177. JAMES HAYLOCK , otherwise HULLOCK proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of John Appleby proceedingsvictim , on the 1st of February, about the hour of ten in the night, and stealing a deal box, value 1 s. two pair of stockings, value 4 s. three muslin aprons, value 5 s. two linen aprons, value 4 s. three muslin caps, value 2 s. three muslin handkerchiefs, value 3 s. a flounce of a peticoat, value 2 s. a velvet housewife, value 6 d. two pair of muslin robins, value 2 s. the property of the said John Appleby < no role > .

(The witnesses were examined apart at the request of the prisoner.)

JOHN APPLEBY < no role > sworn.

On the first of February, between nine and ten at night, my house was broke open, I was in the garret at work, I wasinformed of it by John Green; I went down immediately with a candle, and found the back parlour door open, I locked it myself in the evening, and had the key in my pocket; when I came into the parlour, I missed a deal box out of the fire-place; it contained my wife's linen; I examined the lock, and thought it had been opened by a false key, as the right key would not open it so easy.

Where does the window of that room look into? - Into our own yard, it was shut and fastened down.

Did you ever find any of your things? - No, I gave information at Sir Sampson Wright's the day following.

JOHN GREEN < no role > sworn.

I lodge in Berwick's-court, Mary-le-bone , Appleby lives in the same court; on the first of February, about half after nine o'clock, I saw two men in our apartments going down stairs, I came out and laid hold of one, and he said I believe they are not at home; I suspected them, I followed them down the court, and saw them go into Appleby's; I stood there about five minutes; I saw the prisoner stand at the door, and about five minutes after, I saw another man come out with a box; that man I don't know; the prisoner received the box, and they went up the court; I followed them, and then went and alarmed the landlord.

How came you not to stop them? - He was an officer at Justice Reid's when I knew him first, and I could not tell whether it was a robbery or no, till I came back and alarmed the landlord.

Are you sure it was the prisoner? - Yes, positively.

How long had you known him? - It might be a year and half, I cannot say to a month.

Have you known much of him lately? - Not much.

What light was there in the court? - Only the lamps.

Prisoner. What kind of a box was it? - A deal box, near a yard long.

MARY APPLEBY < no role > sworn.

I went out about six o'clock in the evening, I tried the back parlour door before I went out, and found it locked; I left the things mentioned in the indictment (Repeating them.) They have never been found.

JAMES HUTCHISON < no role > sworn.

I live in the same court with Appleby, about a quarter after nine I saw two men in the court, one of them went into Appleby's, the prisoner stood at the door, and the other came out with a box, and gave it to the prisoner; he carried it with the tail of his coat; Green was with me.

Did you know the prisoner before? - No.

Are you sure he was the man? - Yes, I am quite certain of it, I passed him quite close by him.

Why did not you stop him at that time? - I did not think of it then; I followed him to the end of the court, and saw him throw it upon his shoulder; Green went back to alarm Appleby, and left me to watch; I could not stop him.

The constable who apprehended the prisoner deposed, that when they told him what he was taken for, he wanted to turn evidence.

PRISONER's DEFENCE.

I think it is very hard I should be charged with a thing that I know nothing of; I expected a friend from Uxbridge this morning, that I spent the evening with the night the robbery was committed; but he is not yet come.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.