248. (M.) Richard Osborn proceedingsdefend was indicted, for that he on the 23d of Jan . about the hour of 12 in the night, the dwelling-house of Eliz. Markham proceedingsvictim , widow , did break and enter, with an intent the goods of the said Elizabeth to steal, take and carry away .*

Eliz. Markham. I live at Chelsea ; about 12 o'clock at night, the 23d of January my daughter came to my room with a candle in her hand, and said there was some body had broke into the kitchen. I was just got into bed. I said it was the cat, she said she was sure she heard the drawers move as they opened, and somebody stir the fire. I arose and went down and saw nobody; I searched the coal-hole. I went to bed again, and lay till five o'clock next morning. As I was making a fire, I heard a great snoring, I looked into a place where I lay my coals, the place were I had looked in before; there I saw a man's legs as far as his breeches knees. I went out and called a neighbour or two, he was snoring hard when I came back, I took him hold by the shoulders, and when he got up, I found him to be a neighbour's son, the prisoner at the bar, he is about seventeen years of age. I asked him, what he did there? he said two strange men shov'd me in at the window after they had made him drunk. I asked him, what he came there for? he said, to carry away all he could find. A little time afterwards he said one of the men was named Hargrave, and some time after that, he said the other was named Stevens; he owned the same before justice Fielding.

Q. Did he say what window?

E. Markham. No, he did not, but I believe I know which window; but I cannot say whether the same window was open or shut over night, neither can I say for certain, which window he came in at ; there was a little wooden sliding shutter to one pane of glass that was open.

Q. Had he meddled with any thing?

E. Markham. No, he had not; I missed not any thing.

Q. Did you search him?

E. Markham. I did not, my lord, he confessed opening the drawers, and shutting them again.

Q. Where there any things in the drawers, that he could take away?

E. Markham. Yes, my lord, there were, which he might have put into his pocket.

Q. Was he in liquor?

E. Markham. He was, my lord, I don't know but he may be an honest lad.

Esther Markham < no role > . I am daughter to the prosecutrix; on the 23d of January, about 12 at night, I heard something come slump upon the stairs; I thought it was the cat, and I heard the drawers open in the kitchen, and the fire stir; I went to my mother, she was a-bed, we went down into the kitchen, I opened the drawers and found nothing gone; my mother looked in the coal-hole and saw nobody there, we went to bed again ; next morning about 5 o'clock, I heard my mother come up stairs again, after she had been down, very nimbly out of the kitchen and opened the street door; I asked her where she was going, she said to me hold your tongue, saying, there was a man asleep in the kitchen ; she called two of our neighbours in, I went down stairs, and saw them bring the prisoner out of the coal-hole; I heard my mother ask him, what he came there for? he said two men pushed him in at a window.

Q. Was the window fastened over night?

Esther Markham < no role > . I don't know whether it was open or shut, he did not wrong us of any thing; there were many things about the kitchen and in the drawers, that he might have taken if he would. I believe he was very much in liquor; I have known him ever since he was a child, he may be very honest for what I know.

Acq .