494. JAMES PENNELL proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Fielder proceedingsvictim and Thomas Burton proceedingsvictim , between the hours of eight and nine in the night, on the first day of April last, and burglariously stealing therein, one piece of blue and white striped silk ribbon, of the length of fourteen yards and an half, value 10 s. 6 d. the property of the said Joseph and Thomas.

JOSEPH FIELDER < no role > sworn.

I live at Temple Bar , I am a haberdasher , and partner with Thomas Burton < no role > ; on the 1st of April, between eight and nine in the evening, I was alarmed by the ribbon being drawn through the hole made in the frame of the window, to fasten the shutter: there was room to put through an instrument, the ribbon was afterwards found on the prisoner, upon this roller, by one John Hobbs < no role > .

(The ribbon produced and deposed to.)

JOHN HOBBS < no role > sworn.

I was going up Fleet street, on the 1st of April, and I saw the prisoner doing something at Mr. Fielder's window, and he had got part of the ribbon out of the window, wound round his hand, the other part was in the window; he directly ran off as hard as he could, and the rest of it followed him through the window, I suppose as much as five or six yards; I said to him where are you going with the ribbon, says he, God bless me, master, a boy gave me the ribbon, you may have it, I do not want it; I took him back to the shop.

Mr. Garrow, Prisoner's Council. Describe how this hole was? - There is a hole in the frame of the window, through which a screw goes every evening, and the ribbon was put against this hole, and there was some paper in every hole, to prevent any thing going through; the paper was pushed out, and the ribbons drawn through the hole.

Is it your usual practice to put paper to prevent any thing being drawn through? - Yes.

Do you happen to know if it was so filled that night, did you see it so filled? - I will not pretend to say for that night, but I in general put in the paper myself.

PRISONER's DEFENCE.

I picked up the ribbon.

Court. What are you? - I live at home with my father, I am nineteen.

What is he? - A broker.

The prisoner called six witnesses who gave him a very good character.

Court to Jury. The breaking is not proved, as it is not proved that this hole was actually stopped at that time.

GUILTY Of stealing, but not of the burglary.

He was recommended by the Jury, on account of his youth; and one of his witnesses offering to take him home, and see him put into employ he was ordered to be privately whipped and discharged.

Tried by the first London Jury before Mr. Justice NARES.