28. PHILIP SUTTON proceedingsdefend was indicted for stealing on the 22d of November , a linen pocket, value 1 d. two half-crown pieces, and two shillings and ten-pence half-penny, in monies, numbered, the property of Sarah Kempson proceedingsvictim , privily, from the person of the said Sarah .

SARAH KEMPSON < no role > sworn.

I was upon the road to Aylesbury on the 22d of November, near Tyburn , the day of the execution; I stood on the right-hand in the road to Paddington. The crowd was very great, I could not get through it, and was under the necessity of standing there; the prisoner, who stood next to me, stooped and put his hand up my petticoats; I immediately put my hand into my pocket, but the prisoner had then taken my money out of my pocket. The money was found in his hand. I lost two half-crowns, and two shillings and ten-pence half-penny, and a farthing; the money was in my pocket when he put his hand up my clothes. He was taken to a publick-house, by the assistance of some persons, and upon searching his pockets some money was found. I fixed upon a farthing and a halfpenny. The farthing had been burnt; I took it out of the fire and rubbed it. The halfpenny was black, I had been in possession of it a considerable time. I had a new shilling; such an one was found in the prisoner's pocket, and two half-crowns.

THOMAS HOSKINS < no role > sworn.

I was attending the execution. I saw the prisoner near the prosecutrix; I observed she was very much pressed and ill-treated. Just as the common convicts had been tied up, and the coiner was going on in the sledge, I heard the prisoner say, in a low voice, as if speaking to an accomplice, Now to work. I kept my eye upon the prisoner. Sarah Kempson < no role > , the prosecutrix, was complaining of the pressure of the crowd. I assisted her in recovering her cloak. I observed the prisoner's hand upon her right pocket; then he took up her petticoats, and stooped downwards. I observed him in that position, and afterwards, when the girl (the prosecutrix) ha d cried out, it was a long time before he could recover himself. The prosecutrix cried out, some person has his hands under my petticoats, this man is robbing me. Upon her saying that, I immediately seised the prisoner. He was taken to a publick-house. I had great difficulty to prevent the crowd from taking him to duck him, which I did by representing to them the impropriety of such conduct. He was searched; his money was in two different pockets. There were two half crowns found in his pocket, two new shillings, an half-penny, and a farthing. The prosecutrix owned the half-penny and the farthing. She said she believed the two half-crowns and the shillings were her's. There was a small knife found in the prisoner's pocket. The prosecutrix's pocket was produced and it appeared it had been cut. The knife was proper for such a purpose.

( Richard Grott < no role > , the officer who stood near Hoskins at the execution, confirmed his testimony.)

PRISONER's DEFENCE.

I am innocent of the business. One of these shillings I had had for some time; the half-penny and farthing I had before. I had been at a publick-house; I had offered the bad half-penny and farthing to the woman; she would not take them, so I had changed a shilling; that ten-pence was the change. I had the other shilling with five shillings at Mr. Weller's office, in change for a guinea, and the two half-crowns.

(The prisoner called two witnesses who gave him a good character.)

GUILTY of stealing the money, but NOT GUILTY of stealing it privily from the person . N. 1 year .

Tried by the First Middlesex Jury before Mr. Baron PERRYN < no role > .