780. The said GEORGE GRACE proceedingsdefend was again indicted, for feloniously stealing, on the 29th day of June last, one half-crown, value 2 s. 6 d. and sixpence in money numbered , the monies of John Hillier proceedingsvictim .

The witnesses examined apart at the request of the prisoners.

MARTHA HILLIER < no role > sworn.

I am wife of John Hillier < no role > , I live at Highgate , I keep a Poulterer's shop , the prisoner is the same gentleman that came into my shop on the 29th of June, a little after three in the afternoon, there was another gentleman came in with him.

You took them to be gentlemen? - Yes, he asked for some rabbets, he wanted a rabbet or a couple to be chopped up for frying; after agreeing for the price, this gentleman asked me to change a guinea, and he put down a guinea, I put down thirteen shillings, which he took up, the other gentleman said, O! damn it, do not change, I have money plenty, he laid down the money again.

Did he take up all? - Yes, I had bet ten shillings when he went away, in the room of thirteen.

I think you say, the prisoner took up the money as you laid it down? - Yes, he did take it up, he then laid down ten shillings of it, and they both went out of the shop, and bought nothing.

How long was it before you observed there were three shillings short? - Not three minutes.

Are you sure you had thirteen shillings? - Yes, I am sure.

Did you count them out one by one? - Yes, I am sure, I took out thirteen shillings, and had but ten again, and nobody was in the house but myself, and one child of ten years old, they had a chaise waiting for them opposite to my house, I saw them get into the chaise and go off immediately; there was another waiting at the door for them with a whip in his hand, I am sure the gentleman is the same, because he asked me how I did at the Justices, and he said he knew I should use him well.

Prisoner. Did I touch your money? - You took it in your hand, and threw it down again, I stooped to pick up one of the shillings, and you immediately pulled something out of your pocket like a gold watch, and went out in a trice.

WILLIAM LAWRELL < no role > sworn.

I took the prisoner, I know nothing of the robbery, I was at Litchfield-street, the next morning I saw Mrs. Hillier there, she knew him directly.

PRISONER's DEFENCE.

Gentlemen of the Jury, I went into the shop for two rabbets, the people of the public house could not dress them, and we agreed to have a bit of cold victuals, my witnesses are some at Brentford, and some at Hounslow.

Court. You have heard this evidence, Gentlemen, the question is, whether you believe what this woman swears, she does positively swear that she produced thirteen shillings, and the prisoner took up thirteen shillings, and laid down only ten shillings.

GUILTY .

To be whipped , and imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Justice GOULD.