586. JOHN DEAN proceedingsdefend was indicted for feloniously stealing, on the 22d of July , two guineas, two half-guineas, and two seven-shilling-pieces, the property of Isaac Clarke proceedingsvictim , in his dwelling-house .(The case was opened by Mr. Gurney.)

ISAAC CLARKE < no role > sworn. - I live at Clapton , the prisoner was my servant : About the 18th of July, in consequence of a suspicion, I marked all the gold I had, and put it in my book-case, in the parlour, where I usually kept it; on the morning of the 22d, I went out, leaving my money all right; I returned in a few hours, and missed a guinea; I then sent for a constable, who searched the prisoner, but found nothing upon him; we then searched a press in which his clothes were kept, and out of his waistcoat pocket a picklock dropped, the constable then took charge of him; about two hours afterwards, in consequence of information that I received from Ann Vincent < no role > , I went to the press again and found two guineas, two half-guineas, and two seven-shilling-pieces, partly covered over with light-coloured brick-dust, among them was one of the guineas that I had marked.

Cross-examined by Mr. Knowlys. Q. You had this young man from the service of Captain Pole? - A. Yes.

Q. And received a very excellent character with him? - A. The character I received was, that he was sober, but that he was idle.

Q. You talk of a picklock - upon your oath was it any thing more than a mop nail? - A. It was a mop nail.

Q. Did he not say he picked it up in the green-house, and are there not such nails in the green-house? - A. I believe there are.

Q. Did you not take the opinion of a blacksmith, and did he not tell you, that the lock had not been picked? - A. Yes.

Q. Was not this press a place to which any person in the house had access? - A. Yes.

ANN VINCENT < no role > sworn. - I am servant to Mr. Clarke; after the prisoner had been taken away, I went to put up the cloaths into the press again, which is used only for the man-servant's cloaths; I had a candle, by the light of which I observed something glisten, but did not touch it, my fellowservant, who was with me, went up and acquainted my master.

ELIZABETH FRAUNCE < no role > sworn. - I was present when the constable took out the money.(John Shepherd, a constable, produced the money, a a guinea of which was identified by Mr. Clarke.)

The prisoner did not say any thing in his defence, but called Captain Pole< no role > , and two other witnesses, who gave him a good character.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Hotham < no role > .