193. EDWARD MUSLIN proceedingsdefend was indicted for feloniously stealing, on the 25th of December last, two pieces of Irish linen cloth, value 40 s. eight silver tea spoons, value 16 s. one silver table spoon, value 8 s. one silver cream jug, value 20 s. two linen shirts, value 10 s. one pair of silver tea tongs, value 12 s. two silver salt spoons, value 2 s. fourteen pieces of gold coin of this realm, called guineas, value 14 l. 14 s. and one pair of plated shoe buckles, value 1 s. the goods, chattles and monies of John Ward proceedingsvictim , in his dwelling house .

JOHN WARD < no role > sworn.

On Christmas-day last I left my house in the care of my apprentice William Bayley < no role > , a boy about sixteen; I went out about one o'clock, I dined out; I returned about ten at night, and he told me the house had been robbed, and I missed the things specified in the indictment; the plate was in my chamber locked up, the linen was in the room below locked in a chest of drawers, and fourteen guineas were in the same drawer.

Court. Did you lock the room when you went out, or was it open? - The room and drawers were locked, I had the keys in my pocket, and when I returned I found the room door and the drawers broke open: I have never found any of the things.

Court. Was it upon the information of the boy or what else, that the prisoner was taken? - On the boy's information.

WILLIAM BAYLEY < no role > sworn.

I was left to take care of this house, I was standing at the door between five and six on Christmas-day, the door was open, and two men came up to me, and asked me if Molly Homewood < no role > was at home.

Court. Was there any such person lived in your master's house? - She had been a servant, but is gone away.

Did she live there then? - Yes, I told them she was not at home, they said, they had a bundle for her that came from her brother at Portsmouth, and said, they must have the handkerchief again; they came in and said, they would wait while I undid it; the prisoner at the bar was one of the men, and he said to the other, will you go up, or shall I go up? the prisoner said, he would go up, and he did go up; in about five minutes after he was gone up, the other put me into the coal hole, and when he came down stairs the other asked him, whether he had found the handkerchief, and when I thought they were both gone out, I got out of the coal hole.

What answer was made to the question, whether he had got the handkerchief? - Yes.

Were the men gone when you came out of the coal hole? - Yes.

Did you go up stairs to see what they had been doing? - No, I went to the door, and I saw a neighbour's maid, and acquainted her that my master had been robbed; I did not go up till my master came home.

How came that? - I was afraid, I sat by the fire.

What was you afraid of? - I did not know what to do.

I should have thought you would have been most afraid to have staid in the house by yourself after what had happened? - I was afraid.

Who was this maid servant that you told of it? - The next door but one, she told her master, and the master came in, and asked me whether we had been robbed, I told him there had been two men, he asked me where master was, and I told him.

Did he go up to see whether your master had been robbed or no? - No.

Did not you ask them when they were in the house with you to go up and look? - No.

Did this neighbour go away again? - Yes, Sir, he went away directly, and I sat by myself till ten o'clock.

Who was this young woman the servant, this Molly Homewood < no role > ? - She had lived with my master about eleven months, I have lived there three years and an half.

What age are you? - I am sixteen.

When did she go out? - About five or ten minutes after my master, she came home about half after ten at night.

What became of her afterwards? - She kept at home.

Was she examined at all about this? - My master thought her companions had robbed the house, she was not examined, she went away next day; my master turned her away.

Did your master question you when he came home, with respect to what had passed? - Yes, and I told him two men had been in the house.

And did not he ask you whether you knew what they had taken, or where they had gone, or any thing of it? - No.

Did you ever see the prisoner at the bar before? - No.

It was between five and six in the afternoon? - Yes.

It was after dark? - Yes.

Had you any candle lighted in the house? Yes.

Where was that candle? - Standing on the table in the kitchen, the street door goes from the kitchen.

Does the kitchen open directly into the street? - There is no passage to the kitchen but through the shop, the men came into the kitchen through the shop.

They did not stop, nor attempt to take any thing in the shop? - No.

What trade is your master? - A hair dresser.

Had they a bundle in their hand? - Yes.

How long did they stay in the kitchen before they talked about going up stairs? - Two or three minutes.

Did they look about in the kitchen? - Yes, Sir, they did, but they did not take any thing in my sight, and in about two or three minutes the prisoner went up stairs, and the other man put me into the coal hole; then in about five minutes the other man asked me where the keys were; he buttoned the coal hole door and put a gimblet in.

How did you get out? - There is a drawer that shuts in it, I pushed that out and got out that way.

During the time that these men were in the kitchen, had you opportunity of observing their faces sufficiently to know them again? - Yes, Sir.

You was very much frightened? - But I knew them again, I looked at them very hard.

How long after was it when you saw the prisoner? - I do not rightly recollect.

How many days? - It was not long.

Was it one or two or three weeks? - Three weeks or somewhere thereabouts.

How came he to be taken up? - Some woman brought my master an account.

Had you given any description of the persons that were in the house? - Yes.

To whom? - To Mr. Wilmot < no role > the Justice.

When did you first hear that this man was taken up? - I do not rightly recollect the time, I went with the constable and saw him, he was standing by the fire.

How many people were with him? - Two others.

What was said to you when you first went in? - Nothing.

Did not the constable desire you to look at the man, and see whether it was the man or no? - Yes, Sir, and I said, it was the man.

You knew him then as soon as you was desired to look at him? - Yes.

Should you have known him if you had met him any where else? - Yes.

Are you sure and positive that is the man? - Yes.

Was he dressed in the same clothes he had on when he robbed the house? - Yes.

Are they the same he has on now? - No.

Court. When was this man committed? The 4th of February.

Why the 4th of February is above six weeks after the robbery was committed; could you observe this man at the distance of six weeks, when you had never seen him before? - Yes.

Court to Ward. Do relate to us now what was the first account of your boy? - As soon as I came home, he said two men had come into my house, one went up stairs, and the other put him into the coal hole; he said, he should know the men again, and that they came in with a pretended bundle for the maid; he said, he was not so much frightened then as he was after; he said, the person that went up stairs was thin, rather shortish, his own hair hanging loose about his neck, and a loose great coat on; (now I perceive his hair is altered) he said the men came between five and six in the evening; I asked him his reason for not alarming the neighbourhood, he said, he shut up the house for fear any body should come again, he shut the door and sat by the fire after he had told the woman.

Did he tell you any thing about a neighbour having come in? - No, he said, he spoke to the servant, and that gentleman had come to the door, and asked him what was the matter, and he told him.

SAMUEL HARPER < no role > sworn.

I am one of the officers of Shoreditch parish, the prosecutor came to Mr. Wilmot's office, he asked me for Yardley, and we went to the house where the prisoner was, and the boy pitched upon him directly; Yardley went up stairs to see for the others, and then the prisoner and his brother laid down their pipes to engage with me, he tried two or three times to dart right through the windows, and if he had he would have broke his neck; I took these picklocks out of his pocket (two picklocks produced.)

Who pointed him out to the boy! - Nobody, the boy pointed him out himself, he looked about and pointed to him directly.

Did you bid him look about, or did you bid him look round to see if that was the man? - I desired him to look round the room, he looked and said that was the person.

PRISONER's DEFENCE.

When these men first apprehended me, they said, this is him; before the boy came they had persuaded the boy to swear to me for the sake of the reward; I did expect a friend here, but I did not know that my trial would come on; I am a weaver by trade.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.