288. JAMES SMITH proceedingsdefend was indicted for feloniously stealing, on the 25th of February , 7 s. 6 d. the monies of William Yendole proceedingsvictim , privily from his person .

WILLIAM YENDOLE < no role > sworn.

On the 25th of February, I lost seven shillings and sixpence; I was at the top of St. James's-street , with my coach and horses about eight o'clock; between eight and nine, I went into the public house and was asleep; I had eight shillings in my breeches pocket; the landlord of the house awaked me, and I found six-pence in my breeches pocket where the eight shillings was. The prisoner was sitting in that house, almost facing the fire place, when I went asleep there was three more in the house, they were gone when I awoke. I found one shilling on this man that I can swear to; about an hour after he was taken at the Coach and Horses, the corner of Charles-street, Covent-Garden; he had six shillings besides that in his pocket, and a counterfeit half guinea.

HENRY BAINBRIDGE < no role > sworn.

I was the constable that took charge of the prisoner, it was about a quarter or twenty minutes past ten, on the 25th of February; the prosecutor brought him, and said, he had lost seven shillings and six-pence; I desired to know if hecould describe the money, he said, there was an half crown, and the rest in shillings; he said, there was one shilling almost square, and rubbed at the edge. I told the prisoner I must search him, he said, I might save myself the trouble, all that he had I should see, and he flung the money down on the table, and the prosecutor picked one shilling out that he could swear to. (The shilling produced and deposed to, by the mark on the edge in the head, and it being the first shilling he took in the morning.)

Prisoner. I was in this house in the course of the afternoon, and I had two or three pints of beer, and I went from there to Covent Garden, he was rather in liquor and came in, and pulled me out by the string of my coat, he said, come along with me, and knocked five shillings and six-pence out of my hand, and when I was looking for the money some people came and laid hold of me.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .