34. MATTHEW MATHISON proceedingsdefend , was indicted for stealing, on the 15th of August last, one piece of gold, of the current coin, called a guinea, of the value of 21 s. the money of Patrick Kenny proceedingsvictim .

PATRICK KENNY < no role > sworn.

I live in Great Shire-lane; there is a way that comes from Little Shire-lane into Great Shire-lane into my house.

What house do you keep? - The Trumpet in Shire-lane . The prisoner happened to be in the passage, and he asked me if I could give him change for half a guinea; there was another with him: I told him, though he was a stranger to me, yet if I could oblige him I would: I put my hand in my pocket, and found silver enough to do it; he made a low bow, and said he was very much obliged to me, and that he would bring me three or four pounds worth of silver in return. The next day, they both came up to the bar, which is close to the passage, about twelve o'clock, and told me they had got a guinea's worth of silver for me, and they called for two glasses of brandy; I said I was very much obliged to them, and I pulled a guinea out of my purse to give them in the room of the silver; he makes answer, and says, it is a very good guinea, but I want a guinea of a particular date, and says, I'll be much obliged to you if you will let me look at some of them; I held out my hand, and he took out three or four, I can't be positive which; says he, they are all very good ones, but there is not one of that particular date I want; so he took one of them, and before I could get round from the bar to the tap-room, they were both gone, and I missed two guineas.

You missed two instead of one? - Yes.

How many had you altogether in your purse? - Eight guineas.

Are you sure of that? - Yes.

You had a guinea's worth of silver in the place of one guinea? - Yes.

When had you counted them? - About nine in the forenoon.

This was about twelve? - Yes.

Had you laid out no money between nine and then? - None out of the purse.

How came it in the purse? - Because I wanted to make up a sum of money.

Did you overtake the prisoner? - I went as far as Clare Market, but could see nothing of them, and was obliged to come back for other business.

How many guineas had you after they went away? - I had six guineas, and a guinea's worth of silver.

How soon did you see the prisoner afterwards? - The 3d of November at night, about six o'clock he came, and another man with him.

This was near three months afterwards? Yes.

Did you never see him till then? - Never, to the best of my knowledge: I was not in the bar when they came; they called for two glasses of brandy, and wanted change as usual; my wife was in the bar, and she having sore eyes, and a handkerchief round her head, she called me to look at the guinea; I said it was a very good one, and observing some face I thought I had a knowledge of, I put the guinea in my pocket, I said it was a very good one, and goes round to get a candle; with that I catches them both, one in each hand, by the collar, and called out for help, and before any body came to assist me, the prisoners made their escape together, and ran away; I cried out stop thief, and I believe the prisoner was taken somewhere about Hemlock Court.

Are you sure the man you stopped on the 3d of November, was the same man that was with you in August? - I think I may be sure he is the same man.

Can you swear positively that he is the same man? - I don't know that I could positively.

Tell us whether you can or no; have you any doubt whether he is the same man or not? - I think he is the same man.

Do you only think so, or are you sure of it? - I am positively sure it is the same man.

You have no doubt, have you? - No doubt in my conscience.

How long was he with you at the time he brought you this change? - He was there just while he drank two glasses of brandy, and what time he thought proper to look at the guineas.

How long might that be? - About ten minutes, or not quite so much.

You are quite sure it is the same man? - I think I may be positively sure.

But are you, or are you not, if you are say so? - I am sure it is the same man.

When this man was with you, was the other man again with him? - Yes.

While this man was looking about the guineas, what did the other man do that was with him? - He desired him to come as fast as he could, for he was in a particular hurry about some business.

Had he the guineas in his hand at all, or the other man? - No; not to my knowledge.

Could he have had them without your knowledge? - No; I kept my eye upon them as well as I could.

Did the other man take them out of your hand? - No; he never took them out of my hand at all.

Could he have laid hold of them? - No.

You are sure this is the same man? - I am sure this is the same man.

Cross-Examination.

I think you said, in the first instance, you pulled out seven guineas out of your pocket, when you was going to give gold for this silver? - I did not say no such thing.

Then you had eight guineas? - Yes.

Why then that was the first time you contradicted yourself, and allowing for the country where you come from, you have told a good story indeed, and varied very considerably in it; you said, in the first instance, you pulled out seven, and that he wanted a guinea of a particular date, and then you said you had seven remaining in your hand, and that you missed a guinea after you had taken the silver in change for the gold? - I had eight guineas in all, and I missed two instead of one.

Did the gold remain in your hand, or did it fall on the ground? - No; I took more care of it than that.

You are sure none fell on the ground? - I am very sure of it.

In the course of your evidence you were going to say you thought something; I wished to have the sentence out, and know how you was certain whether this was the prisoner? - You will have no more from me than what I have given to my lord; I have been examined as much as any gentleman can, and I don't chuse to answer improper questions.

Court. The court will prevent any improper questions being asked you.

In one instance you say you think he is the same man, and in the next breath you say, you think he is not the man, is that the mode of giving evidence? - I swear positively he is the same, and I swear nothing but fair.

Did you not say just now, that you thought you could swear he is the man? - Very right, and so he is the man.

Just now you swore he was the man, and so he is the man, you are sure he is the man, and you are not sure he is the man? - He is the man I am sure.

I am very sorry you did not think so just now; you should not have contradicted yourself, because the jury will not give credit to you, when it is left to them? - I don't want your information.

Counsel. If the jury give as little credit to you as I do, they will not mind what you say.

Mr. Recorder said, no doubt but in point of law, if the prisoner was guilty, it was a theft.

NOT GUILTY .

Tried by the Second Middlesex Jury.