740. ALEXANDER ELDER proceedingsdefend This name instance is in set 1399. This set is in the group(s): GarrowsClients . was indicted for burglariously and feloniously breaking and entering the dwelling house of Mary Warren proceedingsvictim , spinster , on the 19th of August last, about the hour of nine in the night, and burglariously stealing therein, one linen sopha cover, value 4 s. three linen waistcoats, value 30 s. nine linen shirts, value 4 l. two linen table cloths, value 10 s. two linen window curtains, value 6 l. five linen chair covers, value 40 s. one pair of nankeen breeches, value 10 s. and one cotstocking, value 2 s. the property of John Hankin proceedingsvictim .

(The witnesses examined apart, at the request of the Prisoner.)

SARAH HANKIN < no role > sworn.

About nine or a few minutes after, I went out and locked my room door, I am a lodger, I am a married woman, I live in Tottenham street ; I had been gone about ten minutes, when I returned I heard a noise in the room, there were other people in the house, it is let out in tenements, I have the first floor.

Who is Mary Warren < no role > ? - She rents the ground floor, she has nothing to do with the first floor, a person said she thought there was somebody in my room; we both came out into the passage, and she called out John, but nobody answered, and then she went half way up stairs and met the prisoner with a bag of linen, she called me to stop him, and I caught him by his coat, I held him with one hand, and my child in the other, till he got into the street, and there he got from me; he was taken in a few minutes after, and brought back, when he was brought back, there was found upon him one sopha cover, three shirts, two waistcoats, and one stocking; when one of the witnesses pulled the things out of his pocket, he threw some that way, and said, here Madam, here is your things; I heard him say nothing else in my apartment.

MARY WARREN < no role > sworn.

The prisoner came to the house, I heard a noise up stairs as if something fell, I went to go up stairs, and I heard a door locked, and a key taken out, so I said I will see who it is, if it is the devil; I saw a man on the stairs, he said he had been to see an acquaintance of his in the garret, and he put down the bag on the stairs from his shoulders, I said he was a thief; I did not examine the bag, there were sopha covers, chair covers, window curtains, and shirts, and waistcoats, and a number of different things belonging to Mr. Hankin.

CHARLES HOVENS < no role > sworn.

On the 19th of August, I was standing at my stable-door between nine and ten at night, and I heard a cry of stop thief, I run into the mews, and I saw the prisoner run out of the rope-walk, and I took him with these things upon him; I took him back to Mr. Hankin, I saw the things taken from him, I marked them again myself, I should know the mark again.

(The things produced that were found on the prisoner.)

Court to Hovens. Are these the things you found on the prisoner? - Yes.

Court to Mrs. Hankin. Are these things your property? - They are linen I had to wash, I am sure of them; I am sure the prisoner is the same man I met at the bottom of the stairs, I never saw him before.

THOMAS JONES < no role > sworn.

I heard the cry of stop thief, I went to the door, I saw several people running to the end of the street, where there is a gateway that leads into the rope walk; I overtook the prisoner and brought him back to the room of the prosecutor, and there were several things in his pocket which I saw taken away from him.

PRISONER's DEFENCE.

I had a direction to enquire for a man that owed me some money, and I believed that to be the house, I went up stairs, and kicked against some things in the dark, and I took them up with intent to give them to the people of the house, I asked the gentlewoman what things they were, she said you are a thief, that startled me, and made me fun; the gentlewoman swore that the door was locked; had I been in the room I should not have staid to lock the door.

Prosecutrix. I tried the door, and found it was locked, and I pulled out my key and opened it as usual, only that I had double locked it with my own key when I went out, and then it was single locked.

ROBERT GAINS < no role > sworn.

I live in Bow-street, Bloomsbury; I have known the prisoner for above five years, he is a taylor by trade, I have had large dealings with the man, a very honourable man in his payments, several people have been here to his character.

Prisoner. I was coming down stairs, the gentlewoman was never up one stair, therefore it was impossible for her to see this bag; I had no things in my pocket, it must be a very uncommon pocket to put such things in, I never saw the bag till the light came.

Court. Gentlemen of the Jury, this does not appear in any sense to be the dwelling house of Mary Warren < no role > , the whole house being let out in different tenements.

GUILTY Of stealing, but not in the dwelling house .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]