839. WILLIAM RAY proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Moody proceedingsvictim , about the hour of six in the evening, the 20th of October , and burglariously stealing therein, one ounce of silver, value 5 s. a silver tea-spoon, value 2 s. a metal tobacco stopper, value 1 d. two copper medals, value 2 d. twenty guineas, value 21 l. sixteen half crowns, value 2 l. three crown pieces, value 15 s. one piece of copper coin, called a halfpenny, the property of the said Thomas Moody < no role > .

A second count, for feloniously breaking and entering the same dwelling house, about the hour of five in the afternoon, of the same day, no person being therein, and stealing the above things.

The case opened by Mr. Leach.

The witnesses examined separate.

JOHN MOODY < no role > sworn.

I am son to Thomas Moody < no role > ; I was going home between five and six, me and a man out of my father's fields from work; I went into the house, and went to look for a candle, and instantly pulled off my shoes, and went up stairs, nobody was at home; going up stairs I saw the prisoner.

Was sort of light was it? - Duskish.

Could you distinguish the features of a man's countenance? - Yes, I knew him directly; I asked him what business he had there, and how he came there; he said the doors were open, and he came in; I tried to catch hold of him, and he chucked some pieces out of his pocket, some things in a bag on the floor, and two pocket books; I saw my father's desk was broke open.

Was there any other articles that he chucked out? - No, not that I saw; I called out that there was a thief in the room; my father came in while I was up stairs.

How do you know that? - Because he was not in the house when I came in, my father came up, and another man, Mr. William Stephens < no role > , junior, and one Bradbury, and secured him, and we took him tothe Whitechapel Rotation, and to the watch-house.

Did you search him in the house? - Mr. Stephens did, and found nothing, but one of Mr. Stephens men searched him in the watch-house in my presence.

How late before had you been in the house? - Not since one o'clock that day; I am sure there was no person in the house at the time.

Prisoner. Ask him which way he came in? - At the back door.

Was it open or shut? - I cannot tightly say; we went up stairs after we catched him, and I think he got in at the fore window; we never perceived till yesterday, there is half a pane of glass broke.

Prisoner. My Lord, there was a chair woman in the house all that day? - Yes, when I went out I left her there.

Was any person in the house when you went into it except the prisoner? - None at all that I saw.

JOHN BRADBURY < no role > This name instance is in a workspace. sworn.

I was digging potatoes for Mr. Moody, and we left off sooner than usual, about five when we came home, we opened the sash to go into the house to take the key out to unlock the door; I was with John Moody < no role > , he pulled off his shoes, and went up stairs, in a minute he called out there were thieves; I ran up stairs, and found John, and the prisoner struggling; I laid hold of him, and as soon as I seized him, he dropped money at twice; he dropped a purse of money with some bad shillings and sixpences in it; we found nothing upon him more then that.

Was the door locked when you came in? - Yes.

CHARLES DOMER < no role > sworn.

I am an officer; I searched the prisoner when he was brought to the watch-house, and under his right ham, at the bottom of his breeches, I took sixteen half crowns, three crowns, a halfpenny, and a metal button.

THOMAS MOODY < no role > sworn.

Court. Look at that property, and see if you know any part of it? - There should be a halfpenny, and a little button here; this button is mine, and here is some writing on the halfpenny, and the bag likewise upon oath; I cannot say what money I lost, I know there were crowns, and half crowns, but the quantity I cannot say; I believe them to be mine.

Prisoner. It is very hard for a man to swear to a button, and a bag, and a halfpenny, that has no mark.

Prosecutor. I know the button to be mine, the bag is mine; I am clear in the bag, and I believe the money to be mine that is in it; what the tale of it is I cannot say, there is some writing on the halfpenny.

What writing is it? - I am no scholar to tell you what it is, there is some letters on it; I know it by the mark that is on it.

(The halfpenny marked on the woman's side, Joseph Fletcher < no role > , November 13th, 1738.)

- STEPHENS, senior, sworn.

I searched the prisoner, and found one shilling and one penny upon him. Some pocket books produced that were picked up by John Moody < no role > .

- STEPHENS junior sworn.

I picked up a bag, which I laid on the bureau, which Mr. Moody afterwards took out, and it contained twenty guineas; I picked it up close to the bureau; I picked up some of the papers, and the books, and gave them to John Moody < no role > .

Thomas Moody. I found a knife in my yard; my bureau was broke open, I believe by this knife, because we have found places which it will fit extraordinary well; we tried the places.

Stephens, junior. This is Mr. Ray's knife.

How do you know that? - I was sitting with him last Thursday evening, and he pulled this knife out of his pocket, and he presented it to the man, that was there, and said he could like to have the point filed off; the man instantly took out a file, and began filing it; and I said you cannottake it off with that, I can take it off at home for you presently; he said I wish you would; he immediately put it into his pocket again.

Prisoner. There is no particular marks on that knife.

John Moody < no role > . I found some broken silver in a room, where I saw him chuck it down, and I saw him chuck the pocket books down.

Thomas Moody < no role > . I know this spoon to be mine; I have two or three of them they are marked.

Court to Prosecutor. How much money did you lose out of your bureau? - Why, I do not know in particular; the conjuror he left the principal part of the property behind him; he took twenty guineas I believe out of my bureau; I found it not in the place where I left it, and the bureau broke open; I found it in the inside of the bureau, but when the flap of the bureau was down, it was not in the place I left it.

Prisoner. My Lord, I was in next door; I kept company with a young woman that lived at his house; I went in, finding her not there, I went up stairs; before I could well get up stairs, John Moody < no role > came in; I told him I found the door open; they came in, and took me prisoner.

What business had you there? - I went in after a young woman that I had sat hours with before.

Court to Moody. Had you any young woman in your house? - We have a young girl there.

Did this young man come after her? - I never saw them together in my life.

Prisoner. I expected several people to come, but it is a very wet day, I do not think they have come.

Court. Shall I ask any of these witnesses as to your character? - If you please, my Lord.

Court to Stephens. What sort of character did this young man bear to this time? - The character of a thief.

What, before this? - Yes, he bore a very bad character.

Jury. What business? - I know no business he ever was.

Prisoner. I am a gentleman's servant.

Court to John Moody < no role > . In what part of the bureau did you leave your money? - I left it in a drawer, and when I went up, the flap of the desk lay open.

GUILTY, 39 s.

Not guilty of the burglary, nor of breaking the house in the day time.

Transported for seven years .

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