195. PAUL LEWIS ZAFIER proceedingsdefend (a black ) and MARY FARLEY proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling-house of Robert Christie proceedingsvictim , about the hour of two in the night, on the 21st of March , and burglariously stealing therein, a gold watch, value 4 l. a stone seal set in gold, value 10 s. a muslin gown, value 40 s. a pink satin petticoat, value 40 s. a silk cloak, value 40 s. a damask petticoat, value 6 s. a chain, value 4 s. a necklace gilt with gold, value 10 s.the property of Elizabeth Mayles proceedingsvictim , spinster; a man's linen shirt, value 5 s. the property of Cornelius Laen Murphy proceedingsvictim .

A second count, stating, that they did feloniously steal the said goods about two in the night, and afterwards did break the said house to get out of the same, against the statute:

And THOMAS SHIRLEY proceedingsdefend was indicted for that he, on the 22d of March , feloniously did receive part of the said goods, knowing them to have been stolen .

ELIZABETH MAYLES < no role > sworn.

I lived at Mr. Christie's, at the time of the robbery, that was the 21st of March, his house is No. 2, Newman-street : I was at home that night; I was asleep.

MARGARET SMITH < no role > sworn.

I was in the house that night; I went to bed about eleven on the 21st of this month; I did not see the house fastened; about a quarter past eleven I heard some persons come into my room, I was in bed; I then lodged in the second floor; at a quarter past two somebody came in again; the servant-maid said she was to sit up to wash, I thought it was her; and about five minutes after four I heard some person enter the front room, and got out of bed to see if I had lost any thing; I missed nothing, and saw no body, but heard some body go down stairs: about a quarter before seven I rang the bell, I got up, but I knew nothing that happened till between ten and eleven that day: I lost no property.

ROBERT CLAYHOLME < no role > sworn.

I know that the black prisoner I saw at eight o'clock, or thereabouts, that evening; he went out, and next morning this man came to my house.

MARY CLAYHOLME < no role > sworn.

The black prisoner lodged with me between three and four months, always very sober and steady till this affair happened; the next morning he came into my shop and sent for a sheet of paper and sealed something up, and gave it to me, and desired me to give it to nobody else.

Do you know of your own knowledge that he was out that night? - No, I was in bed.

MARY EDALL < no role > sworn.

Do you know any thing about this robbery? - No; help me God! I do not.

JOHN MILLER < no role > sworn.

I am an officer; I went to the black's lodgings on the 22d of March, in the evening, the day of the robbery, and the master of the house, Mr. Clayholme, delivered to me this watch and a necklace, which Jaffier had sealed up.

Court to Mr. Clayholme. Did you deliver that watch and necklace to Miller? - Yes, I did; in the morning I received this from my wife.

Mrs. Clayholme. I delivered them to my husband when the officer came in: the prisoner Jaffier gave it me in the morning about nine, sealed up in three sheets of paper; I did not know what it contained; I delivered it exactly in the same state in which I received it.

Elizabeth Mayles < no role > deposes to the watch and necklace; I am sure the chain is mine, because there is a stone out; I swear to the watch; they were in Mr. Christie's house the night of the robbery, I saw them; the watch was in my sleeping-room, and the necklace was in the drawers in the drawing-room; I did not sleep in the same room with Mary Smith < no role > .

Mr. Garrow, prisoner's counsel. I observe, Madam, that this watch is called the property of Elizabeth Mayles < no role > , spinster; do you know any lady of that name? - My name is Mayles.

How long has it been Mayles? - Ever since I was born.

Upon your oath, Madam, is not your name Murphy, and has it not been so for a considerable time past? - No, Sir, my name is Mayles.

You never passed by the name of Murphy in your life, upon your oath; Mr. Christie and his family did not know you at the time of this robbery by the name of Murphy, that is a very plain question, capable of a very plain answer of yes or no. - Yes, Sir, I went by the name of Murphy.

And till after this robbery was committed you was understood to be Mrs. Murphy: we shall by and by enquire whether you are not the wife of Captain Murphy < no role > ? - No, Sir, I am not; I did pass as his wife.

Is not this watch his property? - No, Sir, it is my own.

How did you get it? did you buy it with monies of your own? - Yes, Sir, with monies of my own.

Not of Captain Murphy < no role > 's? - No.

How many other lady lodgers are there in this house? - I and another.

When people change their names so frequently one does not know what to call them; how long have you been Mrs. Murphy? - About four months.

What was your name last, before that? - Mayles.

Never any other? - No.

Are you not married to Captain Murphy < no role > ? - No, Sir, I am not married.

Are you positive of that? - Yes.

This woman at the bar was a servant at Mr. Christie's? - Yes.

Was you alone at the time this happened? - No, Sir, I was not alone.

Did a Miss Smith ever use your room when hers has happened to be occupied? - No, Sir.

You may have more friends call upon you than one at a time; if one room should happen to be engaged one must use another? - That never happened to me.

THOMAS CARPMEAL < no role > sworn.

I found these things at Mr. Shirley's house, Cross-lane, Long-acre, on Friday the 23d of March, a black silk cloak, a petticoat, and shirt; Shirley was not present; I do not know it to be his house; he could not be found till night; he was out on business; when he was found he came to me, and delivered himself up the next day before the magistrate; the things were produced; he said he bought them of the black.

Mr. Garrow. He came voluntarily to you at Bow-street? - Yes, he did; his friends were looking for him all day.

I believe he told you, which you afterwards found to be true, that some other property was offered to him, which he refused to buy? - Yes: I have known him a long time; he was always a particularly honest man.

You very soon get acquainted with people of a very different character? - Yes.

ALEXANDER PITTERKIN < no role > sworn.

I am a watchman. At half past two I found the door open; I knocked, and the woman prisoner came and answered me, and said, she did not know how it came open, but she supposed one of the lodgers came in lately.

Mr. Garrow. How often have you watched near there? - It is a house that is not very often open.

Prisoner Zafier. For myself I like liberty.

Mr. Clayholme. I wish to give him one of the first characters for the time I have known him; that I wish to give any man in the world.

JEREMIAH DONOVAN < no role > sworn.

I am a surgeon. I have known him about twenty months; I always considered him as an extraordinary honest man, having had occasion to entrust him on several occasions; I was about to take him into my service at the time; I waited on Mr. Bateman for his character; Mr. Bateman gave him an extraordinary good one; he said he had lived with him five years, and wished to get him a good place: and the reason he parted from him was he had no occasion for him.

PAUL LEWIS ZAFIER < no role > GUILTY of stealing goods to the value of 39 s.

MARY FARLEY NOT GUILTY .

THOMAS SHIRLEY NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM < no role > .

Court to Mr. Donovan. Mr. Donovan, you have with great humanity and much credit to yourself stepped forward to give this poor black a character; are you so circumstanced as to take this man or employ him or provide for him? - I will undertake to pass him to his own country, which has been long his wish; he is a native of Pondicherry; he speaks very little French.

Will you take him to night? - If it is agreeable to your lordship.

To be privately whipped and delivered to Mr. Donovan.