534. SAMUEL PEYTON proceedingsdefend This name instance is in set 1392. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 3d day of May , one watch, with gold enamelled case, value 7 l. and two cornelian seals, set in gold, value 3 l. the property of William Henry Bunbury proceedingsvictim , Esq ; in his dwelling house .

WILLIAM HENRY BUNBURY < no role > , Esq; sworn.

I live in the Office belonging to the Paymaster General.

Have you a lodging there, or is it the name of the house? - The ground floor is the office, I have all the upper part of the house.

Who does the house belong to? - It belongs to government, I apprehend.

Do you hire it, or is it given to you? - It is given to me, I have the first floor, second floor, and the garrets; I lost an enamelled watch, and two seals set in gold, the beginning of this month, but the hour of the day I cannot precisely say.

Whose house do you call this; who is the officer that lives there? - I look upon it to belong to the Paymaster.

Who had the lower floor here? - It is the publick office.

Then you properly call it the Paymaster's house, or the government's house? - Yes.

Mr. Garrow. I shall certainly, my Lord, standing here for the prisoner, contend this is not the house described in the indictment.

Mr. Baron Perryn < no role > . I believe there will be no occasion to trouble you.

Mr. Justice Willes. The only difference is, if it is not stealing out of the dwelling house, it is not a capital offence, that is all the difference.

Court to Prosecutor. Where did your watch hang? - It generally hung at the bed's head, my bed room was on the second floor.

What might be the value of it? - I cannot positively say, it cost me seventeen guineas, there were two cornelian seals set in gold; on Monday the 3d of May, when I came home in the evening, my wife said she had been very much alarmed, that a strange man had been found in her dressing room; I did not miss my watch till Thursday following; Mrs. Bunbury was taken ill that night, and I did not think of my watch; I did not usually carry this watch in my pocket, it was the watch she used to wear; I went the next morning after I missed it to Bow-street, and had it advertised, and there I found my watch and the prisoner, on whom it was said to be taken.

Mr. Garrow. Do you recollect at all how long before it was you had seen this watch? - I cannot.

Being Mrs. Bunbury's watch, you had not frequently seen it? - No, it generally hangs at the bed's head; I cannot say upon oath, but I think it was at the bed's head the day before, which was the 3d.

You did not miss it till the 6th? - No.

Did the prisoner in your hearing give any account how he came by the watch in Bow-street? - Yes, I think he said he won it at cards, that he played three guineas against it to the best of my recollection; he said it was in some alley out of Leadenhall-street, but he could not describe it; the prisoner has totally altered his dress since he was at Bow-street, and he had his hair tied.

JOHN LEBAR < no role > sworn.

I belong to Bow-street Office; I and another man apprehended the prisoner on the 3d of May about four o'clock.

Court to Prosecutor. What time on Monday, the 3d of May, was it you came home? - I did not come home till evening, but there is a witness that will speak to the time he was seen.

Mr. Garrow. I beg Mr. Bunbury's servants may go out of Court.

Court to Lebar. Where did you apprehend him? - In Pearl-street, Spital-fields; I imagine he was just come from his father's house; I apprehended him on another affair; I seized him in the street, we put him in a hackney coach in Bishopsgate-street, and conveyed him to Bow-street; I searched him directly as he got into the coach; I found this watch upon him in his right-hand.

Was it in the condition it is in now? - Yes.

(The watch produced, and deposed to by Mr. Bunbury.)

Court. Did the prisoner give you any account of that watch? - He said he had won it that day at cards, at a coffee-house in Leadenhall-street.

Court to Prosecutor. Is it gold enamelled? - Yes.

Are the seals set in gold? - Yes.

Court to Lebar. What became of the watch? - I have had it ever since.

Are you sure it is the watch you took from him? - Yes.

Mr. Garrow. What distance is it from Whitehall to the place you apprehended the prisoner? - About three miles.

Near his father's house? - Yes.

Did he persist in the same story at Bow-street? - I believe he did.

Has he been uniform in that story? - Yes.

Leadenhall-street, where he describes, is near the place where you apprehended him? - About three-quarters of a mile.

Is it in the road to his father's house? - It is in that neighbourhood.

ISAAC PETCH < no role > sworn.

I am servant to Mr. Bunbury; I saw the prisoner come to my master's apartments between two and three, as near as I can guess.

What did he come there for? - He enquired for a young lady whose name I cannot remember, he was in the dressing-room when I saw him.

Prosecutor. The door is open at the bottom of the stair-case.

Court to Petch. Was any body in the room? - No.

What did you say to him? - My mistress was in the drawing-room, and she was ending me up for a sheet to lay on the sopha; I asked him who he wanted, he said he had been knocking this half hour, and could make nobody hear, and he mentioned the name of Miss somebody, which I cannot remember, and I told him there was no such person in the house; he moved his hat, and said he was sorry for the trouble he had taken.

