164. WILLIAM HILL proceedingsdefend and PHILIP BONO proceedingsdefend were indicted for burglariously breaking and entering the dwelling house of William Houghton proceedingsvictim , on the 12th of January , between the hours of six and eight in the night, and stealing two printed cotton gowns, value 16 s. a linen sheet, value 2 s. a calico bed-gown, value 1 s. 6 d. a muslin handkerchief, value 2 s. a flannel petticoat, value 2 s. a napkin, value 2 s. a linen table-cloth, value 2 s. a line pron, value 1 s. 6 d. and a looking-glass, value 6 s.the property of John Batson proceedingsvictim , in the said dwelling-house .

JOHN BATSON < no role > sworn.

I live in the house of William Houghton < no role > , in Virginia-row ; on the 12th of January I went out to my daily labour, at six in the morning, and returned about a quarter after eight at night, and understood from my wife that we had been robbed; I applied to the officers, and they informed me they had two young men in custody; this was on the Saturday; I went on Monday to Justice Wilmot's, and saw some of my things there.

ELIZABETH BATSON < no role > sworn.

I am the wife of John Batson < no role > , we lodge in the lower apartment of Mr. Houghton's house; on the 12th of January, between six and seven o'clock at night, I went up two pair of stairs to my landlady's room to light a candle; I might stay the value of half an hour; when I came down I found some of my things out of the drawer, which gave me a suspicion that I had been robbed, I looked in the drawers, and found that I had lost all that I had; my door and the street-door were shut when I went up stairs, when I came down I found the doors as I left them, the window was broke open, the holdfast was broke away, it was tied with a double string, that was cut, and the casement very much bent; one pane of glass was broke, and two or three cracked; it was all safe when I went up stairs.

Where did that window look into? - The street, there was the mark of a foot down the inside of the wall, below the window.

Was day-light gone when you went up stairs? - Day-light was not quite shut in, they were gone before I came down stairs; I missed all the things mentioned in the indictment.

(Repeating them)

SARAH DUMONG < no role > sworn.

I work in Virginia-row, I was going for a penny candle about half after seven o'clock, I saw the two prisoners pass over from the corner of Batson's house, and I heard William Hill say to Philip Bono < no role > , in a low voice; see if there is any body in the chandler's shop; I was surprised, I went in for the candle, and when I came out they were gone.

How came you to take notice of them? - Because Philip Bono < no role > looked me in the face.

Did you know them before? - No, I never saw them before in my life.

How came you to know their names so well? - Because they were mentioned at the Justice's on the Monday.

Was it dark? - It was half after seven o'clock; they had nothing with them that I saw.

JOHN ARMSTRONG < no role > sworn.

On the 12th of January, as the bell rang at eight o'clock, Shakeshaft, Harper, and I, met the two prisoners near Petticoat-lane; Hill had a bundle, I laid hold of him, and he dropped the bundle, I gave him to Harper, the other ran away; I pursued him, and catched him as he was laying this glass down by a wall; I brought him back, and in the presence of Hill, he said he gave them him to carry, and Hill never denied it.

Was this near Houghton's house? - It was about a quarter of an hour's walk from it.

WILLIAM HARPER < no role > sworn.

I got this bundle (producing it) out of the kennel, after Armstrong delivered the prisoner Hill into my hand; I saw him throw the bundle away; I did not see the other till he was taken.

Did you hear the prisoners say any thing? - I think I heard the little one (Bono) say the other gave him the things to carry.

(The things were produced in Court, and deposed to by the Prosecutrix.)

PRISONER HILL's DEFENCE.

Is it probable, if I dropped the bundle, that Armstrong would not have taken it up?

PRISONER BONO's DEFENCE.

I never had the glass, I know nothing of it; I was going along, I heard somebody say, stop thief, shoot him, and a man up and hit me with a stick, and said I dropped that glass; I never had it.

Hill called two witnesses, and Bono four, who gave them a very good character.

BOTH GUILTY, Of stealing the goods, but not guilty of burglariously breaking and entering the dwelling-house .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]