154. JAMES JONES , otherwise JAMES SANDY proceedingsdefend was indicted for stealing a guinea , the property of James Longman proceedingsvictim and Francis Broderip proceedingsvictim , Dec. 21 .

FRANCIS BRODERIP < no role > sworn.

I am a musical instrument maker , in the Hay Market . On Friday the 21st of December, in the evening, the prisoner cameto my house, and said he wanted to purchase a flute of two guineas value; I was alone in the shop; I called Mr. Serle, one of my young men into the shop to serve him; the prisoner said I need not trouble myself to look out the flute then, but gave me a ten pound bank note, and begged I would take the two guineas out of it, and he would call again for the flute; I went to the money drawer, and acquainted the prisoner, I had not gold sufficient to change it; Serle came into the shop, and I gave him the note to get it changed, as he was going to the door the prisoner called him back, seemed very much confused, and unwilling it should go out to be changed; he said four guineas will do for the present; I then opened the drawer, and gave him three guineas and two half guineas; I expressed a doubt of the money being weight; he replied, if it is not weight it will not do for me, and begged the young man would hand him over the note; nearly at the time he received the bank note with one hand, he put some money down with the other, and went instantly out of the shop.

In what manner did he put the money down? - He threw it down on the counter; I was directly opposite to him; he threw down two guineas, and two half guineas; I took it up, and put it into the bowl in the till.

Do you know what money was in the bowl when you put the two guineas and two half guineas in? - There were some half guineas; I don't know how many; when I gave him the three guineas and two half guineas out, there was nothing left in the bowl but half guineas; I then went into the middle-room to ask the bookkeeper if he knew the prisoner; Serle looked into the bowl, and said he had taken away the new guinea; I then took my hat, and went up the Hay Market in search of the prisoner; not finding him I went to Justice Hyde's, and two officers went with me to a house in Johnson's Court, Charing-cross; when I went in the prisoner stood at the fire.

How long was that after he had been in your shop? - About half an hour; I bid them take him, they did; and on my return to the office, he was brought in; he asked what he was brought there for, that he knew Mr. Broderip very well; that he had borrowed a guinea of him; I answered, that I was not on any terms of intimacy with the prisoner; that I did not lend him a guinea, but he had stole it from me.

Cross Examination.

Was this man drunk or sober when you found him at the ale-house? - I do not know; he did not appear to me to be drunk.

Can you recollect precisely the expression he used when you charged him with the guinea; did he not say, if there was any mistake it must be rejected? - That was not the expression.

Your servant told you he had taken the new guinea; did you remark the guinea? - Yes, it was a bright new guinea.

Was the prisoner searched? - Yes, there was a guinea found upon him, but not a new one.

For what purpose had you given him the money the last time? - He said four guineas would do for him.

When you took up the money, was you conscious you took a guinea short, before your young man mentioned it? - I was at the time, but I did not mention it for the moment; she two half guineas struck me, but I recollected myself, and knew there was a guinea gone.

As you observed it at the time before the man went out of the shop, you did not say, Sir, you have made a mistake, and taken one of my guineas? - He darted immediately out of the shop.

You did not make any immediate pursuit after the prisoner? - It was not ten minutes after.

As you are in a great way of business, your servants have access to it I suppose? - Only three of us; the till is commonly kept locked.

Some of the officers, I suppose, have the custody of the guinea found upon him? - I believe they have.

Court. You went into the middle room as soon as the man went out? - I did.

Where was Serle at this time? - He was in the shop.

Did you take any notice to Serle that the money was missing? - I did not.

How came you not to take notice of it to Serle? - I went directly backwards to the book-keeper to speak to him on this business, to ask him if he had not seen the prisoner in the shop before.

JOSEPH SERLE sworn.

When the prisoner came into the shop I was not present; Mr. Broderip called me to look out for a flute, about two guineas and an half value; the prisoner gave Mr. Broderip a ten pound note, and asked for change; Mr. Broderip gave me the note, and desired me to get change; the prisoner said he was in a very great hurry, and could not stay; he said four guineas would do for the present, and he would call for the change another time; I was near Mr. Broderip; I saw him give him three guineas, and two half guineas, one was a remarkable new guinea, which I had taken just before; the prisoner doubted that the money was not weight, and said, if it was not it would not do; he put the money on the counter, and asked for the note, which I gave him immediately.

What money did he throw on the counter? - I did not see; I was near the door; I saw him throw it down, but was not near enough to distinguish what it was; Mr. Broderip, immediately, put the money into the till, in the bowl, and the prisoner went out immediately.

Where did Mr. Broderip get the money from, he gave the prisoner? - Out of the bowl; Mr. Broderip went back into the middle-room; I thought there was something very extraordinary in the behaviour of the prisoner; I opened the till immediately before Mr. Broderip returned.

When had you seen the money in the bowl before? - Not above five minutes; the key was in the till.

Who had the care of the till? - Sometimes Mr. Broderip, sometimes me.

Had you counted the money when you saw it five minutes before? - Yes, there was five guineas in it; four half guineas, and three guineas; I opened the till, and asked Mr. Broderip if he had taken out the new guinea I had taken just before, Mr. Broderip said he had not.

Had you observed the new guinea? - I saw Mr. Broderip give the new guinea to the prisoner.

Had you observed it when you last saw the bowl? - I had; Mr. Broderip then said, he recollected the man had given him back but three guineas, but that the two half guineas had deceived him; he thought it was four guineas.

Cross Examination.

This was a remarkable bright guinea? - Yes.

After he was gone you missed it, and told Mr. Broderip; how long was that after? - Not above a minute.

When you told him, he said he had been deceived? - Yes.

When did you see the prisoner again? - About half an hour after.

Has any guinea of that sort been found on the prisoner? - There was a guinea found upon him, but quite a different one to the one I lost.

WILLIAM WHARTON < no role > sworn.

I attend Mr. Hyde's office; I took the prisoner; he was examined; I found a guinea, half a guinea, and seven or eight shillings, and a ten pound bank note.

(The Guinea produced.)

Prosecutor. That is not the guinea I lost, I am very clear.

Prisoner. I leave my defence to my Counsel; I know nothing at all of the matter; I was terribly intoxicated.

GUILTY .

Tried by the first Middlesex Jury before Mr. Baron THOMSON < no role > .

[Transportation. See summary.]