(L) 501. JOSEPH GRINDAL proceedingsdefend was indicted for stealing a Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value ten pounds; one other Promissory Bank Note, value twenty pounds, the money secured by the said Notes being due and unsatisfied ; the property of Churles Bates, June 19th .

Charles Bates proceedingsvictim . I live at the Cock and Lion, Little Britain . The prisoner is a taylor , I sent for him to my house, and gave him my cloaths to mend. Some time afterward, I recollected that I had not taken out of the pocket, a canvas bag with three ten pounds, and a twenty pounds bank note. I went to his house, and asked for him; he was not at home; I asked the man for my coat, I unbuttoned the pocket where I had forgot before to search, and the bag and notes were gone. I was much vexed, Mrs. Bates asked me what was the matter; I told her, in the cloaths there was a canvas bag and bank notes. She asked me if I could remember the numbers; I told her I could not just then. I went to the bank, and enquired of the clerks whether any body had been there with the notes for cash; one of the clerks examined, and told me there had not; I told him I had sent my cloaths to the taylor's to mend, and there were some bank notes in the pocket; I desired him, when they should be brought, to take notice of the man; that the taylor was a tall man in a dark grey coat. I saw him come home. The clerk of the bank came and informed me the prisoner had been at the bank with a note. He said he passed him in Honey-lane market; I went to seek him, and I presently saw him go by. I called him; at last he turned about and came over; I took him into a parlour, and said I gave him my cloaths, that in an inside pocket there was a canvas bag with fifty pounds in notes. He said he saw nothing of it. I told him, he had it. He said no. I told him I knew he had been at the bank, and bid him go home and bring them to me. He went, but did not come back. The next morning I charged a constable with him, and took him to the bank. He said, he never was there in his life: this was on the 20th, the day after he had changed a ten pound note. The clerks said they knew him. He still denied it. They told him they were sure he was the man, and told him what a dangerous thing he had done, and desired him to go with me and make it up. I said, if he would give me sundry notes for the ten pounds he received at the bank, I would make it up, but he refused to do that. We went; and had a hearing before Alderman Hopkins, who sent him to Wood-street compter.

On the Prosecutor's cross examination, he said that it was before breakfast he sent for the prisoner, and delivered him a coat, waistcoat, and breeches to repair; that after breakfast he went to see after the notes, and found the prisoner at work on the cloaths; that he did not examine the pockets before.

John Haywood < no role > . I live just by the prosecutor; I was at his house the morning he lost the notes, and he acquainted me with the affair. He told me one was a ten pound note he had given me cash for; it was an old note with a good deal of writing upon the back, and the inside had writing on it. I do not recollect the number. I told him if I could see the note I could almost be positive to it. I saw it afterwards at the bank, I was sure it was the note, for I changed no other note with him.

- Boults. On, I think, the 19th of June last, the prisoner brought a bank note of ten pounds to the bank for payment. This bank note being an old one, he was ordered to go into the accountant's office, and have it examined, which he did; then he brought it in to me to mark for payment; I gave it him again, and told him to write his name and place of abode upon it; he went, I saw him write on the note, Brown, Stanhope-street, May fair; he only wrote Brown at first, I asked him whether he had a Christian name, he hesitated a little, and said John; I put the word John to Brown; he went and received the money for it.

Mr. Boults on his cross examination said, that the prisoner came with the note between eleven and twelve o'clock; that the prosecutor had been there ten or fifteen minutes before to describe him; that when he saw the prisoner come in, he told them the taylor was come, and that he was positive the prisoner was the man.

Q. from the Court to Mr. Haywood. Is this the bank note you sent to Mr. Bates?

Haywood. I believe it is by the number of writings that are upon the back: there was a scruple when I changed this note, there was so much writing upon the back; I did not take so much notice of the names.

John Waldon < no role > . I am in the service of the bank. On Monday morning the 19th of June, the prisoner offered this note for payment; it being an old note, he was to get it examined; after it was examined, he wrote his name, John Brown, Stanhope-street, May fair; before this, Mr. Bates had been with me, and had given me a description of a man he suspected had these notes; in consequence of which, Mr. Boults desired me to step after this man, and see where he went; turning up an alley which leads to Honey-lane I missed him; I went and told the prosecutor the man he described had been. The prisoner came by soon after in the dress I had described him in; he was called into their house, and charged with it, but he denied it. I saw no more of it till he was brought to the bank by the constable.

George Hall. I am a teller at the bank of England. I paid the prisoner a ten pound note in the name of John Brown. I asked him if his name was Brown; he said yes; I paid it about eleven o'clock.

Prisoner's Defence.

On Monday morning I took these cloaths to mend; the prosecutor said he must have them that day; I told him he should; he said here are some pockets whence I have lost some money, and shewed me where he had ripped the lining, and took the money out. There wanted several places mending in the lining; he said, do what is to do, and let me have them; I told him what there was wanted doing. My man did not come to work that morning at six, I went and called him, he came to work some time after; then I went to White-street, and measured Mr. Hunter for a waistcoat and pair of breeches, I did not leave him till half after eleven o'clock; then I proceeded through Lincoln's Inn and several other places, and we parted on Snowhill. I never was in the bank before Tuesday morning in my life.

For the Prisoner.

Thomas Hunter < no role > . I am a smith, I live in Little Wild-Street, Lincoln's-Inn-Fields; the prisoner came to my house on Monday morning the 19th of June, at nine o'clock; I should not have recollected the day particularly, but I had some jobs to do for him, and looking in my book, I found the day; he staid at my house to measure me for a waistcoat and breeches about three quarters of an hour, then we went to the mountain and had some drink, where we staid till past eleven; we did not part there, but in the city; then we met Mr. Tudor and Mr. Henry Luker < no role > ; they came to my house, they had some business with me; we four were in company together. After we left the Fountain, we went and found a man I wanted to see: the Fountain is near Clare-market, from thence we went towards the city; we went across Fleet-market and parted on Snowhill; he said, he was going towards home; it then wanted but three or four minutes of twelve by the church clock; I have known the prisoner some time, he has a wife and family; I never knew but that he was an honest man, he has worked for me five or six years.

Robert Tudor < no role > . On Monday the 19th of June, I went about some business for Mr. Hunter about nine o'clock; I came back to Mr. Hunter's and staid and drank some liquor till within a few minutes of twelve o'clock; we were together; then, I went with Mr. Hunter to the Tower, we parted with the prisoner; Grindal and I afterwards met and went to St. Sepulchre's church; then it was twelve at least.

Henry Luker < no role > . I was in company with the prisoner, Tudor, and Hunter, on Monday was three weeks; I was with them at the Fountain, near Clare-market three hours; I parted from them there; it then wanted about a quarter of twelve o'clock.

The Prisoner called eight other witnesses who gave him a good character.

Guilty .

[Transportation. See summary.]