394. THOMAS WARD proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Walter Powell proceedingsvictim , about the hour of eight in the night, on the 28th day of January last, and burglariously stealing therein one copper boiler, value 15 s. four copper bars, value 1 s. one iron bar, value 1 s. one pewter plate, value 2 d. eight iron keys, value 4 d. one brass lock, value 6 d. one pair of leather breeches, value 5 s. one cotton bedgown, value 1 s. one callico bedgown, value 4 s. one linen shirt, value 3 s. on e muslin apron, value 3 s. one pair of cotton stockings, value 9 d. one pewter tea-spoon, value 1 d. one cloak, value 4 s. one feather bed, value 30 s. one iron grate, value 6 s. and one china teapot, value 2 d. his property.

WALTER POWELL < no role > sworn.

I went out between five and six in the evening, and left all safe; it was not very light when I went out; the window of the kitchen was shut, and I have often tried to open it, and never could; the sashes were fast, and I believe the shutters were not shut; between eight and nine I was informed the house was broken open; I went as fast as I could towards home; the prisoner was in custody, the lock was on the street door as I left it; the top sash of the window was almost down, nothing more was done to the window; and the area door open, the window was broke before I went out; there was the impression of a man's foot upon the window, with dirt, withinside the dresser; some marks appeared to be shorter than others; the area door was open, it opens into the house, fronting the stairs, between the two kitchens; there is a passage between the two kitchens; the smallbeer barrel was taken out of the kitchens, and put in the area, just the side of the street door, where it appeared they had had the goods up that way, there was a good deal of dirt at top of it; I left the barrel in the kitchen, under the dresser; I went up stairs to my apartments; there was one bar that was under the copper laid down the outside of my door, on the landing place one pair of stairs; the bolt of the lock of the bed room door was sent, and the staple on the floor; the bed and bolster were rolled up, ready to carry off; a cloak, value 4 s. and my buck-skin breeches, value 15 s. the copper which is fixed in the kitchen was taken away, and is not found.

Court. That is a fixture? - The prisoner confessed at the Rotation-office.

Mr. James, Prisoner's Council. Was there any promise given to the prisoner, that in case he confessed it should be better for him? - Not that I know of; I never asked him to confess, nor said any thing to him, nor I never heard any.

Must you have heard it, if there were such words used? - I was there all the time he was examined, but I never heard any such thing.

Was he threatened at all? - No.

Court. Then tell us what he said? - At the Rotation-office in Litchfield-street, the Gentlemen asked him what time he entered the house? he said that he and one May entered the house about eight at night.

Court. Can you speak with a certain recollection, that he mentioned the time? - Yes; and the Gentlemen asked him whether he carried the goods? and he said it was May that carried the goods away, but where he could not tell.

Mr. James. Was this the first question the Justice asked? - I did not hear any before.

You say it was rather late when you went out? - Yes.

Did not it appear to you that there had been great force and violence used? - Yes.

How long had you been in possession of the key of this house? - From last Midsummer, I received it from one Mr. Brooks.

Where is Mr. Brooks gone? - Mr. Brooks intended to return.

Was this house furnished? - No, only some fixtures.

In short, what fixtures there were, and some other furniture in different parts of the house which you did not occupy, belonged to Mr. Brooks? - Yes.

And he intended to return to the house? - Yes.

Mr. Brooks, when you had the key, was about coming to live in the house? - Yes, me and my wife had the liberty of living in this house for Mr. Brooks, whose house it was; we used one room up stairs, we had the liberty of going all over the house, but two rooms.

Court. Was you paid any thing for keeping this house? - I do not know.

Mr. James. You paid no rent for this house yourself? - I do not know; I do not rent the house.

Mrs. POWELL sworn.

Court. Have you been paid any thing for keeping this house? - No.

Was there any furniture of Brooks's in it, or only fixtures? - Nothing but fixtures.

Did you take this house? - No, my Lord, we have not taken the house; we had warning about six weeks before Midsummer to quit the house; it was full of lodgers, it was let in tenements.

Was you a lodger formerly? - Yes.

When you was a lodger you paid rent? - Yes, seven pounds a year.

Have you paid any thing for the time you have been in it since? - I had liberty to stay in the house from Mr. Brooks; he said he wanted the apartment that I had, to bring his own furniture in; I asked him to let me go up into the garret; and he said, if I would not damage it I might: a pewter spoon was found on the prisoner in the watch-house, but nothing else; all the things that were described by my husband, were missing, and more; I attended at the Rotation-office the next day, and the prisoner was examined at the Rotation, and the Justice asked him what time he came into the house; and he said about eight, and one Robert May < no role > carried the goods away, he did not know where.

Was he threatened at all, or any offer made him? - No.

THOMAS LEWIS < no role > This name instance is in set 1546. This set is in the group(s): GarrowsClients . sworn.

I saw the prisoner on the wall of this house between eight and nine at night, I took him immediately.

The Watchman and Beadle deposed that they took the prisoner to the watch-house, and found in his pocket a pewter tea-spoon without a mark.

Prisoner. I have nothing to say.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.