263. JOHN MEES proceedingsdefend was indicted for feloniously and burglariously breaking and entering the dwelling house of Richard Upton proceedingsvictim , at the hour of three in the night, on the 17th of April last, and feloniously stealing therein two china bowls, value 4 s. one linen table cloth, value 2 s. one china tea pot, value 1 s. six china tea cups and saucers, value 3 s. three china basons, value 2 s. one delf bason, value 3 d. two stone basons, value 4 d. one stone milk-pot, value 1 d. one glad salt holder, value 3 d. and four pewter spoons, value six-pence, the goods and chattles of the said Richard Upton < no role > .

RICHARD UPTON < no role > sworn.

I live the corner of Southampton-row, Lisson-Green, near Paddington , I am a publican ; on the 16th of April, at eleven at night, my house was made quite secure.

Who was last up? - My wife and servant.

Are they here? - No, my Lord.

Who fastened the door? - My servant, I did not get up before seven in the morning, we never discovered any thing of it till then; then I went out of the outside of the bar, and I saw the outer part of the grove cut away, which seemed to be cut with a knife; the right hand shutter must have been taken down, and the next shutter slipped, that he might come to the other sash, he broke the bottom square of the middle sliding sash; I saw it shut up about nine; I lost the things mentioned in the indictment, the bowls would hold about three pints a piece, the spoons were three tea spoons and one table spoon.

WILLIAM SMITH < no role > sworn.

I live at the corner of Theobald's-row, Red Lion-street, I am a tallow chandler, and I had been making candles, and they were put out to cool, on the 17th of April, between five and six in the morning, and seeing the prisoner at the bar coming from Holborn, as there had been a fire that morning in Turnstile, and I suspected he had stolen the things from the fire; the prisoner's stockings were very black with dirt; he went down King's-road and I followed him at a distance; he turned into Gray's-Inn-Lane, and I perceived he was going the way that he had come, which I thought very singular; when he come to the corner of Portpool-lane I stopped him; says I, my friend you have china here, how did you come by it; says he it is my own, I have brought from Paddington; I perceived he had some other things; I let him go, and watched him; another man came up, and we followed him into Bradshaw's-rents, he got into a yard, and was clapping the things down, says I my friend you live here do you, yes says he, a gentleman put up a window and said there is nobody lives there, and I collared the prisoner, and I found this knife, which is a butcher's knife, upon him; the china was tied up, flung in any how, so that it seemed to be a very large bulk, and he carried it before him, and it went rattle, rattle; I believe I may have broke some myself in carrying them backwards and forwards.

(The things deposed to.)

HENRY KILMISTER < no role > sworn.

As I was going to work in the morning I came up Portpool-lane, and Mr. Smith and some more people were talking to the prisoner, I looked hard at the man, and seeing his white stockings were very dirty, we thought it was with the fire at Holborn, the man was going down and was got some way Smith, it is very proper for there were pigs upon followed him to Bradshaw's-rents into the court where the prisoner was, we asked him what he was going to do with the things, he lived there he said.

Court. Had he put them down in any house? - No, in the open court, and a man that was looking out at a window said, no man lived there, it was an empty house; then we seized the prisoner and the goods; he made no resistance, he said he had the pigs from Paddington, and some of the goods were sent out of Hertfordshire.

Court. How far is Lissen-green from Theobald's-row? - About a mile and a half, or two miles.

How long would a man be walking there? - Being loaded he could not come very fast.

PRISONER's DEFENCE.

My Lord, I know nothing at all of the affair any further than this, as I told the gentlemen when they took me; I was going to the Rose, in Fleet-market, and I had the things at Mary-le-bone Turnpike, I was hired as a porter to carry them, I in Portpool-lane, at Bradshaw's-rents a basket maker lived; it is I should commit this robbed this says against me, because Clerkenwell but that very day, I have sent for Mr. Fletcher, he says I am very done by.

Court to Jury. Gentlemen, this is a capital offence, now you know extremely well, a burglary must be committed in the night time, it is possible that there was time to have taken these things very early in the morning while it was light, as I believe the sun rises before five in the morning; as to the taking of the goods, they were found upon him, but as for the burglary, I own, I think it is going too far to say he was guilty of that, because he might have taken them in the morning.

GUILTY. Of stealing, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice NARES.