432. STEPHEN LANGDON proceedingsdefend was indicted for feloniously stealing on the 19th day of March last ten guineas, value 10 l. 10 s. and one half guinea, value 10 s. 6 d. the property of Thomas Johnson proceedingsvictim , in the dwelling house of Edward Roakley < no role > .

THOMAS JOHNSON < no role > sworn.

I lodged in Queen-street, St. Ann's , in the house of Edward Roakley < no role > ; I was desired by an acquaintance to let the prisoner be with me in my lodgings, as he was out of place, till he could get a place: on the 14th of March he came to me to lodge; he went out very soon on Palm Sunday, between five and six; when I came home from my duty I went to church, and when I returned, I had occasion to go to my box; I had not been there that morning, I found my box locked; I had my money on Saturday in the afternoon, and my money was tied up in a cloth, ten whole guineas, and an half guinea; the room was double locked and padlocked, as I left it; when I missed my money, I enquired after the prisoner, and found he lodged in Whitcomb-street, I had diligently made enquiry, and I found a handsome new trunk, with his name upon it; accordingly on Monday the 21st, about eleven o'clock in the forenoon, Atkins, where he lodged, stopped the prisoner, and sent to me: the prisoner denied taking any property; he was searched all over, and in his shoes were found five guineas, two in one shoe and three in the other; one guinea was marked, and the half guinea was marked; the guinea was refused to be taken, for I went to have it changed because it was lightish, and I marked it by taking it in my fingers and striking it pretty quick on a rough whetstone, on the milling edge of the guinea; I should know it if ever it was offered to be changed; and the half guinea I marked with one prong of a fork for the same reason as the guinea; I told John Taylor < no role > the constable so, and another person at the office, before he was searched; when we found the marked money upon him, then he acknowledged he had taken it out of my box.

Court. Did you make him any promises before he would confess? - None at all, I am sure of that; he said he took it out of my box with a key: I went upon my duty at night upon the watch, and I locked him in every night.

What did he say? - He said he had taken it, he made some kind of apology when before the Justice, he signified that he was in distress; he had bought new cloaths, a new coat, waistcoat, and breeches, and stockings and handkerchief; he said he had laid out three pounds six shillings in these things, and had spent about two pounds four shillings and six-pence on Sunday in pleasuring, or some other amusement, and the remainder he had; he was committed.

JOHN TAYLOR < no role > sworn.

Here are the clothes which he owned, and in his shoes I found five guineas, two in one shoe, and three in another, and one guinea the prosecutor said he could swear to, which was found upon him; I have had it in my possession ever since; he said there was no more money, he had laid out the rest.

(The guinea produced and deposed to.)

Court to Prosecutor. What sort of mark did it make? - It made a little sort of a bulge over the milling; this is the guinea.

Are you sure that is the guinea? - Yes.

Are you clear in that? - Yes.

Quite clear? - Yes.

PRISONER's DEFENCE.

I never saw any money belonging to him, it is all my own; I never saw his box, or had the handling of his money.

GUILTY , Death .

The prisoner was humbly recommended by the Jury to his Majesty's mercy.

Tried by the second Middlesex Jury before Mr. RECORDER.