659. THOMAS HUFFNELL proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of Sir Joseph Banks proceedingsvictim , Baronet , on the 14th of October instant, at the hour of twelve in the night, and feloniously stealing half a bushel of potatoes, value 12 d. one iron pick-axe, with a wooden handle, value 12 d. one iron spade, with a wooden handle, value 12 d. and one iron shovel, with a wooden handle, value 2 s. the goods and chattles of the said Sir Joseph .

JOHN SMITH < no role > sworn.

Sir Joseph Banks < no role > 's house was broke open at Smallberry Green , in the parish of Hesson, on Monday morning, the 14th instant; it was an empty house; it was the outhouse that was broke open behind the barn, adjoining to the barn; the dwelling house is on one side, and the stable and barn on the other side, joined by a brick wall.

Court. Are they under the same roof, or do they adjoin otherwise than by a wall? - No, there is a yard between them; there is a pair of great gates at each end of the yard, and the yard is between this place and the dwelling-house; the door had been nailed up, I saw it two or three days before it was broke open.

Do you know what was taken out of it? - Only half a bushel of potatoes out of that place, there were a shovel, spade and a pick axe were laid out of the door.

WILLIAM STEPHENS < no role > sworn.

I am servant to Sir Joseph Banks < no role > ; last Monday night about twelve o'clock, I heard a great lumbering in the stable, I went up to the door, and it was wide open, it was shut in the evening, and was latched, not locked; I stopped there a minute or two, I heard nothing; I shut the door, and the window was broke by a person attempting to get out, and presently the prisoner looked through the window; but when I went to the window he drew back and came out at the door, I took him in the yard against the house: I found nothing on him.

Court. Do you know any thing about the shed that adjoins to the barn, was that open? - That was broke open, I nailed it up myself; and there was about half a bushel of potatoes put into a bag, they were not carried off, they were laid on the outside of the door: after I had taken the prisoner and put him into a house, I saw a shovel, and pick-axe, and spade laying at the door, they used to lay behind the door; the prisoner said, he only got into the stable for a lodging; I asked him whether he broke open the door, he did not deny it, but said, he got in for a night's lodging.

Jury. Did this man work for your master? - Last summer in hay-making, I know no more of him than that.

Jury. Did he lay in the house, or any whereabout the house when he made the hay? - No, he lives about two fathom off, at Smallberry-Green.

JOHN WITHERSPOON < no role > sworn.

Court. Did you go with the last witness, Stephens? - Yes.

Is the account he has given, true? - Yes.

PRISONER's DEFENCE.

I had been from home five weeks, the parish officers wanted to press me, they said I had been at sea, which is false; I have no witnesses; they knocked me down as I was passing by; I have a wife and four children, I am thirty years of age.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.