1. NICHOLAS CRINIAN proceedingsdefend and PATRICK HENNEY proceedingsdefend were indicted for feloniously stealing, on the 13th of November , privily from the person of John Edwards proceedingsvictim , a leather pocket-book, value 1d. a foreign piece of gold coin, called a pagoda, value 5s. four guineas, a seven shilling piece, a Bank-note, value 5l. three other Banknotes, each of the value of 2l. and three other Bank-notes, each of the value of 1l. in the dwelling-house of Anthony Burton .

JOHN EDWARDS < no role > sworn. - I am a rigger ; at the time of the robbery, I lodged in the house of Anthony Burton < no role > , at Blackwall , it is a public-house. On Tuesday, the 13th of November, I returned from my labour between five and six at night; I had a pocket-book in my pocket, with four guineas in gold in it, a seven shilling piece, a pagoda, and fourteen pounds in Bank-notes.

Q. Do you know any think about the number of any them? - A. No.

Q. Look at the prisoners; when you got back to your lodgings, were either of them there? - A. Yes, both of them were standing on the right side of the fire-place in the tap-room.

Q. Did you sit or stand near them? - A. I both stood and sat near to them as close as I could well be in the settle; I sat next to Crinian, and I believe there was another person sat between me and Henney; I was with them the space of about half an hour or three quarters of an hour.

Q. Were you at any time so near to them that they could put their hands into your pocket? - A. Yes, Nicholas Crinian < no role > ; I went to bed at eight o'clock.

Q. When did you miss any thing? - A. Not before the next evening, when I returned from labour again between five and six o'clock; I instantly went to enquire of Mr. and Mrs. Burton, and the daughter, and the servant, to know if they had seen any thing of the pocket-book; they told me, no; I asked for a candle, and looked for it in the room, but could not find it; I looked where I had been at work, but could not find it; I returned back to the house, went into the taproom, and told them I had lost a black pocket-book, with the name of Davis inside of it, and any body that would bring it to me, I would give them half the money that was in it, if they would return the money; Crinian, whom I afterwards found the pocket-book upon, was close to me at that time; I gave up all hopes of the pocket-book, and went into the house and out of the house backwards and forwards, and afterwards I heard that Crinian had changed a Bank-note the night before at Mr. Armistead's; I went to Mr. Armistead's; after that I went for a constable, and gave charge of Crinian between seven and eight on the Wednesday evening at my own house; the constable found the pocket-book in his pocket when he began to search him, but he would not stand to be searched; the constable put his hand into his pocket, and was pulling the pocket-book out, I saw it in his hand, and I laid hold of it with my finger and thumb, in consequence of that I called to the people that I had got hold of my pocket-book, but he gave himself a spring, pulled it away from me, and heaved it away round the room; it was then picked up and given to the officer; the officer asked me if that was my pocket-book; I replied, yes, it was, and told him if it was mine, there was James Davis < no role > marked in it; every thing was gone out of it.

ANTHONY BURTON sworn. - I keep the Ship, at Blackwall; the prosecutor lodged with me; both the prisoners were there on Tuesday, the 13th of November, between five and six o'clock; I saw Edwards sit down along side of Crinian; it is a very small tap-room, and was very full; I then went out into the other room, I did not take notice where the other prisoner sat; when he had missed his pocket-book the next evening, he asked me if I knew any thing about it, and he searched, and could not find it; one of them had lodged four guineas in my wife's hand the night before, that made me suspect them; we sent for an officer, and called Crinian into another room; they were going to search him, and he said he would not be searched, he said he wanted to go to the necessary; one of the officers insisted upon searching him first; he was moving his hand towards his pocket, when Edwards cried out, here is my pocket-book; then Crinian made a sudden snatch, and Edwards cried out, that is my pocket book; he has hove it away; Edwards said, if it was his, there was the name of Davis in it, and when it was opened, there was the name of Davis in it; the next day Henney was taken up; upon his being searched, I saw found upon him a guinea and half-a-crown.

JANE BURTON < no role > sworn. - I am wife of the last witness: On the Tuesday night the prisoner Crinian lodged in my hands four guineas, I did not see Edwards sitting with him.

