425. (M.) Ralph Mitchell proceedingsdefend was indicted for stealing two guineas and two thirty six shilling pieces in money, numbered , the property of Matthew Prior proceedingsvictim , May 15 . *

Matthew Prior < no role > . I live at Dowgate. I was coming from Highgate, on the 15th of May, in a cart, with the prisoner, about seven in the evening. In the back road, Islington, I laid down to sleep being a tired; I drove the cart to Highgate; he went with the cart for pleasure; there were three carts together. When I went to sleep one of the other drivers lay a sleep a long side of me; Chapman drove my cart for me; I waked rather before I came to Islington , and got out at the Swan to drink; we staid there about an hour: I missed my money when I came to Goswell street; I had twenty-four guineas and two six and thirties in my pocket all loose, of my own money; I commonly carry all the money I have about me. Chapman had a six and thirty and a guinea, and bought a watch with it, that night; I drove the cart back from Islington; I missed the two six and thirty pieces at Holloway; so in Goswell street I took my money out and counted it; the prisoner bought a watch. The next day I took them both upon suspicion; they denied it. I took them before the alderman, and they were discharged; afterwards Chapman was admitted an evidence.

John Chapman < no role > . I drove the cart; I saw the prisoner pick Mr. Prior's pocket, whilst Mr. Prior was, I believe, asleep. He took two thirty six shilling pieces and two guineas; I had one guinea and one thirty six shilling piece. I went over to Pepper Alley and bought a watch; I was behind the cart when he took it; he gave me half to say nothing: I had no money in my pocket before.

Q. What did the watch cost you?

Chapman. I was in liquor when I bought it, and do not know.

Nicholas Symtronds < no role > . On the 16th of May, the prisoner came to my house to buy a watch; he had a thirty six shillings piece and a guinea: he broke the watch, and brought it back to me in a day or two to mend; while I had it he was taken up. Here it is (producing it.)

Prisoner's Defence.

I never saw any thing but one thirty six shilling piece and a guinea, which I found upon the road; I was riding upon the copse of the cart; I saw the money lying upon the ground; I told the prosecutor several times that I had found some money, and he did not own it then.

Q. To the Prosecutor. Is that true?

Prosecutor. It is all false.

For the Prisoner.

Robert Taylor < no role > . He lived with me two months; I am a watch case maker; I trusted him with gold watch cases and he always behaved honest to me; that is two years ago.

Thomas Hollinshead < no role > . I have known him about three years; I never heard any thing amiss of him before.

Guilty , T .