188. The said THOMAS WELCH proceedingsdefend was again indicted for feloniously and burglariously breaking and entering the dwelling house of William Budworth proceedingsvictim , on the 19th day of December last, at the hour of one in the night, and feloniously stealing therein, two linen gowns, value 10 s. a cotton bed-gown, value 2 s. two linen aprons, value 4 s. one linen shift, value 1 s. two damask napkins, value 4 s. and one leather pocket-book, value 3 d. his property .

WILLIAM BUDWORTH < no role > sworn.

I live in the Parish of South Mimms , my house was broke open between the night of the 17th and the morning of the 18th, the door where it was broke in is not usually opened.

Mr. Garrow, Council for Prosecution. Had you lately before the robbery seen that door was shut? - It was a pannel broke out of the door, it is a side door that goes into a passage, a door we do not use.

Was you alarmed at all in the course of that night? - Yes, about one a servant man called from the room adjoining where I lay, and told me there were people breaking into the house, I got up directly, we went into the maid-servant's door, and as soon as I entered in at that door, they had just forced another door of the same room, and were coming in.

Did you go into the room? - Yes.

What did you observe when you went into the room? - The people that were in the house heard me.

Did you see any of the people? - No, there was no light, I heard somebody say we will blow your brains out, immediately two pistols were discharged, either in the room, or in the door-way, we found a slug in the room, it went just over the door that I came in at.

With a direction to have hit you then? - Yes.

Did you afterwards see any of the persons go out? - I saw one go out as soon as they fired off the pistols, we immediately made back into another room and hallooed out of the window, and then I saw a man go away in front of the house, the door they came in at; I could not see him come out of the house, but I saw him walk from the front door.

Did you lose any thing? - Yes, Sir, there were some things taken out of the house, but they left a great deal behind them.

From what part of the house were the things taken? - From the parlours, I am not sure of any of the things, I have seen some of the things, my wife knows them.

Do you know any thing of a pocket book? - Yes, I saw it at Bow-Street, it was my mother's, she had such a one, I cannot swear to it, there was a buckle found in the room, and it was produced at the Justice's in Bow-Street, I left it on the table, I should know it again, I think the prisoner was present then, he said he know nothing about the matter, the evidence owned the buckle.

Prisoner. Do you know my face? - No, only I saw you at Bow-street.

JONATHAN MATTHEWS < no role > sworn.

I am a pawnbroker, I have three articles that were pledged by Mary Boyne < no role > on the 18th of December, she had duplicates of them, I have known her some time, she always pledged her things in the name of Mary Boyne < no role > ; here are two gowns and a cotton bedgown, a napkin and shifts, and two aprons.

DOROTHY BUDWORTH < no role > sworn.

(Deposes to the things.)

WILLIAM SMITH < no role > sworn.

I am an officer in the Borough; I apprehended the prisoner, he was in bed alone, and a woman in the room, that was Mary Boyne < no role > ; it was between nine and ten at night, the 30th of last month: I found these pistols in the second drawer of the chest of drawers; I found nothing else, but a man that was with us, I saw him take a fan out, I did not tell the prisoner what he was wanted for, I told him, for divers robberies.

What did he say to you when you took him? - He did not say any thing at all about how mid

Did he say any thing about these pistole? - Nothing.

WILLIAM LEE < no role > sworn.

I live in the Borough; I attend the Rotation Office; I was with Smith when he apprehended the prisoner, I found nothing, I saw Smith and the pistols, I told the prisoner he was taken up for divers highway robberies.

JOHN PARKER sworn.

I am an officer, I was not with the other witnesses when they took the prisoner, I took Carey the evidence

MARY BOYNE < no role > sworn.

Mr. Garraw. How long have been acquainted with the prisoner Welch About < no role > tow years and an self

Did you pawn any gowns with Mr. Mathews? - Yes, I carried them when they were delivered to me, to Mr. Mathews.

Who delivered them to you? - Thomas Carey < no role > , he asked me to pawn them, the prisoner and Carey were together I pawned them for twelve shillings and six-pence, and brought home the money.

Did the prisoner then, or at any other time, say any thing to you on the subject of these gowns? - No.

Who did you give the money to? - I am sure I gave all the money to Welch.

He and Carey were pretty much together? - Yes.

The prisoner and you lived in the same apartment? - He had a room in a house of mine. mine.

Was he out all night on the 17th or 18th of December? - I cannot tell.

Upon your oath, do you, or do you not know any thing about his going into the country with Carey about the middle of December; do you remember his being out one or two nights? - About ten days before Christmas he w as out all one night.

Did not Carey come home with him and bring these thing? - Carey brought same these bundles and gave the things to me to carry to Mathews's to pawn; Welch was present then.

Do you know any thing of any pistols belonging to Welch? - I have seen a silver mounted pistol with Welch, but did not see him carry loaded pistols.

THOMAS CAREY < no role > sworn.

The night that this was done Welch told me to come to his room, where Mary Boyne < no role > lives, it was about seven o'clock the evening before the robbery; he asked me if I would go out.

Go out, upon what business? - Why to get some money.

In what way? - Why by robbing; he said he did not know the roads, and while the best stakes were dressing he would go over to Richard Smith < no role > who is at large, and he went and brought him over with him, and we loaded our pistols, each a pistol at Welch's room; we left town about seven o'clock and we went out beyond Barnet.

What did you load your pistols with? - Powder and some slugs.

Where did you find them? - We cut a spoon to pieces in the room, we bought the powder that evening, Mary Boyne < no role > was present, we left town a little before seven o'clock, we loaded before supper, we eat our suppers and came off, because he said it would be late; we went over Finchley Common and went through Barnet; we turned to the right hand over a small common, then we turned to the left hand and got into a bye lane, it was between twelve and one o'clock, we could see no one; we came to a large house with an iron guide, we bursted open the gate and went in, we came out again, and went a little farther to the prosecutor's house, there we went in and broke the back door open, the bottom part of it, we set our feet against it and forced the bottom of the door, we got in and unbarred the sore door; then we all came in and opened the door; we took the glass and put it out in the garden, then Welch went up stairs and he called Smith or me then we bursted open a door where the people were asleep, and I fell down and lost my buckle; I sent into the room and there was a man noting a noise.

What sort of noise? - Why crying one murder and robbery there was a pistol let off at him, that was from smith not the prisoner fired at him as from he went into the room; then we went down stairs, and they run away one at the fore door and the other at the back part of the hedge, I went out at the fore door, and the other two went over the hedge; they took away a small bundle tied up in a handkerchief; Welch took those things away, we lost Smith, then Welch and me crossed over the fields, I and came home directly to Welsh's lodgings, I laid down the bundle, and Mrs. Boyne took the best of the things and brought fourteen shillings, and she brought some beef stakes; Smith came in, and they did not give me my share till I was going away, my pistol was still loaded, I was apprehended about three weeks after, I informed against the prisoner, he was taken and committed.

Court. Which of the pistols was Welch's? - The silver mounted one.

PRISONER's DEFENCE.

I know nothing about this matter.

Court. Let Harding be detained till the fate of this prisoner is known.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.