104. PETER MAYHEW proceedingsdefend was indicted for breaking and entering the dwelling-house of Daniel Jacobs < no role > , with intent to cut and destroy twenty-five yards of wrought silk, value 5 l. the goods of Michael Fosset proceedingsvictim , without his consent .

A second count for cutting and destroying the same.

A third count for cutting and destroying it in the loom.

PETER CURRY < no role > sworn.

I live in Granby-street, Bethnal Green ; on Sunday last while I was in my kitchen, I saw a light between seven and eight o'clock in Mr. Jacobs's shop; I heard Jacobs's name, I was alarmed; I went and met Jacobs at Mr. Daycock's, and desired him to let me have his key; I went up with a poker; I seized the prisoner, he catched hold of my poker, we struggled, and Mr. Jacobs and Mr. Daycock came and he was secured; I found the work cut in the loom ready to take away.

What was the work? - A blue manteau, shot with white, cut in the loom and left there; it was cut clear from the reed; on examining the window, we found it open, and saw the mark of a foot, as if somebody had gone out there; I found a candle burning in the house, on the ledge of a wall; I saw nobody in the house but the prisoner; he was in the kitchen, standing upright in it, between seven and eight at night; we searched the prisoner, found nothing but a clasp knife, and some half-pence; I saw the light on the stair-case, on a pier of the wall.

From the Prisoner. Whether he did not knock me down with a poker? - I did not knock him down, I had one which he endeavoured to take from me.

JOHN DAYCOCK sworn.

I am son-in-law of Mr. Jacobs; my father-in-law came the Sunday before last, after he came from church, to my house; I saw a light between seven and night in his shop; I said to my mother there is a light in my father's shop; my father went down, and I followed him to the bottom of the house; we went and opened the door; Mr. Curry goes in, and found the prisoner; the light I found in the workshop up one pair of stairs.

Did the light change its situation? - When I first saw it, it was close to the window; a little time after, I saw a glimmering light, it seemed to me to be moving towards the stair-case, according to the appearance.

DANIEL JACOBS < no role > sworn.

I live at No. 9, Granby-row; I have three rooms in my house, kitchen, workshop and garret; when I returned home from church I went to my son-in-law's near five; I went in to put down my stick and hat; lock'd my door and went to my son-in-law's. In my workshop I had twenty-five yards of manteau, a blue shot with white, full twenty-one inches, and twenty-five made; every thing was secured ready for me to go to work; it was Mr. Fosset's property; my son-in-law saw the light; Peter Curry < no role > went and saw the door open; he secured the prisoner; I went, and the other young man, and helped to secure him; we examined, and found nobody there, but the work cut off, about two inches from the reed; I had not consented to it, it was all secure on the Saturday night when I left it.

Cross-Examination.

There was no other light, but the light upon the stairs?

ANN JACOBS < no role > sworn.

About six o'clock I went to shut my windows; we have but one below; I locked the door; my husband always bids me double lock it; I did that night, I am sure.

ELIZABETH HUGH < no role > sworn.

I keep a shop in James-street, Bethnal-green; in the evening the prisoner came to my shop, and bought a candle; about seven o'clock that evening I hear a noise, went out and saw they had got the prisoner.

MICHAEL FOSSET sworn.

I am a weaver; Jacobs works for me; this manteau silk was my property; the piece was to be made longer; I did not consent to its being cut.

PRISONER's DEFENCE.

I had been walking up Bethnal-green, about a quarter after seven, I happened to stop to make water between this and another house, one of the gentlemen came up with a poker and knocked me down, and said I had robbed the house.

GUILTY (on the first count) ( Death .)

Tried by the First Middlesex Jury, before Mr. Justice BULLER.