Q. Do you remember seeing Edwards go to bed? - A. Yes; it was two hours, or two hoursand a half after that that Crinian brought me the money, and the next day he lodged another guinea in my hands.

THOMAS SMITHER < no role > sworn. - I am a headborough: On Wednesday, the 14th of November, Edwards came to my house, and told me he had lost a pocket-book; I went to Mr. Burton's, the Ship, Crinian was in the tap-room, and told me, that was the man, and I took him into a room backwards, and wanted to search him; as soon as I went into the room he sat himself down in a chair; he said he would not be searched; I got him by the collar to make him stand up; he said, he wanted to go to the necessary, and then I heard Mr. Edwards say, here is the pocket-book; upon that the prisoner gave a spring, but I did not see him throw it away; it was picked up in the room about five or six minutes after, not more. (Produces the pocket-book).

Edwards. This is my pocket-book, I know it by the name of Davis being marked inside; he was my brother-in-law, and made me a present of it about two years ago.

WILLIAM BARRETT < no role > sworn. - I am a publican, I keep the White-hart, at Poplar: On Tuesday, the 13th of November, both the prisoners came to my house about seven o'clock in the evening, and asked for a pint of slip; I made it, and they drank it; then they had another, and two or three more besides; then Henney came to the bar, and asked me to change him a two pound note, which I did, I gave him cash for it, and took my reckoning out of it besides. (Produces the two pound note).

Q. < no role > (To Edwards.) Among the papers in your pocket-book, was there such a thing as a two pound note? - A. Yes, there were three two pound notes, and three ones and a five.

Q. < no role > Do you know that note again? - A. I cannot positively say, but one of my two pound notes had a piece of paper stuck on the back as this has.

JOHN SINEY < no role > sworn. - On Tuesday, the 13th of November, between seven and eight, I saw the two prisoners; I live at the Angel, at Poplar, about a stone's throw from the White-hart; they came to my house and called for sixpenny-worth of brandy and water, which I gave them; Crinian asked me if I would be so kind as change him a two pound note; upon which I replied to him, Nicholas, have you come up in any ship lately? he answered, he had come up in the Asia Indiaman; in consequence of that, thinking they must have some little business to settle, I gave them change for the note; I received the note from Crinian, and gave the change to Henney; upon their going out, they came to me to the bar, and asked me if I could change them another note; I told them I thought I had given them sufficient change for that evening, and if they would call in the morning, and it suited me, I might give them more change, and I saw no more of them.

EDWARD ROGERS sworn. - I am a constable: On Thursday, the 15th of November, the prosecutor came to our office, and got a warrant against Henney; Crinian had been committed; I went with the prosecutor and Burton, and made some enquiry about St. James's; we found him at the corner of Bury-street, and I apprehended him; I secured him, and searched his pockets, and found a guinea in gold, half-a-crown in silver, two penny pieces, and two halfpence; we put him into a coach, and in the presence of Burton in the coach, I asked him where he had got that guinea; he repeatedly asked why I wished to know, and what I had apprehended him for; I told him I had apprehended him for a felony; he then said, I believe I understand what you have apprehended me for; I asked him what was that, and he said, it was about the pocket-book that him and Nicholas had; I then told him, if he knew any thing about the pocket-book, to tell the truth, that I would promise him no favour, but to tell the truth; he then said, that on the Tuesday night before he was at Mr. Burton's at Blackwall, Nicholas Crinian was there, that Nicholas went to the door and picked up a pocket-book; that he put the end of the pocket-book into his hand, and said, I believe I have got something here that will make us drink, or give us some beer, or something to that effect; that he and Nicholas went to Mr. Siney's, the Angel; that from thence they went to Mr. Armistead's, a slopseller, where they had changed at Siney's a two pound note, at Armistead's a five pound note, and another note at Barrett's, I do not recollect that he mentioned what sort of a note, and that they had divided the money at Barrett's; I then asked him if this guinea and half-a-crown and copper was any part of that money; he said the guinea was part of the money, but the rest was his own; I asked him what was become of the rest of the money; he said, that during the time he was at the public-house at the corner of Bury-street, he had spent two guineas, and on the night previous to his being apprehended, he went with a girl to Market-lane, St. James's-market, where he had spent a guinea and a half; he was then brought to the Public-office, and committed.

