425. ALEXANDER WILKINSON proceedingsdefend was indicted for feloniously stealing, on the 4th of March last, four six-pences, value 2 s. and sixteen copper halfpence, value 8 d. the monies of John Lowe proceedingsvictim .

JOHN LOWE < no role > sworn.

On the 4th, about a quarter past eleven in the evening, I was collector of the toll at Pimlico gate , and at eleven o'clock I laid down, I put down four sixpences, and sixteen copper halfpence; the prisoner came in and asked if his ass was gone through, I told him no, he said he would leave his basket, and go back and look for his ass; he went a few paces, and turned back for his ass as I thought, and he turned back again and came in, I then thought of the money that lay there, I got up to look, and I missed it, and I detained the prisoner, I called the watchmen, and they came, I told them that I missed my money, and I suspected the prisoner; he was searched and there was money found about him, which I thought looked very much like my money, but I cannot be sworn to it; there was more money found about him than I had lost.

Had any body else been into the the toll house, after you had put down the money? - Not to my knowledge.

Had you fallen asleep? - I do not know, I believe I had not.

Can you say positively you had not? - No, I would not say positively.

Then you cannot swear that nobody else came in? - No, I cannot, as the door was open, I knew the prisoner before, by going through the gate most days.

Alderman Sanderson. Were there sixpences found upon him? - Yes.

How many? - Four.

Mr. Peatt, Prisoner's Counsel. It is usual for you to lay several hours on this couch? - It is for that purpose.

It is very usual for you to lay dosing on this couch, half asleep and half awake? - Yes.

In a total uncertainty of what passes? - Yes.

JOHN BIRDSEY < no role > sworn.

I was crying the hour; I heard somebody call watch; I went to the turnpike at Pimlico, and the prosecutor had hold of the prisoner, and gave me charge of him; there were sixpences, and two groats in halfpence; he had it about him; I believe he had some in his shoes; he was not willing to be searched without a constable; he pulled his coat and his apron off: I pulled two sixpences and a shilling out of his breeches pocket: Mr. Low said he would swear to one of the sixpences in his waistcoat pocket; I took out ninepence halfpenny in halfpence, then I took two sixpences and one shilling out of his right shoe; and the prosecutor said he would swear to one of these sixpences.

Prosecutor. I cannot swear to money; there is one with a hole in it, very much like one that I took; but I take more of that sort.

Mr. Peatt. Sixpences with holes are very common? - I took two within the month.

EVAN WILLIAMS < no role > sworn.

I was called to the assistance of the prosecutor, I saw the prisoner searched, and one of the sixpences was a remarkable small one, and the other with a hole.

PRISONER's DEFENCE.

I know nothing of the affair; I had been out with my goods that day, and coming home I got rather drunk, and I did not know what I was about; I came to the turnpike gate, and I asked the man to let me leave these baskets there; I knew nothing of the money being in my shoe; I was in liquor; I took several shillings that day, and sixpences too.

The prisoner called five witnesses who gave him a very good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.