296. RICHARD STEVENS proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of James Gameson proceedingsvictim , about the hour of seven in the night, on the 23d of February last, with intent the goods and chattles of the said James, in the said dwelling house, burglariously to steal .

ELIZABETH GAMESON < no role > sworn.

I went out of my house on Monday afternoon last, about four o'clock, and double locked my parlour door, I left nobody at home, I shut to the street door, which has a spring lock, I am quite sure that the lock of that street door catched, for I heard it catch, there is no other door to the house but the front door, the sashes were all shut and fastened, I returned about seven o'clock in the evening, and met my husband taking the prisoner to Whitechapel.

Mr. Keys, Prisoner's Council. You went out about four? - Yes.

Have you any lodgers? - Yes, they went with me.

How many lodgers have you? - Only one family.

Did all that family go with you? - Yes, all but the lodger's husband.

Where was he? - He was out.

How do you know that? - I am sure of it, he is an excise-man, and goes upon duty at certain hours.

Court. What room does your lodgers lodge in? - Up one pair of stairs.

Were you up in that room shortly before you went out? - Yes.

Was he there? - No.

Mr. Keys. You did not push against the door to know whether it was locked? - No, I heard it latch.

That is you heard a noise? - I know the noise of the staple of the door.

It might be the staple striking against the door? - By frequently shutting the door, I can tell partly when the lock catches.

Do you often pull that door after you? - Very often.

Sometimes you have been mistaken? - No, Sir, never to my knowledge.

Have the lodgers of the house a key to the street door? - Yes.

JAMES GAMESON < no role > sworn.

I went out after dinner to my duty, about a quarter before one o'clock, I left my wife at home, I returned at six, when I came home I knocked at the door, and waited sometime, I knocked again very hard, nobody answered me, then I went to the window, I knocked several times, then I went over the way to the public house, and had a pint of beer, and I smoaked a pipe, in about a quarter of an hour, a little before seven, I saw a light in the house through the glass that is over the door, I went over, and as soon as I knocked at the door, out rushed two men, I heard them open the door, I thought it was my wife, as soon as it was opened, out comes a man in a light coloured coat, and he said come along Jem; I was stagnated, and I looked at him, and said, you rascal, what do you want there; he made no answer, but immediately run away, I turned my head round, and saw another man coming out, and I catched at him, and catched hold of this bag, which he let go, and he run away, I called out, thieves! thieves! when I turned my head again, the other man was in dark coloured clothes, which I could not distinctly see; I pursued, I lost him, and some of my neighbours had picked up an iron crow by the time I returned, and they had taken the prisoner; one Robinson took him, who is here.

THOMAS ROBINSON < no role > sworn.

I was coming down Chamber's-street, and just as I got to Mr. Gameson's door, I heard him cry out several times, thieves! thieves! the prisoner came out of the door, and I followed him, and a man stopped him, and he fell down.

Did you see the prisoner come out of the door? - Yes, I did, another person came out with this man, and Mr. Gameson run after him, it was all in a moment's time, I followed this man, he was never out of my sight.

Mr. Keys. When Mr. Gameson called out thieves you was walking along? - I was just going to cross, the first thing I saw was the prosecutor at the door, I did not take any notice at all; next I saw a man come out in a light coat, and the other came out in a half a minute's time.

Prisoner. I have nothing to say, my witnesses are gone.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.