165. WILLIAM SMITH proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of George Porter proceedingsvictim , Esq ; on the 30th of November , about the hour of seven in the night, and stealing a carpet, value 15 s. the property of the said George, and two linen shirts, value 4 s. and four guineas, and two half guineas in monies numbered, the property of Charles Morieux proceedingsvictim , in the said dwelling-house .

(The witness being a foreigner , an interpreter was sworn.)

CHARLES MORIEUX < no role > sworn.

I live at Captain George Porter < no role > 's, Bolton-street ; in the month of November, I don't remember what day, it was between seven and eight o'clock, I was sitting writing in the garret, and three men came in, I don't know how they got in, for the door was shut, there was nobody in the house but me.

Do you know whether all the doors and windows were fast below? - They were all shut; I locked the door myself at half past six o'clock.

Did you look afterwards to see by what means they got in? - No, I was so frightened I was not able to look; I sent for the girl of the house to see if any thing was taken away; they took four guineas in gold and four half guineas from me, and two new shirts, and a black waistcoat; they were in a box; and they took the parlour carpet; as they were going down, I rang the bell and cried out, and they escaped through the parlour window.

Do you know the prisoner? - No, the fright I was in, made me lose all memory of them.

JOHN SHERWOOD < no role > sworn.

I found this carpet (producing it) about the first of December, in a cupboard in the house of Mrs. Burkitt, in consequence of an information through Fleming; Macmanus was with me when I found it.

ELIZABETH BURKITT < no role > sworn.

This carpet the prisoner brought to my house about three days before it was found, Fleming was at my house when he brought it; the prisoner came to ask for Fleming, two other men came in; what passed afterwards I do not know, for they went out of doors.

Fleming made use of your house as a place for concealing stolen goods? - He left things four times with me till called for, I never knew the contents of them.

You know we knew all these transactions before; did not Fleming make use of your house to leave goods in, that he bought of this description; plate and other things? - I never saw a bit of plate in my life.

WILLIAM FLEMING < no role > sworn.

On Friday the 30th of November, about eight o'clock, I went to Mrs. Burkitt's to buy a bit of fish for supper.

You had used Mrs. Burkitt's house to leave things you bought of this description? - Yes, I had; while I was there the prisoner brought this carpet, and asked me to buy it; but he said he would not dispose of it till two other men came in, John Durham < no role > This name instance is in set 2660. and William Waine < no role > .

Durham was convicted at a former sessions?- Yes, the other is not taken yet; Durham asked fifteen or sixteen shillings for it; I said it was a Scotch carpet, and worth no such money; I paid nine shillings and six-pence, and they divided the money; neither Smith, nor any of them in his presence, told me where they got it.

You carried on the ostensible business of a pawnbroker, and have, all the time you have been in business for yourself, bought goods of this description? - Not all the time.

You was taken up on another account? - I was sent for on Mrs. Burkitt's being in custody, to Sir Sampson Wright's, and he asked me if I knew the woman.

On that you offered to make a full discovery on being protected? - I did.

CHARLOTTE COOPER < no role > sworn.

I was at Mrs. Burkitt's; the prisoner brought the carpet there on a Friday.

THOMAS DAWSON < no role > sworn.

I sold that carpet to Captain Porter in the month of March last; it has a particular mark in it; the pattern runs imperfect all across; the leaf is turned the wrong way; I never saw one so before.

Morieux. I am sure it is the same carpet; there is a hole in it, by which I am able to know it.

The prisoner did not say any thing in his defence.

GUILTY, Of stealing the goods; but not guilty of burglariously breaking and entering the dwelling house .

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]