167. WILLIAM OATES proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of Alexander Davidson proceedingsvictim , on the 27th of January , about the hour of eight in the night, and stealing a silk cloak, value 10 s. a muslin apron, value 5 s. three linen shirts, value 10 s. a pair of nankeen breeches, value 3 s. and a check apron, value 1 s. the property of the said Alexander, in his dwelling house .

ALEXANDER DAVIDSON < no role > sworn.

I keep a house, No. 11, John's-hill, Ratcliffe High-way . On Sunday, the 27th of January, I went out about sixo'clock in the evening, there was nobody at home; I left the house locked up; I returned about eight o'clock, and found the parlour window wrenched open; the bolts wrenched off, and part of the shutter broke; they open in the middle; there was a bolt across, and one at the bottom; the shutters were bolted when I went out; the parlour is on the ground floor; there was a pane of glass taken out of the window to open the sash; I lost the things mentioned in the indictment (repeating them); they were in the closet in a chamber up stairs; the chamber door lock was picked; I locked it before I went out; I saw my things afterwards at the Justice's office.

Mary Davidson < no role > , the wife of the prosecutor, who went out and returned with him, confirmed his evidence.

GEORGE FORRESTER < no role > sworn.

I am a constable. On Sunday evening, the 27th of January, Orange and I were coming along Back-lane; I met the prisoner running with a bundle under his arm, wrapped up in a black cloak; I stopped him till Orange came up; I asked him what he had got; he said he was coming from Black-wall, that the things were his mother's; he was going to carry them to the other end of the town; when I had secured him, he said, take the property and let me go about my business; I said I would do no such thing; he said there were those officers that would; we took him to a public house to examine the property, and when we came there it wanted twenty minutes of eight o'clock; I found upon him a knife, with a turn-screw at the end of it; Orange has had the things ever since.

JOHN ORANGE < no role > sworn.

I am an officer belonging to the public office, Shadwell; I took the things from under the prisoner's arm, while Forrester had hold of him; I only confirm his evidence.

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

PRISONER's DEFENCE.

I was just come from Blackwall; I met with a man with two bundles under his arm; he asked me where I was going? I said to Oxford Market; he asked me to carry one to Red Lion-street, and said he would give me two-pence, and treat me to three penny-worth of crank; I took one, and as I was going along this man stopped me.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. ROSE.

He was humbly recommended by the prosecutor, to his Majesty's mercy.