367. JAMES LAPIER , otherwise CHURCH proceedingsdefend (aged thirteen) and JOHN FARMER proceedingsdefend (aged twelve) were indicted for burglariously and feloniously breaking and entering the dwelling house of William James proceedingsvictim , about the hour of seven in the night, on the 22d day of January last, and burglariously stealing therein, one cloth coat, value 5 s. one linen waistcoat, value 2 s. three linen handkerchiefs, value 3 s. one linen apron, value 1 s. one pair of calimanco breeches, value 3 s. two pieces of cloth, value 10 s. two shirts, value 5 s. one pair of sheets, value 5 s. three table cloths, value 6 s. two handkerchiefs, value 2 s. three caps, value 3 s. three linen stocks, value 3 s. two pieces of linen cloth, value 10 s. and one flannel petticoat, valu e 1 s. the property of the said William James < no role > .

WILLIAM JAMES < no role > sworn.

I live in Shoreditch , I am a plumber and glazier , my house was broke open on the 22d day of January, about seven in the evening, I was out; when I returned at half past seven, they were all busy with the alarm, and the things were missed that are here; I never saw the two prisoners before I saw them at the office.

SARAH JAMES < no role > sworn.

On the 22d of January last, a square of glass was cut out of my window, and somebody had by that means taken out a pin, it was broke, and joined, and covered with putty, the window belonged to the bottom floor, I went to light a candle at the next neighbour's, I double locked the door, and put the key in my pocket, I was not gone more than fifteen minues, the youngest prisoner Lapier, was taken up in about a quarter of an hour, the other was taken on the Tuesday: some of my things were found in Bethnal-green; I never saw these two boys, the prisoners, till I saw them at the office.

WALTER WHITER < no role > sworn.

On the 22d of January, coming out of my house, which is about a hundred and fifty yards from the prosecutor's; I saw two boys with two bundles, and I said, them bundles do not belong to you, they made no answer but went on; I said, you have stole those things, one of them dropped the bundle at my feet, and ran away, I pursued him twenty yards, and cried stop thief; Mr. Cox, a neighbour, pursued the second boy, Lapier, and brought him to my house; I had the other in my eye, I never saw Lapier before; in a quarter of an hour the prosecutor's wife came to my house, I untied one of the bundles, and she owned the things, the prisoner was taken into custody; on the Tuesday, at the office the other boy was brought in, I could not swear to him.

JOSEPH COX < no role > sworn.

I took Lapier, near seven o'clock, on the 22d of last month, I heard the last witness cry stop thief, he has thrown one of the bundles at my feet, and I took him; I saw no other person running, and in about a quarter of an hour the prosecutor's wife came and described the major part of the things before she saw them, only an apron which did not belong to her.

HENRY BANFORD < no role > sworn.

I am a constable of St. Leonard's, Shoreditch, I was sent for on the 22d of January, at past seven, to take Lapier and the bundle, Mrs. James saw the contents, I have had them ever since; the other prisoner was taken on the Tuesday following.

(The things produced and deposed to.)

Court to Mrs. James, Are these some of the things that were kept in your room? - Yes, they were in the drawers, and some on the lines, there were no locks on the drawers.

PRISONER LAPIER's DEFENCE.

I am as innocent as the child unborn.

JAMES LAPIER < no role > otherwise CHURCH,

GUILTY Death .

JOHN FARMER < no role > , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice GOULD.