184. (M.) JOHN ROBINSON proceedingsdefend was indicted for breaking and entering the dwelling house of Edward Horner proceedingsvictim , on the 19th of January , about the hour of seven in the night, and stealing one cloth coat, value 2 s. one fish skin pocket book, value 1 s. one pair of spectacles, value 6 d. a linen bed gown, value 1 s. a linen sheet. value 1 s. and a silk handkerchief, value 3 d. the property of the said Edward, in his dwelling house . *

Edward Warner < no role > . I am a surveyer of the excise : I live in Titchfield-street, Soho . On Sunday the 19th of January I went out to dinner; when I came home, about ten o'clock at night, I was informed by my daughter, who I left at home, that my house had been broke open; I lost my coat, and some excise books which were in my pocket; a sheet, and a bed gown were taken off the bed, and there was a pair of spectacles in my coat pocket; they were all in a back parlour on the ground floor.

Q. Did you observe any marks of violence done your house?

Warner. No. Mr. Kenrick gave me my pocket book, about ten o'clock the same night, at Justice Welch's. My spectacles and two excise books were in the pocket book. Mr. Kenrick, the gentleman that took the prisoner, came and informed me of it that night; soon after I got home, he produced the books, which I claimed as my property. I went with Mr. Kenrick to a public house in Broad St. Giles's; there I saw the prisoner.

Q. Did you hear him say any thing?

Warner. No. I went home, and the next morning went to Justice Welch's, at about eleven or twelve o'clock; there I saw my black coat and these books, and my spectacles. The prisoner there said he met an acquaintance that gave them to him; this is the coat (producing it); when I went out to dinner it was lying on the bed in this back parlour; when I went out I locked the door of that room; this pocket book was in the pocket at that time.

- Horner . I am the prosecutor's daughter: my father went out about twelve o'clock; I staid at home till about one, then I went to church.

Q. Did you lock the door?

Horner. I pulled the door after me; it is always on the latch. After I returned from church, and had drank tea, I read a chapter; I thought I heard the door open; it is always on the latch.

Q. Was the parlour door locked then?

Horner. I cannot say that; my father left the key with me. I went into the parlour about five o'clock to shut the windows.

Q. Did you observe whether the coat was there?

Horner. I did not look upon any thing of that sort; I cannot be sure whether I shut the parlour door or not.

Q. What time was it when you thought you heard a noise and the door unlatch?

Horner. Between six and seven; after I had read the chapter I thought I would go and see whether the door was fast; I went up and found the chamber door open; that was about seven o'clock; the street door was open too; I heard somebody in the parlour, and when I came up stairs I saw a man run out, and run into the street; he seemed a more bulkey man than the prisoner; I cannot be sure; I was greatly frightened; I ran out after him to the street door; I knocked at the door; I was so frightened it took my speech away; we went in directly as soon as the neighbours came; I missed nothing at that time but the sheet off the bed; I did not miss it till Kenrick came. The bed top and sheet are my father's property; they were upon the bed in the back parlour.

Stephen Kenrick < no role > . A relation of mine, Joseph Collins < no role > , had been robbed on the Friday before this Sunday, and had applied to me on this Sunday to go in search of the thieves; we went into Holborn, and seeing two men going along, one with a bundle on his back, Mr. Collins said he was sure he was the man that had robbed him; this was about eight o'clock; I went up to them; as soon as I came up they turned about and immediately crossed the way; the prisoner had a bag with him; I laid hold of him, and asked him what he had got; he would not answer; I took him to a public house, the Windsor Castle ; then I asked him again what he had got in his bag; he said he did not know; I asked him where he had got it; he said at St. Giles's, of one Mr. Brown; I searched the bag, and in it found abundance of things, and among other things this old black coat, and the pocket book and spectacles now produced. Seeing the book contained entries of candles, we went to a tallow chandler's, who sent to an excise-man in the neighbourhood, who knew it to be Horner's; by that mean it was I went to Horner's.

Joseph Collins < no role > . I was in search of these robbers; I found two men in Holborn I believed to be the men; one of the men was the prisoner; we searched the bag, and the coat and other things were found in it.

Prisoner's Defence.

In St. Giles's I met with Brown; he asked me to help him with that bundle; he said he was going to the Red Lion in Poppin's-alley, Fleet-street, and if I would lend him a hand he would treat me with any thing I had a mind to drink when we got there. I know no more of it than the child unborn.

Guilty of stealing the goods, but not guilty of breaking and entering the dwelling house . T .