260. (M.) William Martin proceedingsdefend was indicted, for that he on the 11th of August , about three in the night, the dwelling-house of Samuel Gomley proceedingsvictim , esq ; did break and enter, one half-pint silver mug, value 20 s. and one silver table-spoon, value 5 s. the goods of the said Samuel, and three men's hats, the property of James Simpkins, in the dwelling-house of the said Samuel, did steal . ++

James Simpkins < no role > . I am a servant in the house; our house was broke open, and a silver pint mug, and a silver table-spoon, and three hats, taken out, between the 11th and 12th of Aug.

Q. Where is Mr. Gomley's house?

J. Simpkins. At Isleworth : I saw the things safe there over-night. The plate was what we use in the kitchen, and was left there when we went to bed.

Susanah Jackson. I am servant there, we found the house broke open on the 12th of August in the morning; the kitchen-window was open, and he sash thrown up. The iron bars, on the outside, were wrenched off; the things mentioned in the indictment were taken away from out of the kitchen.

Mary Chansteene < no role > . I live at Richmond. On the 28th of August last the prisoner at the bar came and offered some silver to sell to me, about two ounces and a half, all knocked with a hammer, and cut and broke into small pieces. My husband not being at home, I did not buy it, but ordered him to come again on the morrow, but he came no more.

Jonathan Williamson < no role > . I live at Richmond: on the 17th of August the beadle and bellman were crying a hatcher at Isleworth; the prisoner was stopped by three gardeners: the bell-man said, there had been a house broke open, and they wanted to know who owned the hatchet. They said they had a suspicion of the prisoner. The week following, the prisoner came to Richmond, I imagined he would go to this house to sell the silver, I saw him knock at the door, and go in and come out again, with a paper with something in it, in his hand. I went, and told the woman, the last witness, my suspicions; she said he had offered some small pieces of silver to sell.

Benjamin Kitchen < no role > . The prisoner was fellow-servant with me at the George at Hounslow. My master heard there was a warrant out against the prisoner, and he had absconded (he had been gone a half a year from us.) In the morning, about nine o'clock, on the 6th of September, my master and I saw the prisoner: we knowing he was suspected of this robbery, took him: we were going to the justice with him; we came to a dirty lane, the prisoner was for going down that, so I went there with him, and my master went on the outside, in the field; when we were got into the lane, the prisoner said he wanted to stop to ease himself. He went down into a ditch as far as he could for water; he put his hand down among the lappels of his coat: I thought I heard something chink; when he was ready to go again, he went on to Isleworth. When we came to the constable's house, I asked the prisoner, if he did not drop something in that place, saying, I heard something chink; he said, he had not; then it was thought proper I should go back, and search the place. A baker lent me a horse, and I went, and among the weeds I found some small pieces of silver amongst the mud. When I thought I had got it all, I went with it to the constable's house, [ produced in court] After that, there were more such small pieces found in the prisoner's pocket.

Q. to S. Jackson. Look at these pieces of silver?

S. Jackson. I have seen them before we came here, I cannot swear they are part of our mug or spoon.

Q. to Simpkins. Did you ever find your hat since?

Simpkins. No.

Acquitted .