288. WILLIAM HUBBARD proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of William Beresford proceedingsvictim , between the hour of five and six in the night of the 20th of January last, and feloniously stealing therein 14 yards and a quarter of printed velveret, value 3 l. the property of the said William .

The Witnesses examined apart at the request of the prisoner.

WILLIAM BERESFORD < no role > sworn.

I am a woollen-draper and man's-mercer , the corner of White-hart-yard, Drury-lane , No. 82, on the 20th of January last, very near six o'clock, it being then dark, the candles were lighted, I was in the parlour shaving myself, I heard a report against the shop window as if something had struck the glass, that alarmed me, and in about five minutes I heard the same report, the parlour door was open that fronts the shop, I went into the shop, I thought the shop was beset, and I took another candle and placed it in the shop, to deter any person from making an attempt; my servant returned soon after, in about five minutes, and I desired him to shut in the shop or else I should be robbed; there was no person in the shop, I found nothing amiss then; he began shutting the shop, and I went into the parlour to finish my shaving, I had not been there above a minute, before I heard a pane of glass break, and fall into the street, I immediately ran into the street, I saw a pane of glass was broke, and a piece of spotted velveret taken out, I immediately cried out Stop thief! and my servant took the prisoner, and put him into a house about four doors above mine, I went up and identified the velveret, and charged the constable with him.

JOHN BERESFORD < no role > sworn.

On the evening of the 20th of January, I was sent out, when I returned, my master desired me to shut the shop, in putting the last shutter but one, on the White-hart-yard side, I observed the prisoner and another man at the corner, he instantly left his companion and went to the place, I looked after him, and saw him break the window, and put in his hand, and take a piece of velveret, I pursued him, and took him with the piece of velveret under his arm, he had the velveret when I took him.

Prisoner. In what manner did I break the window? - By a smoke of his hand.

Prosecutor. It appeared by the breaking of the glass if there was some instrument made use of.

PRISONER's DEFENCE.

I was walking through White-hart-yard, and going round the corner, somebody was shutting up the shop, I kicked against something, and picked up, and much such a thing as that, I took it up, and put it under my arm, that gentleman came and laid hold of me, and gave me a pull and threw the property from under my arm into the gutter; I said, I was willing to go with him, says I, I found this property just now, he took me, I never offered to make any resistance at all; I have no witnesses.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury, before Mr. RECORDER.