734. JOHN LAWLER proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Edward White proceedingsvictim , about the hour of seven in the night, on the first day of October last, and feloniously stealing therein four cotton bed curtains, value 30 s. two linen shirts, value 3 s. one pair of corderoy breeches, value 2 s. one muslin handkerchief, value 2 s. one cambrick handkerchief, value 3 s. one silk handkerchief, value 4 s. two linen shirts, value 4 s. three pain of cotton stockings, value 8 s. one pair of silk stockings, value 1 s. one pair of sheets, value 10 s. one cotton counterpane, value 10 s. three linen handkerchiefs, value 2 s. two cotton bedgowns, value 3 s. one cotton nightcap, value 6 d. three linen nightcaps, value 1 s. three check aprons, value 2 s. one wooden trunk covered with calf-skin, value 1 s. six pair of stockings, value 1 s. six pair of silk stockings, value 10 s. two pair of linen drawers, value 3 s. one linen waistcoat, value 2 s. one pair of blankets, value 10 s. two linen pillow cases, value 6 d. and two silver teaspoons, value 1 s. the property of John Story proceedingsvictim .

JUDITH STORY < no role > sworn.

I live in Bear-street, Leicester-fields , I have part of the house that is the dwelling house of Edward White < no role > , my husband is a hair-dresser and perfumer , I lost the things mentioned in the indictment on the first of October, the door was broke open, it was double locked, I went out about half past three.

Does that door lead only into your house or into White's? - There is a street-door, this is my room door that was broke open, the street-door was on the latch, I returned between six and seven, I borrowed a candle from below, and went immediately up to my room, and I put the key in the door to try to unlock it, I found the key did not turn, and I went down stairs, and as I was going down stairs, the prisoner at the bar opened the door and looked over me, and he struck at the candle which I had in my hand, I ran down stairs, perceiving that there were more than one man in the room, and called murder and fire, the prisoner ran after me and knocked me down with his double fist on the crown of my head, and stepped over me, I am very positive to the prisoner, because I had the candle, I got up and was in the street very near as soon as him, and called stop thief, by which means this man was taken, another man came down and called stop thief, and he escaped, I did not find my leg hurt then.

Did you see the prisoner taken? - No, they brought him back, and asked me if I knew him, I said that was the man that opened the door and looked at me, he was taken in Sydney's alley, about two of three hundred yards off, the prisoner was taken before Justice Welch and committed, I went up stairs immediately, and found the room in the greatest confusion, the bed curtains torn down and laid on the floor, all my dirty linen was in a foul clothes basket in the closet, and they were removed from that place.

Was the trunk removed from the place where it was left? - Yes.

Where were the tea-spoons? - The teaspoons were on a tea-board in the closet, they had reached out the tea-board and taken the spoons, and knocked down the china, and broke it, the teaspoons were taken from the room and when the prisoner was brought back, they were conveyed on the table, one bundle of the things they dropped in the passage, they were all in the house when I went away, every thing in its place, and they were all removed out of the place, if I had brought them all I must have had a cart, they had cut a bit of wood out of each drawer to try to open it.

MARY WHITE < no role > sworn.

My husband keeps the house, it is a double house, the prosecutor has a part of it.

How was your outward door about seven? - It is a very good door, but I cannot say whether it was upon the latch or no.

Does it stand open? - It is most commonly latched, I had been out about ten minutes, I went out at my shop-door, not at the street-door, and I cannot tell whether the door was latched or no, I heard the cry of murder and thieves, and a mob was gathering, and this woman was crying out, I ran up stairs and found her apartments open in the most distressed manner; the first thing I saw was a bundle in a dirty coloured apron, I did not see the prisoner till after he was brought back, and when he was brought back, the prosecutrix said, that is the person, I will swear to him; he knocked me down.

Court to Mrs. White. Did you see the bundle opened? - Yes, there were many valuable things, the counterpane was worth a couple of guineas at least.

WILLIAM BAYLEY < no role > sworn.

I was coming along the street, and I heard the alarm of stop thief, I went into Rider Court, and there was a young woman that was in the court, and the prisoner was running very fast, and he knocked this young woman down to make his escape, the prisoner is the man that was running, he was brought back to Mr. Whites, Mrs. Storey said, she was sure she should know the person, and when she saw him she swore positively to him, he was taken to the Justice and committed.

- MOLLOY sworn.

I was going along Cranbourn Alley, and heard the alarm of stop thief, I saw the prisoner run by me, I made a blow at him and missed him, he came from Bear-street, where the prosecutor lives, that is about fifty yards off, the prisoner run up Rider Court, there was a young woman coming out of a shop, he knocked her down and fell over her, I pursued him and took him, I laid hold of him round the arms, and as he could not make a blow at me, he kicked me; then Mr. Bayley came up to my assistance, I went back with him to Mr. White's, Mrs. White came after him.

Did you see Mr. Storey? - She said, as soon as ever she looked at him, that was the man.

Court to Prosecutrix. Was you hurt? - Yes my ancle was sprained, and as big as my body.

Prisoner to the Prosecutrix. Did not you swear at the Justice's that I was not the man that struck you, but that it was the other man? - I say positively it was you that struck me.

WILLIAM SMITH < no role > sworn.

As I was going along Bear-street about seven in the evening, I heard something as though a window had been broke.

Court. Was it dark? - It was dark.

The Remainder of this Trial in the next Part, which will be published in a few Days.

Trials at Law, Arguments of Counsel, &c. carefully taken in Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

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The Trial of LIEUTENANT COLONEL COCKBURNE, at the Horse Guards, for the loss of St. Eustatius, Price 3 s. published from Mr. Hodgson's Short Hand Notes.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 29th of OCTOBER, 1783, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

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THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of John Lawler < no role > .

Could you distinguish people's faces? - I will not be sure, I heard stop thief cried, being on the same side of the way as the robbery was committed, I turned back, I saw the prisoner between where I was and the house that was robbed, which was about four doors, I did not see him come out of the house, but within four doors of the house, he was running, he passed me, and I hearing stop thief cried the second time, made after him, knowing him to be the man, because there was nobody else between the house and me, and stop thief was cried from that house, I pursued him, he turned round into Cranbourn-alley, he was not out of my sight till he fell down.

Did you see him fall down? - I cannot swear that I saw him fall, but in the fall I lost him, which was just at the turning, the mob was to thick that I could not come to take him, I came up to him directly as he got up.

Court. You did not lose sight of him, long enough for any other person to have come in his place? - No.

You are sure of that? - I am positive of that.

Did you know him again when you saw him get up? - I know him to be the man that I pursued.

Is that the man? - That is the man, I took him by the arm, I did not loose him till I gave him into the hands of the man that belonged to the house, Mr. White.

Was it light enough when he came by for you to distinguish the face? - Yes, as he came past the publick house door I saw him by the lamp, and the light of the place.

Then it was not light enough for you to distinguish without the help of the lamp? - No.

PRISONER's DEFENCE.

I am a child's shoemaker, I had six pair of children's shoes bespoke at Cranbourn-alley, I had carried them home and got the money, I was going to the leather cutter's in Cranbourn-alley to buy some leather, there was a great noise and cry of stop thief, and a man laid hold of me, I strove to keep him off, he said I was a thief, I know no more of it than the child unborn, I never was at the house.

Court to Prosecutrix. Is this the account he gave before the Justice? - No, my Lord, not a word of it.

Court to Bayley. You have heard what he says now, was it what he said before the Justice? - No, it was not.

GUILTY , Death .

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