105. CHRISTOPHER PLUMLEY otherwise JOHN WILLIAMS proceedingsdefend This name instance is in set 978. was indicted for that he being in the dwelling-house of John Abbott proceedingsvictim , on the 15th of February , did steal a quart tankard, value 5 l. a silver pepper-castor, value 12 s. and a silver table-spoon, value 5 s. the property of the said John Abbot < no role > ; and that being in the said dwelling-house about ten o'clock in the night, of the said day, burglariously did break the dwelling-house of the said John Abbott < no role > , to get out of the same against the form of the statute, &c.

JOHN ABBOTT < no role > sworn.

I keep the Buffalo's Head in Oxford-road . On Tuesday night the prisoner and another person came into my house about half after eight in the evening; they sat about an hour, drank a couple of tankards of beer, and smoked a pipe of tobacco. The prisoner came to me and said he wanted some supper; I showed him the parlour. He said that would do very well. When the supper was ready I called them out of the great parlour and told them the supper was ready, and followed them with this tankard with the remaining beer in it.

What time was that? - About a quarter or half an hour after nine; when I carried in the supper, I saw no more of them for a quarter of an hour or twenty minutes. I said to my man, these gentlemen must have done with the meat, and desired him to carry in the cheese, which he did. About a quarter of an hour after a person brought in the prisoner, and said to me, do you know this man? I told him that I did know him, for he had just had a supper carried into the little parlour. I opened the door of the parlour, the window was open, there was nobody in the room, and the tankard, the pepper castor, and the silver spoon were gone.

When the man brought him in did you know him again? - Yes; I knew him immediately. The window which was fastened, was open, the window-shutters unbolted, the curtain undrawn, and the candle left alight.

Are you sure when these men were left alone in the room, that the tankard, the pepper castor, and spoon were there? - Yes, I am certain of it; I carried in the tankard, and saw the pepper castor upon the table. He desired to go into the room; I went in with him, and he immediately began to pull the tankard out of his pocket; the lid made a noise; my boy took up his coat and said See! see! he is pulling the tankard out of his pocket; it was in his side-pocket. There was the mark where the beer had run down out of the tankard in his pocket.

Did he say any thing? - No, I do not recollect he said any thing. After that I took him into the great parlour to several gentlemen who were there smoking, to show them how he had served me. There he was further searched, and I saw this pepper box taken from him; it is my property, my name is upon it.

What might be the worth of these things? - Five or six shillings the pepper box, and four or five pounds the tankard. The spoon I have not got yet, that I believe his partner had.

These men were left alone in the room? - Yes.

Cross Examination.

This man was not quite sober I suppose? - I declare upon my oath I did not see that he was the least disguised in liquor; he had been three or four times at my house, and had behaved very decent and genteel.

Had he been in good company in your house? - Yes.

Prisoner. I wish to have the other witnesses examined separate.

(The witnesses were ordered to withdraw.)

Is the parlour in Newman-street, or Oxford-street? - The windows of the largeand little parlour both look into Newman-street.

- WELLINGTON sworn.

Last Tuesday se'nnight as I was going from my work about ten o'clock at night, I saw two men jump out of the window of Mr. Abbott's house. I went directly to the window, and seeing nobody in the parlour I suspected there was a robbery. I desired my fellow-servant to follow me, and I directly pursued them into Berners-street.

Did they both go the same way or separate? - Both the same way. I took the prisoner; the other was about ten or a dozen yards before him. I directly brought him back to Mr. Abbott's house, and asked him if he knew any thing of the prisoner; he said he had been there before and had had a supper there.

Did you go in with him when he went into the little parlour? - Yes. Directly as he went in he sidled up to a chair, and dropped the tankard in the chair.

Did you see him do it? - I saw the tankard drop from his clothes. After that we took him out of the little parlour into the great parlour; there I searched him; I took out of his hand a pepper-box, a pocketbook and some keys.

Have you these things in court? - The pepper-box I have; the pocket-book and keys the beadle has.

What sort of keys were they; a bunch of keys? - No, loose keys; one was a street door key with a hinge in the middle to shut it together.

WILLIAM LEGG < no role > sworn.

Were you with Wellington last Tuesday se'nnight in the evening going past Mr. Abbott's house? - Yes. Going past, about ten o'clock, we saw two men jump out of the window of the little room. My fellow-servant looked into the room, and seeing nobody, he said there was some mischief done. I followed him to Berners-street, there I collared the prisoner on one side, supposing he was the man who jumped out of the window.

Are you sure he is the man who jumped out of the window? - I cannot say, I lost sight of him; my fellow-servant was before me. We brought him back to Mr. Abbott's. When we brought him in, he was very desirous of going into the room; I said he should not go in till I saw Mr. Abbott. Then he went in; I stood at the door; I saw him with his hand shuffling in his pocket; I heard the tankard rattle, and immediately after I saw it on the chair.

Did you see him further searched in the other room? - Yes, I saw him searched, and the pepper-box taken out of his hand.

WILLIAM KAIN < no role > sworn.

How old are you? - Fifteen the first of last April.

Do you live with Mr. Abbott? - Yes.

Do you remember the prisoner coming to your master's house? - Yes.

What silver was in the room with them? - A silver tankard, a pepper castor, and a spoon.

Did you leave them alone? - Yes.

Did you carry in the cheese? - Yes.

Did you attend them? - Yes.

Was the plate there when you took in the cheese? - I did not observe it then, it was there when they went to supper. When I carried in the cheese they seemed to be in a surprise, and one of them sat down in the chair.

Had any body been in the room besides them except you and your master? - No.

Was the window fast? - Yes.

Did you see the prisoner brought in? - Yes. He took the tankard out of a pocket in the lining of his great coat. It was I who bolted the window before they went into the room.

PRISONER's DEFENCE.

I leave myself to the mercy of the court.

For the Prisoner.

ANN BIRD < no role > sworn.

I have known the prisoner between eight and nine months.

What is he? - A master tailor . I never knew any thing of him but what was just and honest. He made a suit of clothes for my husband. He kept a house in Blewitt's-buildings, Fetter-lane.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. RECORDER.