477. (L.) Joseph Sterne proceedingsdefend was indicted for breaking the dwelling-house of Thomas Royle proceedingsvictim , on the 17th of October, about two in the morning, and stealing three silver table-spoons, value 30 s. two silver tea-spoons, value 4 s. a pair of tea-tongs, value 2 s. a silver pencil-case, a linen shirt, two linen aprons, two linen towels, two linen handkerchiefs, a pair of leather breeches, the property of the said Thomas; and one linen handkerchief , the property of Margaret Gregory proceedingsvictim This name instance is in set 2458. . ++

Thomas Royle < no role > . I am an orange merchant , and live in Botolph-lane ; my house was broke open in the night between the 17th and 18th of last October; my maid got up first, and she missed some things; when I got up we looked, and the things mentioned in the indictment were missing; I looked and could not see any marks of force in order to get in; I am thoughtful the door might have been left open by some of our lodgers; Margaret Gregory < no role > , who is our washerwoman , had been washing, and she had a handkerchief missing; she said afterwards she saw her handkerchief upon a woman's neck at Newington in Surry; I desired her to enquire her name; she did, and came and told me her husband was named Sterne; I then thought it was likely to be him that got in, he having lived servant with me twice before; I took a warrant, and went to his house; we found some old aprons of my wife's, and two towels in his apartment; he had on him my breeches, and my buckles, and my handkerchief; he said, he hoped I would be merciful to him, and not take away his life; I told him I would be as favourable as the nature of the case would admit; he told me he had pawned two spoons at a pawnbroker's in Leather-lane, Holbourn, which he had afterwards sold out and out to the man; I went there, the pawnbroker acknowledged that to be true, and remitted me the money in the room of them.

Mary his wife deposed to that of the things being missing; and

Mary Edwards < no role > the servant to that of double-locking the door over night; but a lodger came in after she was in bed, so could not be certain as to the door being fast.

Prisoner's defence.

I am guilty of the fact, I did it at a time of necessity; I was just come out of Guy's-hospital, my wife was just brought to bed; I lived two years with my master, I dare say he will give me a good character; I found the door open as I was going by.

Royle. The time he lived with me I thought him a very honest fellow.

Guilty 39 s. T .