499, 500. (L.) Thomas Darby proceedingsdefend and James Bunce proceedingsdefend were indicted for breaking and entering the dwelling house of John Powell < no role > , on the 12th of July, about the hour of one in the night, and stealing one silver pap spoon, value 3 s. two silver tea spoons, value 2 s. one silver pepper-box, value 4 s. one silver salt-seller, value 3 s. one silver milk pot, value 3 s. one silver nutmeg grater, value 2 s. one silver chain, value 2 s. and one pair of steel scissars, value 6 d. the property of Susannah Powel < no role > , spinster; and three silver table spoons, value 15 s. one silk purse, value 1 d. one leather bag, value 1 d. two guineas, ten half guineas, six quarter guineas, a nine shilling piece, a 4 s. 6 d. piece, and thirty shillings in money, numbered, the property of John Powel < no role > , in the dwelling house of the said John . *

John Powel proceedingsvictim . I live in Goswell-street . My house was broke open on the 12th July , at night, or the 13th in the morning, and a silk purse in which was ten half guineas, a leather bag containing about thirty shillings, and six 5 s. 3 d. pieces, one nine shilling piece, and one 4 s. 6 d. which were in a tea-cup, and three silver table spoons, my property, were stolen out of a bureau in my parlour; and a silver milk-pot, a silver nutmeg grater, a pepper-box, a silver salt-seller, a silver chain, and a pair of steel scissars, the property of my sister. I fastened the window myself over night, and when my kinsman called me up in the morning I found the bottom hinge of the window shutter was forced off by drawing the nails, and the sash was half up. I saw the things the preceding night about seven or eight o'clock. I was sent for to Wood-street Compter, and saw the plate there (the plate produced.) I can swear the three table spoons are my property; they are marked J. A. P.

Susannah Powel proceedingsvictim . I was called up between two and three in the morning. I found the cupboard had been broke open, and the plate stolen. I saw the plate in the cup board the day before. I can swear that all this plate is my property, excepting the three table spoons.

James Holmes < no role > . I am nephew to the prosecutor. I got up about two o'clock in the morning to go to market, and found the house was broke open; the window sash was thrown up, and the bottom hinge was wrench'd off. I am positive that the plate produced here is my uncle and aunt's property.

Isaac Brown < no role > . I am a constable. I was at the Compter about business; Henry Dickenson < no role > came up, and said, that Thomas Darby < no role > was in the inner part of the Compter with a quantity of plate; one of the turnkeys went and fetched him out, and we found the plate that has been produced upon him. I asked him how he came by it; he said, he found it in the fields. Dickenson (who is now in Newgate for a burglary) said, that Bunce was concerned with him. We went to take Bunce; Dickenson tempted him out, by pretending to buy some of the plate, and then we took him.

Thomas Kingman < no role > . I live at Wood-street Compter. Dickenson came into the Compter, and asked us to go with him to take Bunce; we went and took him. I searched his house, and under the boards I found two pistols, three chissels, and a pair of pincers.

James Brown < no role > . Wood, Kingman, and I, went to search Bunce's lodgings, and I found these pistols (producing a horse and a pocket pistol;) the horse pistol was loaded with two slugs, the pocket pistol with one, and we found three chissels and a pair of pincers. (Producing them.)

Michael Wood < no role > . I was at the searching Bunce's lodgings. We found the pistols and chissels buried under the ground, in the right hand corner of the fire place. I drew < no role > the slugs out of them. (Producing them.)

Bunce's Defence.

I was, walking along, and Brown took me into custody, and carried me to the Compter; they said, a house was broke open. I know nothing of the matter. Darby has an impediment in his speech, so that he can't speak here. He told me he found the plate in the fields.

Darby acquitted of the burglary; guilty to value thirty-nine shillings . T .

Bunce acquitted .