186. THOMAS SMITH proceedingsdefend was indicted for feloniously stealing, on the 12th of January , one half-crown piece , the money of Joseph Coulse proceedingsvictim .

JOSEPH COULSE < no role > sworn. - I am a tin-man , a journeyman : we had a suspicion of money being taken out of the till several times, and we took notice of what money we left in the till over night, and there was always so much taken out of the till that we had left in; and the night before the prisoner was taken up, I put some money into the till, and I marked it all.

Court. Q. How much money did you mark? - A. Four half-crowns, seven shillings, and five sixpences; the next morning, after marking the money, I went into a room adjoining the shop, and I saw the prisoner go to the till, and take out something, this was about a quarter before eight o'clock; I went and looked at the till, when he was gone to his work, and I missed the half-crown; the night before, I sent to acquaint a constable about it, and desired him to be in readiness at a public house; I went to him, and he came to the house, and searched the prisoner, and found the half-crown upon him, he came about eight o'clock in the morning; he also found a pick-lock key; he took him away, and had him before a Magistrate.

Court. Q. What was the mark you put upon it? - A. I filed it on the edge; I can swear to it.

Cross-examined by Mr. Jackson. Q. Had you marked the money at any other times? - A. Yes, the night before that; but never before that.

Q. What mark did you put upon the other half-crowns? - A. I marked them with a punch; several were marked with a punch, and two were marked with a file.

Jury. Q. You said, if I understand you right, you had prepared a constable on the preceding night that you were robbed, ready against the next morning? - A. Yes.

Q. Now, I believe, the prisoner is not the first that you have prosecuted for the same offence? - A. Never before.

Mr. Matthews. Q. Had you any other people about the shop? - A. Yes; we had another lad besides him.

JAMES KENNEDY sworn. - I am an officer belonging to Marlborough-street office: The prosecutor sent for me on the 11th of January, and desired me, the next morning, to wait at the Duke's-head public-house; I went about a quarter before eight o'clock, and the prosecutor came to me, and desired I would go with him; I went to his father's house with him, and he called the prisoner at the bar out of the work-shop, and he told me that was my prisoner; I asked him what he had been robbed of, and he told me a half crown-piece; I searched the prisoner, and found a half-crown-piece in his pocket; I searched him again, and took a picklock key out of his pocket, it was made of a piece of wire, then I took him to the Magistrate; I have kept the half-crown-piece from that time to this.

Court. (To Prosecutor.) Q.Look at this half-crown, is this the same? - A.I have no doubt about it, because it is marked on the edge.

Mr. Jackson. Q. When you paid him his week's wages it was not impossible that a halfcrown, like this, might be amongst the money you paid him? - A. Very unlikely; I will take upon me to swear that was not amongst the half-crowns I paid him.

The prisoner did not say any thing in his defence.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. RECORDER.