353. (M.) JOHN CHRISTOPHER proceedingsdefend was indicted, for breaking and entering the dwelling house of John Dobbs proceedingsvictim , on the 2d of March , about the hour of one in the night, and stealing two silver tea spoons, value 4 s. one pair of silver tea tongs, value 3 s. fifteen linen sheets, value 30 s. four corded dimity bed curtains, value 20 s. fix damask linen clouts, value 4 s. one stuff coat of a toilet table, value 1 s. three muslin handkerchiefs, value 9 s. four linen aprons, value 4 s. three pair of woollen blankets, value 30 s. one linen bed quilt, value 8 s. three linen table cloths, value 6 s. three linen breakfast cloths, value 3 s. three linen napkins, value 3 s. fix linen dusting cloths, value 1 s. 6 d. two pillows, value 2 s. six-linen pillowbiers, value 6 s. one harrateen window curtain, value 1 s. one check window curtain, value 1 s. two woollen packing cloths, value 3 s. two linen towels, value 1 s. one lawn ruffle, value 1 s. three pair of linen shift sleeves, value 9 s. two yards of long lawn, value 16 s. and five iron keys, value 5 s. the property of the said John, in his dwelling house .

Sarah Moulds < no role > . I am servant to Mr. John Dobbs < no role > . I take care of his house at Kingsland-green ; the family were in town; Mr. Dobbs lives in London; I fastened up the house on Monday night; on Tuesday morning I found the gate unlocked, and the door double locked; I missed nothing then. The next day ( Wednesday,) I went to the house again, about two o'clock in the afternoon; I found the gate unlocked again, and the door double locked; when I went in I found a tea-chest in the parlour broke open, and a cupboard door was broke open; I went up and found the house had been robbed, and missed the bedding and the clothes out of the closet; the locks of the doors were all opened but the street door, and the keys were carried away; I apprehended he got into the house by a key; I saw all the doors and windows were fast, about eleven o'clock on Tuesday night; I heard the dog bark about twelve o'clock; I opened my door and every thing was still. I missed the things mentioned in the indictment (repeating them.)

Q. from the prisoner. Whether you ever saw me near the place?

Moulds. I think I have seen him begging in the neighbourhood.

Elizabeth Davis < no role > . I am Niece to Mr. Dobbs; I was in town with my uncle on the 2d of March: this Mrs. Moulds's husband came to inform me that the house had been broke open; I went down and discovered the things missing which are mentioned in the indictment; I took the inventory of them myself. On the 11th of March as I was passing thro' Grub-street, I by accident saw a handkerchief hanging at the door of an Old-clothes-shop; I knew it very well; it was my own work, and had my own mark in the middle; I asked the price of it; the woman whose name is Sarah Shaw < no role > said half a crown; I went home and sent the last witness to buy it; I went to Sir John Fielding < no role > 's next day; he sent two constables with me to the shop; I told Mrs. Shaw < no role > I insisted she should tell me who she bought the handkerchief of; she said she had bought one lawn ruffle and two other handkerchiefs besides, which she produced; the ruffle was my aunt's, and she said she would produce the man, of whom she bought them; she said he always passed the door between twelve and one o'clock, and that if Sir John Fielding < no role > 's men would attend, she would point him out; they did attend and apprehended the prisoner.

Sarah Moulds < no role > . I bought this handkerchief of Mrs. Shaw, (producing it.)

Miss Davis. This ruffle is my aunt's property; it is my own work; it was taken out of a closet in a one-pair-of-stairs bed-chamber; I had it in my hand the week before, my aunt wore it the day she came to town. Mrs. Shaw said the man had sold some other things to Mrs. Bruin; I went there and found five sheets, three aprons, a gown, two shifts, and an old night shift; they were Mr. Dobbs's property, and 3 pair of new shift sleeves unmade, half a yard of cambrick cut into slips, and pretty near a yard of cambrick besides.

Sarah Shaw < no role > . I keep an old clothes shop. I bought these things of the prisoner; he sold me this ruffle, and the half handkerchief; this ruffle I had sold again, and I fetched it back. Seven days after that I bought this mole handkerchief of him; this is the ruffle that I carried to Mrs. Dobbs's; he shewed me some other things which I did not buy; there was about a yard of new cambrick, three pair of new shift sleeves, and a good many slips of lawn: I did not buy them; then he went to Mrs. Bruin; he came back and shewed me the money; he said it was 4 s. I saw 2 s. and some half pence; he told me he was a dealer in old-clothes; I always took him for such; I told Miss Davis < no role > I knew who I bought them of; Mr. Phillips came next day and staid in the house about four hours, when I saw the prisoner pass the end of the street.

Jane Bruin < no role > . I bought these things ( producing them) of the prisoner; I cannot remember the day of the month exactly, I believe it was about the 6th of March; one of the sheets Mr. Dobbs swears to, but I am positive it is not his; there were three coarse sheets; I sent for some black silk to mark them, as I thought to keep them for my own family. I gave him 26 s. for one parcel, and 4 s. for some pieces of cambrick; I thought he had been an old clothes man.

Prisoner. She is mistaken in the man. I sold her a blue china gown.

Bruin. I am certain he is the man I bought these things of.

William Barret < no role > . I was along with Mr. Phillips, and I found these things.

Percival Phillips < no role > . I apprehended the Prisoner in Chiswell-street, it was not far from Mr. Dobbs's; I took him there; I made his hands fast immediately, and in his coat pocket I found this curtain, and in his waistcoat pocket I found this picklock ( producing them,) it will open most doors.

Q. Is it a common picklock key?

Phillips, Yes; and one of the best sort; he said he found it; I asked him where he found the curtain, he gave me no answer. I took him to Sir John Fielding < no role > 's; Sir John asked where he lived: he gave a false direction where he lived.

Miss Davis and Sarah Moulds < no role > deposed that the curtain is Mr. Dobbs's property.

Prisoner's Defence.

I am a dealer in old clothes in Ragg-fair; I bought this curtain; I know nothing of the other things; I am lame and could not do such a thing; as to this thing they call a picklock, I picked it up in Moorfields.

He called two witnesses who gave him a good character.

Guilty of stealing the goods, but not of the burglary . T .