451, 452. JAMES YORKE, otherwise ROBERTS proceedingsdefend , and ROBERT SIDAWAY proceedingsdefend This name instance is in set 2658. were indicted for burglariously breaking and entering the dwelling-house of George Deligne Gregory proceedingsvictim , Esq . on the 6th of May, about the hour of nine in the night, and stealing a steel-hilted sword, value 3 l. six pair of mens leather shoes, value 30 s. and one odd leather shoe, value 6 d. the property of the said George Deligne Gregory < no role > , and two silver tea spoons, value 5 s. and a silk handkerchief, value 1 s. the property of Mary Band proceedingsvictim This name instance is in a workspace. , spinster , in the dwelling-house of the said George .

MARY BAND < no role > sworn.

I am servant to Mr. Gregory; I was left to take care of the house while the family were out of town. My master lives at No. 28, in Newman-street ; I came home on the 6th of May , at about eight in the evening. I found the door on the single lock; I left it double locked when I went out; when I opened it, three men rushed through the passage, out of the house, into the street. I am positive the prisoners are two of the men, though they were not both dressed as they are now; one was in a green coat, the other in a light; one of them was taken immediately, and was admitted an evidence. The things that were lost, part belonged to my master, and part to myself; the sword and the shoes were my master's; they were kept in the closet up one pair of stairs; what I lost, which were a silk handkerchief and two silver tea spoons, were kept in the back kitchen. I had used the spoons that day, and had the handkerchief about me very lately. I had seen the sword hanging up a few days before in the closet; the sword was found by a witness in the street, and the shoes were left in a bag at the bottom of the kitchen stairs.

[The sword and shoes were produced in court, and deposed to by the witness.]

BENJAMIN WOOTTON < no role > sworn.

I am a neighbour; I came to assist; the accomplice was brought back just as I came to the door. I found the shoes at the bottom of the kitchen stairs.

MARY WHITCOMB < no role > sworn.

I live with a Mr. Curry, in Newman-street; I heard about eight o'clock in the evening a cry of stop thief! I went forwards into the kitchen, and heard something fall into the area, which I found to be the sword, which has been produced.

MARY HORSLEY < no role > sworn.

On the 6th of May, while I was walking about with the children in my arms, in Newman-street, at a little distance from Mr. Gregory's house. Yorke and the accomplice passed me several times in the street; Sidaway was standing at Mr. Gregory's door; I observed them very particularly, for they walked about several minutes, and then I saw them all go into Mr. Gregory's house, and shut the door after them; they opened the door with a key, which Sidaway had in his hand, and they all went in, but I not suspecting any thing of it, and not knowing but they might have a right to open the door. I took no notice of them, but when the outcry was made, I came out and mentioned what I had seen; it was so light, I could distinguish them very plainly, and they walked about so much in the street, that I took particular notice of them.

CHARLES GRUBB < no role > sworn.

I am a constable. Upon the information of the accomplice, I went and apprehended the two prisoners three or four days after this happened. I found them in bed together at a house in King-street, Golden-square; there was not any thing found in their clothes, but two keys (producing them) which were in Sidaway's coat pocket. He said it was his coat; I tried one of the keys at Mr. Gregory's lock, and it looks and unlocks the door, just as well as the proper key.

BENJAMIN BROWN < no role > sworn.

I was sent to carry the prisoners to the justice's; a bunch of keys were dropped as they went along.

JOHN EVANS < no role > sworn.

I went to Mr. Gregory's house, and found this dark-lanthorn in the passage (producing it).

JOHN COLEMAN < no role > sworn.

I am a constable; I went with Grubb to apprehend them.

YORKE's DEFENCE.

I know nothing of the robbery.

SIDAWAY's DEFENCE.

I never saw the keys in my life, till they were produced before the justice; they got the keys somewhere on purpose to get 40 l. by us.

Both Not Guilty of breaking and entering the dwelling-house, but Guilty of stealing the goods to the value of 20 s.

Tried by the Second Middlesex Jury before Mr. Baron HOTHAM.

[Imprisonment. See summary.]