94. (M.) ROBERT UPHAM proceedingsdefend was indicted for breaking and entering the dwelling house of of Thomas Oram < no role > , on the 6th of August, about the hour of twelve in the night, and stealing three delph bowls, value one shilling; two looking glasses, value eight shillings; a delph dish, value four-pence, a linen table cloth, value two shillings, and a pair of leather shoes, value four shillings; the property of the said Thomas, in his dwelling-house . ||

Thomas Oram proceedingsvictim . I am a cordwainer by trade, but keep a public-house at Fulham . I went to bed on Saturday the 6th of August last at about eleven o'clock at night: before I went to bed I examined my doors and windows: and all were fast. When I came down at seven next morning, I found the lock to a shed door and the lock to my parlour door broke; I missed the several things mentioned in the indictment. I have known the prisoner four years, he has been often at my house, and I believe he knows my house as well as I do myself.

Q. from the prisoner. Have you seen me at, or about your house lately?

Oram. I have not seen him about my house these last twelve months.

Thomas Castleman < no role > . I live in the Borough, and attend the Justice's at the rotation. The prosecutor came to me about the ninth of August last, and informed me his house had been broke open. I told him I had reason to believe some of his goods were at one Silva's, for I had been so informed by one Griffiths, who had been indicted for the same offence, We went to Silva's with a search warrant; there we found two glasses, four bowls, and a delph dish. ( They were produced in court, and deposed to by the prosecutor.

Silva. I am a carpenter, and keep a pawnbroker's shop. I have known the prisoner two or three years; he worked with Mr. Cooper, a gardiner: I met the prisoner in the street in company with two other men on a Sunday: after I passed them the prisoner turned round, and went home with me; he asked me to buy the china, that has been produced; I told him I did not chuse to deal with him, it being Sunday: he asked me two shillings for them, I told him that was too much, then he asked me to lend him eighteen pence upon them, and said; he would bring some other things the next morning; I let him have the eighteen-pence: the next morning he brought the two glasses.

Prisoner. I pawned them for the two men that were with me.

Silva. The prisoner was the principal person, the other said nothing, and the prisoner received the money.

Meredith. I went with Castleman to Silvia's; we found the things there that have been produced.

Mary Smith < no role > . A man, who called himself Robert Upham, sold these shoes to me, ( producing them.) I believe it was the prisoner, but I am not positive, I never saw him before.

Oram. Those are the shoes that were taken out of my house that night.

Prisoner's Defence.

I was not at all concerned in robbing the house, I had none of the money, I only carried them to Mr. Silva's for the two men that were with me.

Not guilty of breaking and entering the dwelling-house, but guilty of stealing the goods . T .