164. JOHN WHITE proceedingsdefend was indicted for feloniously and burglariously breaking and entering the dwelling house of Andrew Snoxwell proceedingsvictim , on the 3d of January last, about the hour of four in the night, and feloniously stealing therein three silk gowns, value 50 s. one yellow silk gown, value 20 s. two silk petticoats, value 40 s. two stuff petticoats, value 20 s. one dimity petticoat, value 5 s. one pair of stays, value 20 s. one linen counterpane, value 10 s. one linen table cloth, value 5 s. the goods of Jane Lock proceedingsvictim , widow ; and a cotton gown, value 4 s. a muslin shawl, value 4 s. and a pair of cotton stockings, value 1 s. the goods of Ann Lock proceedingsvictim , spinster .

JANE LOCK < no role > sworn.

I sell fruit opposite St. Andrew's Church, I live in Field-lane now, I lived in Brewer's-yard, in Chick-lane four weeks ago; the man that keeps the publick house, and rented it, his name is Snoxwell, I paid the last rent to him.

Court. How long had you paid rent to him? - Since last Michaelmas. I and another woman had a lodging there.

Who had the rest of the house? - Snoxwell let it to a man that kept stables.

Snoxwell rented this house with the publick house? - Yes.

Did he live in the publick house? - Yes.

Did he let out all the rest of the house? - Yes.

Snoxwell had no part of the house to himself? - No.

Then there is an end of the burglary: what did you lose? - When I came down in the morning, the 23d of January, to go to my business, I locked and padlocked my door, and the padlock was taken away; in the evening a boy came to me, and told me my door was open; I went, and another woman followed me, seeing the place broke open, I could not speak: I lost the things mentioned in the indictment; I saw the things in the morning.

Have you had any of the things since? - Only a pair of stockings, which the constable Seasons has.

- SEASONS sworn.

I am a constable of Clerkenwell; I apprehended the prisoner, I found these stockings on him; I had an information on the 23d, and the people described him to me, I know him well; I told them the likeliest place to see him was in Long-lane, at the Sun and Punch Bowl; I found nothing else upon him, tending to this property.

(The stockings deposed to by Ann Lock < no role > .)

SARAH SPRIGWELL < no role > sworn.

I was washing, and I saw Mr. Davis come round several times, peeping round the corner, and then afterwards the prisoner came out with a bag on his shoulders, it seemed to be very full indeed, I do not know what was in it.

ELIZABETH HUSSEY < no role > sworn.

I was standing at my own door, the prisoner went by with the sack on his shoulder's he came out from Brewer's-yard, I could not see what house he came from, and I saw William Davis < no role > following him.

THOMAS GREENFIELD < no role > sworn.

I saw the prisoner carrying a sack, and the other following him.

Court. Was the prisoner one of them? - Yes, he had the sack.

PRISONER's DEFENCE.

My Lord, I belonged to the Earl of Oxford at Gravesend, and coming from Gravesend to get some employment, along Rosemary-lane, there was a parcel of cast cloaths women, and I bought these stockings for seven pence halfpenny; I got in liquor, and two or three girls met me, and stole my jacket and trowsers; I was taken up for this affair, I have no witnesses.

Court to Jury. We have been deliberating, whether the prisoner could be convicted of a capital offence, though not of burglary; but I think the same answer will hold to this part of the charge, because it is essential in an indictment to state whose house it is; and upon this evidence it is not proved, that the prisoner has stole any thing out of the dwelling house of Andrew Snoxwell < no role > ; therefore the prisoner may be acquitted of stealing the goods in a dwelling house, as well as of the burglary, and found guilty of stealing only.

GUILTY Of stealing, but not in the dwelling house, nor of breaking and entering the dwelling house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice BULLER.