166. GEORGE TALBERT proceedingsdefend and THOMAS FRENCH proceedingsdefend were indicted, for burglariously breaking and entering the dwelling-house of Thomas Wheeler proceedingsvictim , on the 27th of January , about the hour of six in the night, and stealing six quartern loaves of bread, value 3 s. and two twopenny loaves, value 4 d. the property of the said Thomas, in his dwelling-house .

THOMAS WHEELER < no role > sworn.

I live at the corner of Gerard-street, Soho ; the prisoner French was my servant ; I had lost bread several times. On Monday morning, the 27th of January, about six o'clock, immediately as the bread was drawn, and brought up into the shop, my wife and I got up; I heard the bar taken down, and the door open; it was opened on the inside; I was called by the watchman; he had taken Talbert, with the bread upon him; it has my mark upon it; it should be a W, but it has one side broke off, and is like an N.

Counsel for the prisoner. Will you undertake to swear that the bread had not been purchased in your shop? - If it had, the money never came to me; I never sold it.

Had not your servant sold it? - If he had, he had not remitted the money to me.

You will not undertake to swear it had not been sold in your shop? - I cannot swear that.

Court. Where did you see the bread after it was taken away? - In a sack in the watch-house; I went there in consequence of an information.

Was French in the habit of selling bread for you? - Yes; he carried bread out, and served occasionally in the shop.

If any body came very early for bread, French being in the shop would have sold it? - Yes.

RICHARD ELLIOTT < no role > sworn.

I am a watchman. On the 27th of January, about a quarter before six in the morning, I saw the prisoner Talbert walking backwards and forwards before Mr. Wheeler's shop; Mr. Wheeler had lost bread several times, and desired me to watch;just as the watchmen had cried the hour of six I saw him go up to the door; I heard somebody on the inside undo the bar, and he lifted up the latch, and went; and I saw French put six quartern loaves, and two two-penny ones, into a bag he had with him; he twisted the bag up, put it across his shoulder, and went across the road.

Jury. Did you see any money pass at that time? - Not a farthing; he came directly out; I followed him till he came to the corner of Macclesfield-street, then I crossed the way, and told him he must go with me to the watch-house; I left him and the loaves at the watch-house, and went back to Mr. Wheeler's shop; I called the watchman, and then knocked at the door; I knocked three times before he would open it, then French listed up the bar, and opened the door, and I gave the watchman charge of him till I called Mr. Wheeler; Mr. Wheeler came immediately; he desired him to forgive him; he said he had never done such a thing before; we then took him to the watch-house; I have had the bread in my possession ever since.

What did Wheeler charge him with? - I don't know what Wheeler said.

Counsel for the prisoner. Had not Talbert time enough, when he went into the shop, to throw down the money for the bread before you came up? - No, not without my seeing him.

When French asked his master's pardon, you don't know whether it was for having stolen the bread, or having trusted a man his master would not trust? - I cannot say that.

GEORGE ROSS < no role > sworn.

I am a watchman; the last witness called me, and I went with him to Mr. Wheeler's, and he gave me charge of French.

Did you hear any thing Mr. Wheeler said to French? - He said he was very glad he was taken; that he had been robbing him for some time; French said, I hope you will forgive me for this time; Wheeler said, do you think I will forgive you, when you have robbed me while I was asleep?

Counsel for the prisoner. A man may rob his master by taking his property without his knowledge; or by selling his property without his knowledge; and keeping the money; in which of these senses did he charge him with robbing him? - I don't know; that is what he said.

THOMAS POTTER < no role > sworn.

I am foreman to Mr. Wheeler; I made the bread, and marked it, and drew it out of the oven, on the Monday morning; the bake-house is backwards, under ground, French carried them up into the shop; when I counted them in the shop, there were six quartern, and two two-penny loaves missing.

The loaves were produced in Court, and deposed to by the prosecutor.

The prisoners both left their defence to their counsel.

They called each of them two witnesses, who gave them a good character.

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

Tried by the second Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]