1. JOHN SMITH proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Bridget Davies proceedingsvictim , widow , on the 18th of November , about the hour of two in the night, and stealing a pair of brown thread stockings, value 1 s. a pair of silver shoe-buckles, value 5 s. and 7 s. in money numbered, the property of Edward Davies proceedingsvictim ; a watch with the inside case made of base metal, the outside case shagreen, value 20 s. a steel stock-buckle, value 6 d. and a linen stock, value 6 d. the property of Thomas Davies proceedingsvictim , in the dwelling-house of the said Bridget .

JOHN FITZPATRICK < no role > sworn.

I am servant to Bridget Davies < no role > , who keeps a public-house in Clarges-street, Piccadilly ; I fastened up the house at night; I fastened the back-door at which they got into the house a little after eleven o'clock; I went to bed then, and left my two young masters up; one of them came in after I went to bed: we found the house broke open in the morning.

JAMES CLARKE < no role > sworn.

I am a post-chaise boy; I am servant to Mr. Hemmings: Mrs. Davies keeps a public-house; on the Tuesday morning that the house was broke open, I went into the yard from a house adjoining, and went to the back-door to see what it was o'clock; I found the back-door open, and the window was about a quarter up; I put my hand to it and put it quite up, and asked the girl who was within, what it was o'clock? she said, it wanted a quarter of six.

EDWARD DAVIES < no role > sworn.

I came in between eleven and twelve o'clock, after the boy was gone to bed; the maid let me in; I did not see the doors and windows fastened; I can only speak to the property; in the morning I observed a spot of dirt on the window, which I judged to be the mark of a man's foot; I missed a pair of buckles out of my shoes about seven o'clock in the morning.

[The buckles were produced in Court, and deposed to by the witness.]

THOMAS DAVIES < no role > sworn.

Do you remember any thing of the doors and windows being shut on the 17th of November at night? - No; the watch and stock-buckle mentioned in the indictment are my property; I hung the watch over the chimney-piece at night, and missed it about seven o'clock next morning.

[The watch was produced in Court, and deposed to by the witness.]

ANN DUFFIN < no role > sworn.

I fastened the doors at night, and went to bed; I got up to let Mr. Edward Davies < no role > in, and am sure I fastened the door after he came in; I was the first that got up in the morning, and then I found the door open, the bolt was put back; there was a hole in the door through which a man might put his finger and push it back; I am sure I fastened it over night; I observed the mark of a man's foot on the window.

JAMES HIDE < no role > sworn.

I belong to the Rotation-office: I was informed of a person offering a pair of silver buckles to sale at a public-house in Piccadilly; I suspected him; I went and saw the prisoner, he had a watch in his breeches pocket; I took him to the Rotation-office, and there I took this watch and silver buckles from him; I found he had been servant to Mrs. Davies, at the Red-lion in Clarges-street; I asked him if he had stole the things at that house; he denied it at first, but at last I got it out of him; I took him in a coach to Davies; I asked her if she had been robbed? she said, yes, and came out and looked into the coach, and called the prisoner Bunker, and said, she suspected it was him that had robbed her.

What was it he confessed to you? - He said he got over a pair of large gates, and got into the yard; that he put his finger through the hole of the door, and pushed back the bolt, and got in and went up stairs, and took the watch and buckles.

JEREMIAH HARRIS < no role > sworn.

I live at a public-house; I saw the prisoner with a pair of silver buckles; he offered to sell them for sixpence; I remember his going afterwards to the public-house where James Hide < no role > saw him with the watch and buckles upon him.

PRISONER's DEFENCE.

'I bought these things of another person.'

NOT GUILTY of breaking and entering the dwelling-house, but GUILTY of stealing to the value of ten-pence . W .

Tried by the First Middlesex Jury before Mr. RECORDER.