623. THOMAS COMPTON otherwise COLEMAN proceedingsdefend , and ANN his wife , otherwise called ANN COMPTON, otherwise COLEMAN proceedingsdefend spinster , were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Clarke proceedingsvictim , on the 28th of March last, about the hour of twelve in the night, and feloniously stealing therein, ninety-eight yards of printed cotton, value 12 l. ninety-eight yards of printed linen and cotton, value 11 l. forty-two yards of other printed linen, value 31 l. 10 s. two hundred thirteen yards of Irish linen, value 13 l. thirteen yards of diaper cloth, value 19 s. sixty-nine silk handkerchief, value 14 l. one cotton half handkerchief, value 15 d. forty-three cotton handkerchiefs, value 5 l. twenty-four linen handkerchief, value 3 l. fourteen yards of plain lawn, value 40 s. twenty-four pair of worsted stockings, value 40 s. sixty-nine yards of figured lawn, value 10 l. thirteen stuff petticoats, value 4 l. 17 s. sixteen pair of mens leather shoes, value 4 l. six pair of womens shoes, value 21 s. eighteen yards of flannel, value 1 l. 7 s. one hundred and thirty yards of silk ribbon, value 3 l. 5 s. thirty-four yards of black lace, value 4 l. ninety-eight yards of white thread lace, value 10 l. one hundred and twenty-eight yards of worsted gartering, value 16 s. and four pounds weight of worsted, value 8 s. the property of the said Joseph Clarke < no role > in his dwelling house .

(The witnesses examined apart at the request of the prisoners.)

JOSEPH CLARKE < no role > sworn.

I live in Green-street , Kentish Town, I am a surveyer or measurer, and carpenter , my wife carries on the business of a haberdasher, my house was broke open, in the night of the 28th of March, 'twas through a brick wall, and the things mentioned in the indictment taken out, I was not at home when the robbery was committed, my daughter and my wife were at home.

LUCY CLARKE < no role > sworn.

I am daughter to the last witness, I went to bed about eleven o'clock at night, the wall was safe, and every door in the house shut; I got up about six and went into my shop, and there was a hole broke through the wall, there were neither doors nor windows touched, but only a hole broke through the wall; there were a great quantity of things taken out, the hole was behind the door, the wall was a common thickness; I do not know the thickness, it was a brick wall, and the things were stolen that were in the indictment: these things now produced were taken in the woman's apartment, on the 5th of April fast, we had a letter by private information, that led us to the house, and there I found these things, there are all the things that we found, here are some with my mark on them, here is a silk handkerchief that Mrs. Compton concealed under the child's petticoat, and Mr. Macmanus took it out, I am sure these things that I produced my are father's, I and were in the house the 28th of March in the morning.

What was the value of the things you lost? - About one hundred pounds, here are shoes, and ribbons, and a piece of linen and lawn.

Jury. With respect to the handkerchief you found underneath the child, was there your mark upon it? - No, Sir, there was no mark upon it.

Whether you can positively swear to the handkerchief? - I do not say it was the same that was taken from our house, it was the same sort.

Court. Where abouts were the other things found? - In a drawer in this woman's apartment.

PARTRICK MACMANUS < no role > sworn.

I went to search the prisoner's lodgings, and found the things that are in these papers, I took the list myself, I carried the things to my house, I had them for about a fortnight, and Sir Sampson desired me to keep these papers, and give up the things, I told her to keep the things that were marked; I took Compton out of that place before for sheep stealing, and he was admitted an evidence here.

JAMES BAYLEY < no role > sworn.

I live in Sparrow's-rents, I wrote the letter, there had been an alarm of some goods, that had been brought into the house in Sparrow's-rents, I cannot tell who saw them, the prisoner lodged there then, and the woman with him; I remember Macmanus, and Mr. Clarke coming there, I cannot say, whether Coleman had been at home that morning, I heard on Wednesday the 2d of April, that Mr. Clarke had lost a number of goods, and I thought it might be the same.

Court. What did you see yourself? - Nothing.

Did the prisoner come back to his lodgings? - No.

HANNAH BAYLEY < no role > sworn.

I am the wife of the last witness, I know the prisoner, he lived in Sparrow's-rents I never saw them bring any thing in, I saw Mrs. Coleman bring a bundle out of Mrs. Marshall's house, about a yard in length, she did not lodge in that house.

Court. Do you know what was in the bundle? - No.

- WOOLLEY sworn.

I am landlord of this house in Sparrow's-rents, I let it to the woman, she paid the rent, they lived together.

Who had she the money of? - I believe one time she had the money of him.

JAMES DAWES < no role > sworn.

On the 28th of March, as I was coming to town about one o'clock, I met three men coming along just against the Newchapel, Kentish Town, about a furlong off.

Did you take any notice of em? - No otherwise then seeing them; I did not take any notice of their faces.

What had they with them? - They had all bundles.

Look at that man? - He may be the size very possibly with respect to height, but I did not look at the face, I had no thought of any thing of the kind not till the morning following.

PRISONER THOMAS COMPTON < no role > 's DEFENCE.

I have one witness to tell you how these things came into my room, but I beg of you to hear me first; I have a bad character they say, by my being a sheep stealer, I suffered the law for that, I hope, I am not to suffer every thing through that; I was in the country when this thing happened to my wife, my wife sent me word down that she was in goal by a man having left these things in my room, I never saw the things with my eyes, no ways in the world till I see them now, but my wife as she had made her bed, she must lay upon it; my wife can tell how she came by these things, I cannot; there is a girl that they took up to the Justice's eight times, and offered her money, if she would swear my life away, I asked a waggoner to stay up till my trial came on, and he said, if I could pay a man to go down with his waggon, he would stay, but we have not a farthing, and three small children in goal.

PRISONER ANN's DEFENCE.

I washed for a man named Samuel, and he asked me to make him a couple of shirts, I said I believe I can, I made one of the shirts according to promise, and he left a bundle, says he, here is a petticoat and some things that I have bought for my sister, who is distressed, and three small children, I wish you would bind up the petticoat, and make up the frocks, I bid him put down the things, accordingly I made the shirt, and of a Saturday they came and took the things away.

Macmanus. My Lord, this man that she speaks of never was seen again.

Prisoner Ann. I told the gentleman directly where this man lodged.

Court to Macmanus. Do you know when Thomas Compton < no role > was at home? - That morning his child came in, and I asked him if his daddy was at home, he said he was at the publick-house.

Mrs. Bayley. He was in the open court on the Saturday, when the things were found in his lodgings, I saw him myself.

Jury to Macmanus. Did you go to the publick-house? - I went, the landlord said he was just gone, having had six-penny worth of brandy and water.

Prisoner. Lord forgive you, I never drank six penny worth of brandy and water in my life.

THO. COMPTON, ANN COMPTON < no role > ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM.