The Sun.
London, England, 1802-07-19 00:00:00

masters.---Thei)efendant was One cyl' the guards of
a,mail coach ; and the Plaintiff was a lamp-lighter
in the POst Office'; and-this conversation took piace•
when he was cleaning shoes and 'boots Ihe-re.-7-ft
was alledged also, that the quarrel arose, from the
-Pl.tintiff.negleding paying- for a goost ..which the
Defendant broUght him from the country.
Lord-Et.IANBoROUGir said, "WhoeVer the At-
torney is in this Case, he.has lo!,t his writ of nisi
Arius, for, in every Count in his Dechiration, he
has stated these words to have been spoken of and
concerning the. Plaintiff in his- situation at the
Post Office." . • -
The Plaintiff was therefore nonsuited.

OLD BAILEY.

FOURTH DAY.-SATURDAY, JULY J.

. Thomas yones was indicted for a capital offence,
in feloniously stealing, on the.ninth of July one 201.
Bank of England' Note, and various other notes to
the amount of 1551. the property of Peter .Martin,
privily
,from his person.
Mr. GURVEY, as CoUnsel for the prosecution,
stated the particulat's of the Case-, which will appear
from the following narrative of its material circum-
stances : and observed it would appear that the Jury,
in a merciful consideration of the case, may dismiss
. the. capital part of it, namely, that which related
to the stealing, privily' from the person of. the
Prosecutor. The appearance of the Prisoner was
also much in his favour. But God forbid, he said,
that in cases of this sort, any stress should be jaid
Qn Appearances. He clanked not that the Prisoner
would have a, good, Charatter given him. But this
.should only. weigh in doubtful cases, and notmilitate
against direa and .positive evidence.
Mr.•NCrtin the Prosecutor, stated that he is a
wine and,brandy merchant, and lives in Unioo-street,
Wapping. That on the 9th of July he took out
some Notes' with him in order to deposit with his
banker ;. and his intention was-also to coiled some
debts. He•received a 201. Bank of England Note
from Mr. M'Allister, in High-l-folborn, which he
wrapped,up with the other Notes in his Possession,
and pttl,in his: right-hand breeches pocket. The
amount of the whole was :551. He had besides eight
guineas and..a very small quantity -of silver. In
about a quarter of any hour after he called at the
Coach and Horses, liquor-shop and public-house,
kept by Mr. Barker, in High Holborn. ,
-He went into the back parlour. This was rather
before two o'clock: He ordered a bottle of wine.
There might be seven or eight Gentlemen in the room
at the time; among whom was. the Prisoner. Most
of these dined, at the house. He sat next to the
Prisoner ; the, litter at his right-hand. They all
joined company—drank together about four, or five
bottles of wine, and at five o'clock a coach w:u
dered for him to go away. He, ordered it to drive'
to his banker's in Lombard-street.. One the
company, a Mr. Ellis, a Huntingdonshire farmer,
accompanied hiM as far as Cheapside. When he
got to the banker's he found that all his Notes were
gone. He immediately returned to the house of
Mr. Barker. One of the junior partners of the
banking house accompanied him. He there inform-
ed the landlord and the company of his loss. The
Prisoner was not there, at the time. He shortly
after saw the zol. note he received froth Mr.
M'Allister, but never since recovered any of the
others. -

On his cross-examination by Mr. KtvArF, the.
Prisoner's leading Counsel, he stated that Mr. Ellis
sat on the- opposite side of the coach all the way they
rode together.
John Barker, who keeps the Coach and Horses in
High Hofborn, corroborated that part of Mr. Mar-
tin's testimony which related to what passed in his,
house.

Mtn'. Mr. Martin went away the second time,
he, the Witness, had some conversation with the
company on the subje&.•
The Prisoner, who left the .house soon after Mr.
Martin Went- the first time, had about this period;
returned.

The Witness expressed his regret that such a'
thing should happen in his house, and that it was
a great refleetion on the company. It. was, agreed
that they should Jill stand a search: He immediate'_
ly brought Mr. Bell, the high constable of that di-
vision... The company, in general requested he
wouldsearch them. Upon which the Prisoner took
out .a few loose papers and a shilling from his waist-
coat pocket, ,and said he would be searched by no

man. .
Mr. Bell then said to him, " Who are you ?
here% my authority," (produci►►g his pocket staff,)
" and I will search you the first man." Accord.
ingly he proceeded to search him, and found in his
left-hand coat pocket a 201. Bank of England Note,
loose, and rather in a rumpled state. He was im-
mediately taken into custody and the Prosecutor in-
formed of the circumstance.
. On his crosS-exantination, by Mr.Att, EY, the Pri-
soner's second Counsel, . the witness acknowledged
he was much surprized at the affair, Ts he consider,
ed Mr. Jones to be a man of great respedability,,
remarkably well behaved, and in 'short one of the
last men' he should susped of a thing of the kind.
He understood him to be a tradesman and a house..
keeper. Neither of the parties were. drunk, but
they seemed to be a little affected by the liquor.
Mr.W.Bell,.an iron-founder,of CrOss . street, Cle rk-
enwell, stated, That he was one of the' company at
the Coach and Horses the •eyening the affair' took
place.. The Prisoner sat next to Mr. Martin, and
at his right-hand ; they conversed very familiarly
and shook hands frequently. He thought they were
both a little intoxicated. When Mr. Martin rose
--to go away the Prisoner also rose, .and they shook
hands very cordially. Just before that he thought
he saw Mr. Jones draw his hand from the Prosecu-
tor's right-hand breeches pocket. Soon after Mr.
Martin went away the Prisoner got up and said he
must go put ; but if he did not return to the com-
pany in-r► quarter of an'hourhe would. forfeit a shil-
ling. He was present, when the High Constable was
• introduced, arid he described that part of the business
in the way narrated by the last witness.
On his cross .examination, by the Prisoner's C00n..,