Was he dressed as he is now? - No.

Are you sure that is the man? - Yes; I called the maid servant, and asked her if she knew that gentleman; she said no; he also moved his hat to her and went down stairs, and I followed him; he moved his hat at the door, and said he was sorry for the trouble he had taken; the door was upon the latch, and he opened it and went out.

Are you sure this is the man? - Yes.

Court. Is not there a door out of the dressing-room into the bedchamber? - Yes.

Mr. Garrow. How was the prisoner dressed? - He had an olive green coat on, and a round hat, and his hair was tied and very elegantly dressed.

Had you ever seen that person before? - No.

How soon did you see him again? - In Bow-street, he was charged with this robbery.

He had a fetter upon his leg? - Yes, he had.

All that corroborated a little towards inducing you to swear him? - Yes, Sir.

This was at the distance of four days? - Yes.

You had not seen him in the mean time? - No.

Is the stair-case light? - Yes, very light.

Could you have sworn to the man if you had met him in the street, would you have said that is the gentleman that was at our house? - Yes, Sir, I saw him there.

And that helped you pretty much? - No.

You say you think you should have known him? - Yes.

Why a flap round hat does not help one much to know a man again; was his hair well dressed at the Justice's? - I do not recollect it, his coat was a sort of olive green, inclinable to brown.

That is pretty difficult to describe; did you swear to him at the Justice's? - Yes.

Positively? - Yes.

Could not your fellow servant see him as well as you? - He was a very pale faced young man.

And you following him, and seeing the back of his well dressed head, could swear to his pale face? - She did not see his face not two minutes.

How many minutes might you see him? - Not long, I do not know how long; Mrs. Harris said, she believed him to be the man.

You are not sure that you should have known him any where but at the Justices, with a fetter on, standing at the bar? - No, Sir.

Court. I think you said before, you should have known him, are you sure that is the man by seeing him fettered, or by the recollection you have of his person? - I am sure that is the man that was in the house.

Court to John Lebar < no role > . You took this prisoner about four in the afternoon; was his hair tied or not? - Yes.

Can you recollect the colour of the coat he had on? - It was green.

Was he genteelly dressed at that time? - Yes, he had a green and gold waistcoat on.

Court to Petch. Do you recollect his waistcoat? - No, I do not.

You see if he was the man he had hardly time to change his clothes.

Prisoner. My Lord, I wish to ask the witness a question.

Court. You had better write it down and send it to your Council.

Mr. Garrow. What time of day was it that you saw this person in your house? - As near as I can guess between two and three, or a little after three.

What did you say about the hour at the Justices? - I told him it was about two or three.

Are you sure of that? - Yes; I do not recollect particularly.

Did not you say it was between four and five? - No, Sir, I did not.

Upon your oath you did not say that? - I am sure I did not say that, I said between two and three.

MARY FOLEY HARRIS < no role > sworn.

I saw a man at the door of my lady's dressing-room, the boy called me, and asked me if I knew that gentleman; the boy said he came up stairs to enquire for a gentlewoman with a French name, I have forgot the name; I told him I knew no such person, and he pulled off his hat, and said he hoped I would excuse the liberty he had taken; I cannot say whether the prisoner is the man; it was between two and three o'clock.

Prosecutor. The stair-case opens to the hall and the door was open.

PRISONER's DEFENCE.

I went to the Coffee-house in Leadenhall Street, between seven and eight in the morning, and after I had been there the space of half an hour, t here came in this man and offered this watch to sell, to two or three, and he came to me, and I played him three games at cribbage for three guineas a game, and won this watch of him.

Court to the Prisoner. What is your father, Sir? - A master Stone-mason.

WILLIAM WESTON < no role > sworn.

I have known him somewhat under two years, never knew but he was a hard working young fellow, he is a Stone-mason, his father is a Stone-mason, he works under his brother of the same business, I keep the Horse and Groom, in King-street.

Court. Did you ever hear of his being in Newgate before? - Never in my life, I never knew he was.

Court to Jury. With respect to the capital part of the case you will be relieved; for the prosecutor lives in the Invalid office, which is an office under government, he is permitted to reside there. Now a chamber, in a college, or an Inn of Court, where each inhabitant has a distinct property, is to all intents and purposes the mansion house of the owner; so also is a room or lodging in any private house, the mansion for the time being, if the owner does not dwell in the house; but if the owner lives there it is to be considered as the house of the owner: therefore this not being in acceptation of law, as stated in the indictment, the dwelling house of William Henry Bunbury < no role > , although you should be of opinion, that this young man was guilty of stealing the watch, as to the capital part of the charge you must acquit him.

GUILTY Of stealing, but not in the dwelling house .

Transported for seven years .

Tried by the Second Middlesex Jury before Mr. Justice WILLES.