316. (M.) THOMAS HOLMES proceedingsdefend was indicted for stealing one pair of leather shoes, value 4 s. and ten guineas in money numbered , the property of James Croker proceedingsvictim , February 26th . ++

James Croker < no role > . I am a journeyman plumber , and lodge at the Duke's-head in Warwick-street, Golden-square . The prisoner and another lodged in the same room with me, and had another bed. The prisoner went up stairs with a candle on the evening of the 28th of February, and came down stairs again with a pair of shoes in his pocket. I then went up stairs, and missed my shoes, and ten guineas out of my box, which I had seen there on the 25th. I left my box locked, and found it locked. I challenged him about the shoes. He said he took them, but not to wear them. I charged a constable with him the next morning, and then accused him with having taken my money. He said he would deliver up all the things he had bought with the money, if I would let him go free; and he further said that he found the money on the bed. He gave up a watch, two coats, and a hat; they were all in the house but one of the coats. I found where he bought the watch, in St. James's-street, the day he had taken my money. He had 4 s. 6 d. in money. He came into the lodging on the Monday night; and this was the Friday.

Edward Liddiard < no role > . I am a constable, and was sent for to take the prisoner into custody on the 29th in the morning. He was getting out of bed. I told him that I had charge of him for stealing a pair of shoes and ten guineas. He denied it at first. I told him he must go along with me. Then he said, if I would let him go, he would give up the things he had bought with the money. He gave up a watch, which he bought for five guineas, a chain for 2 s. a silver seal for 2 s. 6 d. two surtout coats, which he bought in Rag-fair for two guineas, and a hat at the same place for 9 s. One of the surtout coats he had lent to a brother soldier; and he directed us where to find the soldier . He said before the Justice that he found the money loose upon the bed. There was 2 s. 6 d. he gave up, which he said was part of the prosecutor's money, and that he had spent the rest.

Q. Now, as he wanted to make a condition with you when he offered to give up the goods he had bought with part of the money, if you would let him go, did you promise to let him go if he would?

Liddiard. No. I said, now you come to something to the purpose. I said no more.

Prisoner's Defence.

I brought the money out of the country, and bought these cloaths with it. I earned the money by my own industry. I had been a soldier about a fortnight or three weeks.

Guilty . T .