73. (L.) Edward Batton proceedingsdefend was indicted for that he , on the 3d of November . about the hour or at night, the dwelling-house of Bartholomew Price proceedingsvictim , did break and enter, and steal out thence one silver watch, value 20 s. one silver seal, two pair of silver shoe buckles, one iron stock buckle, and other things, and 17 s. in money, the goods and money of Francis Jones proceedingsvictim : And other things , the goods of Edward Thomas proceedingsvictim . +

Francis Jones < no role > . I went to bed about 11 o'clock the 3d of November ; the window shutters of the shop were secured ; but I can't tell whether the windows above were fastened or not. As I was going to bed my mistress called me down; I found her in a fright, she told me there were thieves in the house, for she had found the tongs put into the buroe, in order to wrench it open. Upon that we went to searching the house, and sent to mr. Price, at the next door, who came and informed us, that he saw a man, naming the prisoner at the bar, about the door. I immediately suspected him, went in search of him, and found him in Chick-lane, in a court; there was a young woman in bed with him. In searching, the constable found my watch, a pair of silver shoe buckles, and a silver seal, produced in court and depos'd to. We took him that night to Wood street compter, where he delivered another pair of shoe buckles, a pair of knee buckles, and a stock buckle of mine, produced in court and depos'd to.

Q. Did he say how he came by them?

Jones. No, he did not; but he acknowledged them to be mine: There was a pair of breeches, one shil ling, and one halfpenny found in one of the pockets.

Q. Which way do you imagine he got in?

Jones. There were two panes out of the garret window, where I suppose he got in.

Edward Thomas < no role > . We have a window in a lumber-room, which we seldom go into: there were two other windows near that which we never used to open, and that night there were two of them opened.

Eleanor Williams < no role > . The prisoner knocked at the house of mr. William Price < no role > where I live, next door to where the robbery was committed ; on the 3d of November, about 7 at night, he shewed a note, and pretended he wanted an answer to it; and said he shouldr be glad to have a little small beer: on which I gave him a candle to draw some, but did not see him come up again.

Q. Did the prisoner go up stairs ?

Williams. I can't say where he went.

Joseph Read < no role > . I was constable, and on duty that night ; about half an hour after eleven the evidence and others came to me, and told me in what manner they had been robbed, and their suspicion of the prisoner: and that they had got intelligence he was at a house in Black-and-White-Court in the Old Bailey. They would not let me in for a good while, and when I was, the man of the house told me, the prisoner had been there about nine o'clock, but was gone to Chick-lane: he went along with us, and we found him there, at the house of mrs. Dale, a lodging-house. She conducted me to the room door, and call'd his wife by name, who got out of bed, and opened the door. I staid till we could get in again, and then went in, where lay a new-hat on the table, on the left hand. Mr. North, who was with us, said, this is mine: I bid the prisoner get out of bed, which he did, and sat on the bed-side; he took up his breeches, and took out the case of a gold watch, produced in court, which mr. North said was his. The next thing we found was the silver watch, produced in court; after which he pulled out a pair of silver buckles. There was a bundle of things in the room, consisting of several shirts and stocks ; which mr. Price's footman said were his. Then we searched the room, and between the bed and sacking of a bed we found a silver snuff-box, the property of mr. North. I took him to the compter, and the next day before my lord-mayor, when he owned he took the things there produced.

Prisoner's Defence.

I said I had the things; but was in liquor, and don't know how I came by them.

Q to the constable. Was he in liquor when you saw him ?

Constable. I did not perecive he was.

Q to Jones. Was he in liquor ?

Jones. No; not as I cou'd see.

Guilty of the felony, acquitted of the burglary .

There was another indictment against him for stealing the other things; but that not being laid cu pital, he was not tried upon that.

[Transportation. See summary.]