365. LUKE ROGERS proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of John Absolom proceedingsvictim , about the hour of seven in the night, on the 19th day of January last, and burglariously stealing therein, two sarcenet hats, value 10 s. and one black mode muss, value 3 s. 6 d. his property .

JOHN ABSOLOM < no role > sworn.

I live at No. 8, James-street, Covent-Garden ; I was out of town when this robbery was committed, and can only swear to the property.

JANE HUNT < no role > sworn.

I am shopwoman to Mr. Absolom, on the 19th of January last, about seven in the evening, I was sitting to work in his back parlour, and heard his shop door open, I saw the prisoner come in and thrust his hand through a pane of glass in the shew-glass, it was dark: the shew glass is between the counter and the door; the door was on the latch, I saw through the glass of the parlour door; the shop door sticks in wet weather, it is difficult to get it open; the glass case was hung next the door; he put his hand through the glass, and took a white sarsnet hat, a pink ditto, and a black mode muff, the property of the prosecutor; some persons ran out of the door, and called out, stop thief! I lost sight of him for five minutes, till he was brought back; he was about a minute in the shop at first.

Court. Are you sure he is the person that was in the shop? - I did not see his face, but I saw part of his back and his arm, I saw his clothes were dark blue, he took the things with him out of the house; when he was brought back, I saw the things taken from under his arm.

Prisoner. What time before this happened, had any customers been in the shop? - I really cannot tell, there had been several that afternoon, it might be more than half an hour.

Did you or the prosecutor's sister serve in the shop? - The prosecutor's sister in general serves, but I cannot tell which served then.

Court. How do you know the latch was fast? - I am sure I heard the latch go.

(The things produced and deposed to.)

THOMAS BURTON < no role > sworn.

I am a sawyer, on the 19th of January last, between six and seven, coming from my work past the prosecutor's house, I heard the glass break, I said to my mate, did you hear that glass break, he said, no; I had hardly said the words, when out came the prisoner, he took into Covent Garden Market, he was dressed in a bluish coat, and a light shag waistcoat; he ran as hard as he could, I said to my mate, let us follow him, we pursued him immediately, we never lost sight of him, we took him in the market, I asked him what business he had in the shop, he said, he knew the people in the shop; I did not see what he had under his arm till he was taken back to the shop; then I saw he had two hats, a large one, and a small one, and a black muff.

JOHN HILL < no role > sworn.

Was with the last witness, and confirmed his account; is sure as to the prisoner.

Thomas Carpmeal < no role > took him into custody, and took possession of the things.

Prisoner. The witness cannot be certain as to the latch of the door, therefore, I hope the Gentlemen of the Jury will consider that circumstance, as my life is in danger.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.