361. WHEELER JOHN proceedingsdefend , JOSEPH GOODALL proceedingsdefend and THOMAS ROBINS proceedingsdefend were indicted, for burglariously and feloniously breaking and entering the dwelling house of William Mansell proceedingsvictim , on the 24th of February last, about the hour of eight in the night, and feloniously stealing therein, four earthen ware tea cups, value 2 d. three china cups, value 1 s. five china saucers, value 1 s. one earthen ware tea pot, value 1 s. two wine glasses, value 6 d. and one other glass, value 1 d. the property of the said William .

The witnesses examined apart at the request of the prisoner.

WILLIAM MANSELL < no role > sworn.

I live in Vincent's Court, Silver-street , No. 3, I have kept house there about half a year; the 24th of February the window was broke open, I was not at home, I lost a small globe glass mentioned in the indictment, the constable has it, I lost nothing else to my knowledge.

ANN MANSELL < no role > sworn.

I am wife of the last witness; on the 24th of February last, in the evening, about half past seven o'clock, I was up in my two pair of stairs room, it was quite dark, and having a lodger in the first floor, she heard a noise, and we both went into the kitchen, and found the sash up, and the shutter open; the kitchen is even with the ground; I fastened the window about half an hour before, the shutter I fastened with a couple of bolts.

Court. Was it dark at seven? - Quite dark; when we came down stairs, seeing the sash up, we went up again, and called out from the one pair of stairs for assistance, and one Thomas Hamilton < no role > came, and I went down with him, and found both the bolts were wrenched half way off, I did not see any violence done to the windows, and the things mentioned in the indictment were removed on the window-edge, and there was a little glass bottle that had been a preserver of oil, that my little boy had stuffed full of silks, pink and blue, taken away, the things were taken out of the cupboard close by the window-seat, in the window-edge; I lost nothing of value, only the little bottle with the silks, which was produced at Guildhall; I know nothing of the prisoners.

THOMAS ANDERSON < no role > sworn.

Court. What are you? - I am a taylor, I live in Addle-street, and have lived there years, I am a house keeper; on Tuesday night last, the 24th of February I went to my door, which is directly opposite this court; opposite my door I found three men, I watched about five minutes, there was a lamp directly over the court, at the entrance.

Court. Look at the prisoners, can you tell by that lamp light that the prisoners were the men? - Yes.

You speak to them all three? - Yes.

Be very sure, it is a matter that affects their lives. - Yes, I am very sure, I suppose I saw them half an hour in the court; they were walking backwards and forwards, and I saw Wheeler John cross the way, from the other two, and go into a green shop, he crossed again and came past me, and went round the corner into Wood-street, and he came back to the other two, who stood at the bottom of the court, and then he and Robins went up the court; Goodall waited at the bottom, and presently the other two came running down the court and joined him; and they all went to Addle-street together.

Is this court a confined court, or is it open at both ends? - It is a confined court; as soon as they got out of sight, I heard the cry of murder, and thieves! I went up the court, and saw the woman out of the window, who begged me to get in, for there were thieves in the house, I saw the windows were o pen, and the window sashes thrown back, the bolts wrenched off, only hung by a nail that one might turn it round with one's finger; the woman came down and let me in, I searched the house, and below there stood the china, and tea pot, and some things ready in the window, they stood one in the other.

Jury. What distance might you be when you was making these observations? - I do not know, two coaches can hardly pass the street one by the other; I went out afterwards, and at the bottom of Bartholomew Lane, the corner of Whalebone Court I saw the same three men again; there is a great light there, I heard no conversation, I watched them till a coach turned up the lane, then I lost sight of them, I then went up Throgmorton-street, and found them at the bottom of another court, I passed them, and had them apprehended, I heard them say nothing at any time; in the court where Goodall was taken, we found an iron crow, about two or three yards from him, I did not see it found; the first that was taken was Robins, he had a scuffle with the man that took him.

Prisoner Goodall. The crow was brought in a quarter of an hour after I was taken.

JOSEPH STREET < no role > sworn.

I am a soldier, I took Robins, and brought him into the Black Swan, Anderson came there and asked me to assist him, he pointed to Robins, and said he was the man; when the constable was searching him, I saw him drop something, I picked it up, and it was a bottle full of silk, they were left with the constable, but I do not know who took the other two, there was nothing found on them.

WILLIAM WILLIAMS < no role > sworn.

I took Goodall in White Lyon Court, Throgmorton-street, I brought him to the Black Swan, I found nothing on him; both the other prisoners were brought there, Street the soldier brought in one, there was found on one a glass bottle and some raw silk of various colours.

Upon which was it found? - At the feet of Robins.

Were the prisoners near to each other? - Yes, about a foot.

Then you cannot tell us from whom this glass bottle came; all that you know is, that in that room was found that bottle? - Yes, the constable has the bottle.

FREDRICK MILLAN sworn.

I am constable, I took charge of the prisoners, they said nothing particular, I searched them, and found nothing on them, but two clasp knives; I saw the glass bottle found, I did not see it dropped, it has been in my possession ever since.

(The bottle produced and deposed to.)

PRISONER WHEELER JOHN'S DEFENCE.

I stopped at the end of this court, and I was taken, I am innocent of the affair.

PRISONER GOODALL'S DEFENCE.

I happened to go up a wrong court, which was not a thoroughfare, and I was coming back, and was taken.

PRISONER ROBINS'S DEFENCE.

I was coming home, and running, I turned too sharp and my foot slipped, and the man took and struck me; I made no resistance.

Court to Anderson. Who took Wheeler John? - I did not see him taken, I saw him after, I mentioned it at the Swan.

ALL THREE NOT GUILTY .

Court to Prisoners. The Jury have leaned to the merciful side in a doubtful case; but if you are satisfied in your own minds, that you have been guilty, I hope you will take very great care how you get into such a situation in future.

Tried by the London Jury before Mr. ROSE.