JAMES ARMISTEAD < no role > sworn. - On Tuesday evening, the 13th of November, between eight and nine in the evening, the two prisoners came to me and bought some slops; I changed them a five pound note, which I paid away the next day.

Crinian's defence. I found this book on the pavement in the street outside Mr. Burton's house, and this Patrick Henney < no role > was along with me, and Ishewed it him; and I said there might be something worth some drink in it; and then we went to Poplar, and came back to Mr. Burton's, and lodged four guineas in Mrs. Burton's hands, and the next day another guinea.

For the Prisoners.

THOMAS JAMES < no role > sworn. - I am a rigger, I worked with Edwards: On Wednesday evening, the 14th of November, he missed his pocket-book, and we looked round with a candle and lanthorn, and could not find it, and then he said he must give it up as a bad job; he said, he recollected he pulled out his pocket-book and lent five shillings to one John Henty, and he did not know any thing of it afterwards.

Q. Did he say where he pulled it out? - A. Yes; he said he was sitting upon a bench outside the door, about two feet off the door.

Q. Did he say at what time of day or night it was? - A. No; he did not.

MICHAEL CRAWFORD < no role > sworn. - I happened to be in the house of Burton, at Blackwall, I think it was the night after Edwards had dropped the pocket-book; he came into Burton's, and said, he had dropped a pocket-book, and whoever had picked it up, and would return it to him, he should return them to half the amount of the contents; upon which he said, there might be eighteen or nineteen pounds, in notes and cash; at the same time, I asked him where he thought he had lost it; he said he could not say, but he thought he must have lost it in the box where we sat, at the same time, or at the bench without the door.

PETER GOUGH < no role > sworn. - I was in Burton's house when Edwards came in, and informed us he had lost his pocket-book containing between eighteen and nineteen pounds; he said he was not certain whether he dropped it at the door, on the bench, or in the house.

DONALD CAMERON < no role > sworn. - After being done work that night I came into the house, and Edwards said he had lost a pocket-book to the amount of eighteen or nineteen pounds, and whosoever picked it up, and restored it to him, he would give them half of what was in it; he said he did not know whether he had lost it in the house or on the bench.

Q. Did the prisoners hear the reward offered? - A. Yes; Crinian was there; if he was sober enough, he could not but hear him.

Q. What night was it? - A. < no role > Wednesday night.

HUGH DUFFEY sworn. - I was in at Burton's on the Wednesday night; Edwards came in, and said he had lost his pocket-book; he did not know whether it was in the tap-room, or on the bench outside; he said he would give half the contents of the pocket-book to any body that would restore it to him.

Q. < no role > (To Edwards.) On the Tuesday night, when you lost the pocket-book, how were you dressed? - A. In a jacket and trowsers; my pocket-book was in the right-hand pocket.

Q. Could any person, standing near you, easily get at it? - A. Yes; he sat on my right-hand; I had a very large pocket in my trowsers, which being stiff with tar, he might very easily put his hand in and take it out without my knowledge.

Q. < no role > When had you last seen it? - A. A man had called me to Mr. Burton's door, and asked me to lend him a shilling or two; I put my hand into my pocket, and pulled my pocket-book out with my right-hand and put it into my left, and held it there till I put my right-hand into my pocket again, and I pulled out four half-crown pieces, and two or three shillings; I told the man there were five shillings for him, as I owed him some money; I then put my pocket-book into my right-hand pocket again.

Q. Was it not possible you might drop the pocket-book near the door? - A. No; to the best of my knowledge, I am sensible I put it in my pocket at the door.

Q. Did not you, the next day, represent it as having lost your pocket-book either at the door or the bench? - A. No, they misunderstood me; I said, the last time I had it was at the bench, outside the door.

Q. Were you perfectly sober at this time? - A. Yes. Both NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice GROSE.