209. (M.) John Hartley proceedingsdefend , was indicted, for that he, on the 4th of April , between the hours of nine and ten in the night, the dwelling-house of John Dupree proceedingsvictim did break and enter, two flat irons, value 3 s. in the dwelling-house of the said John, did steal, &c . ||

John Dupree < no role > I live near St. Gyles's pound . On the 4th of April, about half an hour after nine at night, as I was In the fore shop, the child was in bed, I heard it cry; after which some thing forced against the door in the passage; I went to open it, and saw a man who ran out; he had on such cloaths as the prisoner had when taken; but I can't swear to his person; I found the casement was taken off, and a piece of my leaden pipe, that was fastened to the wall, broke or cut off; the bed was turned up towards the window, in order for carrying away, and my child almost smothered in the blankets.

Acquitted .

He was a second time, indicted for stealing a piece of leaden pipe and a brass cock fix'd to the dwelling house of the said John Dupree . ||

There being no other evidence, he was Acquitted .

He was a third time indicted for stealing one Piece of leaden pipe with a ball cock, value 10 s. fixed to the dwelling-house of Frederick Rosingburgh proceedingsvictim , April 4 . ||

Frederick Rosingburgh < no role > . I live in Tyburn-road, in the parish of St. Ann's . On Saturday last I heard a gushing of water, and went out; my pipe was cut that was fix'd up to a party-wall in my yard, and the water flying about; I had a candle in my hand; the prisoner ran by me into the house, and up stairs; a person that lodges above, met him, with a candle in her hand, upon the top of the stairs; he ran down again, and I took him by the coat; he was secured; I saw him drop the ball cock, and the leaden pipe was found doubled up near my door.

Guilty .

[Transportation. See summary.]