304. (M.) JAMES LEVER proceedingsdefend was indicted for breaking and entering the dwelling house of John Cooke proceedingsvictim , on the 7th of February about the hour of one in the night, and stealing one tablecloth, value 2 s. one laced apron, value 3 s. one muslin handkerchief, value 1 s. two childrens gowns and petticoats, value 1 s. 6 d. two childrens shifts, value 6 d. two childrens caps, value 2 d. one dimity petticoat, value 4 s. one pair of shift sleeves, value 1 s. one piece of linen cloth, value 2 s. two pillow cases, value 6 d. one white handkerchief, value 1 s. one linen sheet, value 2 s. one black silk hat, value 1 s. the property of the said John Cooke < no role > in his dwelling house . ++

Jane Cooks < no role > . I am the wife of John Cooke < no role > , who keeps a public house . Our house was broke open on the 7th of this month, some time in the night; I went to bed between nine and ten on Sunday night, and in the morning as soon as it was light I was alarmed by a labouring man that lives in the house, that the house was broke open; I found the window shutters wrenched open; the hinges were wrenched off; the lock of the parlour door was broke; the first thing I saw was some tinder on a table under the window; the parlour was stripped of every thing; there was a horse of clothes; that and all the drawers were stripped of all the things mentioned in the indictment, and a vast quantity more; there is not a twentieth part in the indictment; some of the things were found on the prisoner. The bar was broke open and all the money took out of the till, and five table spoons; they are not in the indictment because they are not found; a watchman found the things on the prisoner. I came to London to Sir John Fielding < no role > 's, and had bills dispersed; I had a letter the next day that some of the things were found; I came to town and saw them at Justice Welch's.

George Hannan < no role > . I am a watchman: I found these things under the prisoner's arm, before five o'clock in the morning, this day fortnight, in the street; I took the bundle and the prisoner to the Round-house, and in the morning I took him to Justice Welch's; the bundle has been in my custody ever since; (the goods produced and deposed to by Mr. Cooke). When I met the prisoner I asked him where he was going with these things; he said he came from Highgate with them; that they were his father's dirty things; I told him I could not think he came honestly by them; I secured him.

Ann Williams < no role > . I am servant to Mrs. Cooke: I fastened the house up that night between nine and ten o'clock; I saw the things safe in the parlour; I got up about seven o'clock in the morning; my mistress was down before me; when I came down the linen on the horse, and all the things in the drawers were gone; the lock of the parlour door that came from the back to the fore parlour was picked; it was as if it was opened by a key.

George Gurney < no role > . I lodge in the house; I got up about five o'clock. I went the back way out of the house; the window shutters were broke open; I saw it as soon as I went out of the door; I went in and alarmed another gentleman that lodges in the house as well myself.

Prisoner's Defence.

I had been drinking at Highgate; coming by Mother Red Caps I found this bundle.

Guilty of stealing the goods but not of the burglary . T .