181, 182, 183. (M.) WILLIAM RICHMOND proceedingsdefend , WILLIAM CLAYTON proceedingsdefend , and JAMES ROSS proceedingsdefend were indicted for breaking and entering the dwelling house of Benjamin Bailey proceedingsvictim , on the 17th of January , about the hour of seven in the night, and stealing ten pieces of black ribbon, value 3 l. three pieces of lace, value 3 l. and thirty womens necklaces, value 40 s. the property of the said Benjamin Bailey < no role > , in his dwelling house . ||

Benjamin Bailey < no role > . I live in St. James's parish, near Leicester-fields . On Monday the 17th of January, about two o'clock in the evening, when I had just lighted candles , my shop was robbed .

Q. Was it light enough to distinguish any person?

Bailey. I think it was not, without having the candles. I am a haberdasher ; I was fitting in the back parlour; I went to take my things out of the window; my shop door was shut; in taking the things out of the window I observed the glass broke, and I saw some blood upon a paper; the blood was quite fresh; there were taken out of the window some silk ribbands and some head necklaces. (They are produced and deposed to by the prosecutor). There is one thing very particular; there were three remnants of different colours, two blues I think, but different in point of shade, and there was likewise a pink coloured remnant; they were that day all three on one block; I am very sure they were in the shop; I had seen them just before in the window. When Clayton was examined before the Justices, I observed his finger was cut; it then appeared quite fresh.

John Bailey < no role > . I am the prosecutor's brother; I was in the kitchen; at about six o'clock I heard the window break; I ran up immediately into the street, but saw nobody, nor did not then perceive the window was broke; for it was low down in the window; I was there at the time that my brother took the goods out of the window; then I observed it was broke, and I saw likewise the blood there; I had seen the goods that very day in the shop.

Elizabeth Evans < no role > . I keep a sale shop in Field-lane: these goods were brought to me on Tuesday afternoon; the prosecutor sent somebody about them on Wednesday morning; they were afterwards carried before the justice ; I gave fifty shillings, or some few shillings over, for them; I cannot exactly tell, for I did not set it down; I cannot swear the prisoner is the person that brought them; I think it may be; I am very uncertain.

Q. Did you ever see the person before?

Evans . I had seen him once before; he bought a shirt of me. The things were brought to my shop about three or four in the afternoon.

Isaac Evans < no role > . I am the husband of the last witness: I saw the prisoner that afternoon go out of the shop, about three or four o'clock ; I did not see what things he had brought.

Q. to Elizabeth Evans < no role > . When the prisoner was examined before the Justice, did you swear then that he was the person that brought the goods to your house?

Evans. Yes, I did.

Q. Can you swear to him now?

Evans. Yes, he is the person; it could be no other; my husband and I both went before the Justice , and the goods were carried there.

Elizabeth Murphy < no role > . I remember the three prisoners; they were at my house last Tuesday was a month, which I find is the day after the goods were stolen; one of them took a guinea out of his pocket to pay the reckoning; they did not frequent my house; they came there by a chance.

James Parish. I know all the prisoners very well: I am fifteen years old; the prosecutor lives as I think in Princes-street; I did not know the house before, and I don't know whether particularly I should know it now, but we were all four a going to Marybone to get a till; going by the prosecutor's house there was some ribbons and laces caught our eyes as we went by the shop where we took these things; the house was next door to a chymill's; William Clayton < no role > broke the window, and he took some wires out, and hooked the ribbons out with the wires, and he cut his fore-finger in doing it; he broke the window I think with his knife; Richmond stood at the corner of the street, and I took all the things that Clayton took out of the shop immediately to Richmond; I believe I had ten or twenty turns; Richmond, at the time I carried them to him, put them in his apron . We all four went then to St. James's market , and William Clayton < no role > told me he had sold two cards of lace for ten shillings, and gave me half a crown. I saw the ribbons; there were eight balls of ribbons and five cards of lace. Richmond took three cards and eight balls of ribbons, and sixteen necklaces to Evans's. We breakfasted next morning at Murphy's; there we burnt the ribband blocks, and the cards we threw away.

Dennis Macdonald < no role > . I took the prisoner; I went to Mrs. Evans's shop, and enquired about the goods; she denied she had any such thing; they were in a handkerchief, and at last she removed them from the place where they were at first; I found them concealed in the shop under the handkerchiefs. When I took Richmond I found the wires that have been produced upon him.

John Dixon < no role > . I assisted the constable in taking them; when we took Clayton his hand was cut.

Richmond's Defence.

I had been out on a message to my father's; coming back again, through Prince's-street, I met this Parish; he had a handkerchief in his hand with something in it; I said I was going home; stop, says he, I want to speak to you; he told me he had something in his handkerchief, that he said he found; I met Ross and him together; says he be so good as take this home; I said I dare not, my father will make a noise, what are they? he said he did not know, he found them; I went and put them in the yard where I live; the next morning we took them out and looked at them; they happened to be ribbons, necklaces, and laces; he asked me if I knew where he could sell them; I said no; he said I know, and asked me to go with him, I said I do not know whether they were honestly come by; he said he found them in Coventry-street, and he would give me something for my trouble; he asked me to go with him to Field-lane; we went there; he shewed me the shop; he said go in there and shew them the things, they will not ask you where you got them; I sold them to them there; when I came out again, and looked for Parish, he was gone; going up Holborn I met with him. Just as I was going into bed, one of them gentlemen came up and took me; I had no wire about me; the goods were not found upon me.

Ross's Defence.

Three gentlemen came and took me out of bed at my mother's, at eleven at night, and put me in the round house all night, and said I was concerned with Parish. I know no more of it than the child unborn.

Clayton's Defence.

I was at home along with my father and mother at the time it was done; I was playing with my play-fellows; one of them was chopping an apple and chopped my knuckle; that was about a week before I was taken.

Ross called his father, who gave him a good character.

RICHMOND guilty of stealing the goods, but not guilty of the burglary . T .

CLAYTON guilty . T .

ROSS acquitted .