944. JOHN YOUNG proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of William Barker proceedingsvictim , about the hour of one in the night, on the 6th of August last, and feloniously stealing therein, one cotton gown, value 4 s. one callimanco skirt, value 3 s. one handkerchief, value 1 s. one apron, value 6 d. the property of Honnor Abel proceedingsvictim .

HONNOR ABEL sworn.

I lost my clothes on the 7th of August, at half after twelve, my mistress and I were up stairs in the kitchen, my master was gone to bed, and she hearing the noise, said, here is the thief come again, because it is not the first time we have been robbed.

What sort of a noise was it you heard? - A great noise with the window up stairs in my chamber, which was over the kitchen, the noise was like forcing the window open; when my mistress spoke, I took the candle and went up stairs, but nobody was in the room, and the window was wide open, it was a casement; I went up about eight to shut it, and it was shut, and the glass was whole, but they had taken a pane of glass out to open the casement; I saw some ribbons hanging out of my box, and the things were gone that are mentioned in the indictment; I looked out of the window to see if I could see anybody, but I could not; I went down and told my mistress, and my master got up, and we went down stairs and could see nothing; the lead of the window was laid quite back with a knife, to get the pane out of the window; we mistrusted the prisoner, he lived in the same alley, and on Saturday, his door was open, and I went up stairs, and his room door was locked, and I pushed it open, and I saw very handsome china bowls, and candlesticks, and pictures, but none of my own things; I went down and told my mistress, because we have been robbed four times.

Where did you find your own things? - He went by about evening, and my master took him before a Justice, there he owned he had pawned my gown.

Was any promise made him of forgiveness before he owned that? - I was not present.

Where did you find the things at last? - I saw my gown, and petticoat, and apron, before the Justice.

JOHN ARMSTRONG < no role > sworn.

I was informed by the prosecutor that his house had been robbed, I went and took one Avis Wilkinson, who is an evidence in this matter, I took her, because I found her in the room that the prosecutor told me of; after I had been to the Justice some time, she went with me to the prisoner's mother, and there the first thing I clapped my hands upon, was this apron, which was in a basket; the prisoner came to see Wilkinson, and he was taken into custody; when the prisoner was secured, Mrs. Wilkinson was desirous of telling the whole matter, and she took me to one Mr. Menzie's, in Brick-lane, a pawnbroker, and there I found a gown and black callimanco petticoat; I had took the prisoner to the Justice's, he said if I would go with him, he would give me the duplicates; I went with him to an empty house in Hackney-road, and he was obliged to get in at the window, and there in a closet he gave me the duplicates, the things were pawned in her name.

Did she tell you in his presence? - Yes.

What did she say? - She said he brought them to her between twelve and one the night before, and he had the money, the man that lets the empty room lives in Gravel-lane: the things have been in my possession ever since.

DUNCAN MENZIES < no role > sworn.

(Produced a gown and petticoat, brought by Mrs. Wilkinson for si x shillings.)

Look at those duplicates? - These are mine.

AVIS WILKINSON sworn.

Where did you get these things you pawned at Menzies'? - I had them from John Young < no role > on Friday night, between twelve and one.

Where did you live? - I live two doors off from Mr. Barker's, he lived there.

Do you know how he came by them? - I asked him where he brought them from, he said it was no matter.

Prisoner. I never saw her that night.

JAMES SHAKESHAFT < no role > sworn.

I went with Armstrong to the pawnbroker's, and I saw him give Armstrong the duplicates.

Prisoner. The night she says I brought the things I saw nothing at all of her, we were both in bed till the morning, I went to work in the morning, and somebody came and left a bundle there, but I do not know who it was.

(The things deposed to.)

The Prisoner called one witness to his character.

GUILTY. Of stealing the goods, but not guilty of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.