943. WILLIAM EDWARDS , otherwise GEORGE proceedingsdefend , was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Clarke proceedingsvictim , on the 29th of September last, about the hour of three in the night, and feloniously stealing therein, one iron tobacco-box, value 2 d. one stone shoe buckle, value 6 d. one knee buckle, value 4 d. a shirt buckle, value 2 d. a hat buckle, value 1 d. one shilling, one silver two-pence, and one silver penny, the property of the said Henry .

HENRY CLARKE < no role > sworn.

I am a labouring man , a housekeeper; I live at Kensington Gravel-pits : I awaked in the morning of the 29th of September about three o'clock, and I saw the sash up; my wife and two children were out, I had two children in bed with me; I saw the prisoner in the house, by the end of the dresser next the window, looking at something by the light of the window, and he put something into his pocket; I seized him, and he threw himself out and me after him, I got up, and called out, and John Street came to my assistance, who lives under one roof with me, but in another house; we secured the prisoner, and sent for a constable: the prisoner delivered me my tobacco box, in which were three silver buckles, and a buckle that was not silver, and a shilling, a silver penny, and two-pence; I know the things, they belong to me.

How had the prisoner got into your house? - He lifted up the sash; when I awaked, the sash was up, and he in the house.

Was the sash down at night? - Yes.

Was there any fastening? - No fastening, but the sash was down in its place, and a curtain before it in the inside, the curtain was drawn almost back.

Are you sure the sash was down the night before? - I am sure it was, for I had only two children at home with me, and they were in bed, I was the last up.

Prisoner. Whether the sash was up when I went to the place, or whether it was down? - I am sure the sash was down and the curtain before it, for I did it myself.

Court. Was you sober when you went to bed? - Yes, I came home from my labour from threshing, and I generally go to bed about eight.

JOHN STREET < no role > sworn.

I live under one roof with the last witness; I was asleep in bed, there is a parting between the two tenements, and a little boy hallooed out, for God's sake, Mr. Street, get up, my daddy will be killed; I went into the yard, and saw the prosecutor and this good man struggling, I went to his assistance, and caught hold of the man, and never let him go till the constable came; the prosecutor said, I saw you take something and look at it by the light of the window, what was it; he said, damn you, what was it; Clarke said, I do not know; he said damn your blood, what was it, nothing but a tobacco-box, and he resigned it to him himself.

Did you observe the window of Clarke's house? - When I went into the yard it was up.

RICHARD DENNIS < no role > sworn.

I am a constable, I produce these things; I was called up out of bed a little after three, to take charge of the prisoner, and I took from the prosecutor this box.

Court. What time was you called in? - About a quarter past three.

What sort of morning was it? - It was about light, I believe it did not rain.

How was the moon at that time? - I cannot tell, it was very little, I think there was a moon, I am not positive.

PRISONER's DEFENCE.

I am sometimes afflicted with lunacy, I have been so for a series of years, and when I get a drop of liquor, I have no recollection of any thing that I do; it was at that unfortunate time that I committed this rash act, I thought the house was uninhabited, it had the appearance of one; when I took this box up, I thought it was a box containing of tobacco, and I never opened it till after it was delivered to that man; I have been in Bethlem, and at St. Luke's, and in private mad-houses, and all will not do; it comes at intervals upon me, like the flux and reflux of the tide; I subpoened Mr. Gosner, the apothecary of Bethlem Hospital, and one Johnson of the Bolt and Ton, in Fleet-street, and Mr. Coleman, the surgeon, that lives below Exeter-change, and Mr. Thwaites.

- GOSNER sworn.

I am an apothecary at Bethlem-hospital, I know the prisoner well, about six or seven years ago he was sent to Bethlem by the Commissioners of sick and hurt seamen, as insane, and was in a state of insanity for some time, but got well; he was there to the best of my recollection seven or eight months.

Have you known any thing of him since that time? - About two months since he called upon me, and appeared in great distress, in a sailor's jacket.

What did you judge of his condition of mind about that time? - I had about ten minutes conversation with him, he appeared in his perfect senses then; he appeared in great distress, and wanted me to recommend him to any apothecary.

Do you know enough of his case to know whether it was of a kind to be subject to a relapse? - Most of those cases are subject to relapses, we frequently have them over and over again.

A little drink would bring on the disorder? - Very suddenly, I believe the first occasion of the disorder was from that.

THOMAS COLEMAN < no role > sworn.

I am a navy surgeon, I have known the prisoner about seven years; about five months after I first became acquainted with him, he was seized with insanity on board the Salisbury, it continued three months; then I sent him to Yorkshire: I knew him at Gibralter again, he was then a soldier, I got him discharged, and he was appointed my second mate.

When did you come home? - In May 1783.

Did he come home with you? - Yes.

What has been the state of his mind since? - He went into the country soon after; I saw him once since he came to London this time.

What have you understood of his condition of mind since he came home? - I always understood, that whenever he got any liquor, he was insane for twenty-four hours at least.

Independent of his madness, what was his character? - His character was always honest.

By his being mate under you, I suppose you had some opinion of him? - I had, otherwise I should not have received him.

He has no skill, I suppose? - Yes, Sir, as a dresser I can trust him very well, not anything further.

Court to Prisoner. Have you anything further to say in your own behalf?

Prisoner. Only that I am seized at intervals with lunacy, and I cannot account for it; I have had relapses these twelve years.

NOT GUILTY .

Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.