83. PIERRE MASSEAU proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of John Harriott < no role > on the 28th of December, about the hour of six in the evening, with an intent the goods of the said John in his dwelling-house to steal .

(The prisoner being a foreigner, an interpreter was sworn.)

JOHN HARRIOTT proceedingsvictim sworn.

I live at the Old White-horse-cellar, Piccadilly . On the 28th of December , about six o'clock in the evening, I was up stairs in the nursery with my wife and children, and was alarmed by a violent screaming. I apprehended fire and ran out.

Where was that screaming? - In the house. There are five rooms on the first floor; I was in one of them. I ran out, and the first thing I saw was the prisoner coming down stairs. I was satisfied he was a thief. I said, you scoundrel, what do you do here? The maid called out and said he was a thief. He said he wanted Mr. Cook, who lived up three-pair-of-stairs; the maid persisted in his being a thief. I delivered him into the custody of a servant, and went to see if there were any more of them. I went up into the garret, and found a pane of glass taken out of a transom window. I concluded he came over the leads of some other houses and came in there.

Do you apprehend he could have come in at that window? - He could have come in, and did come in; he said he was a good man and did not mean to steal.

Who are the people that have any business in that room? - The servant maid has lodged in that room seven months. When he said he wanted a Mr. Cook, he spoke very good English; he would not speak English afterwards.

Prisoner. I asked for a French cook, not for a Mr. Cook; the gentleman ill-used me and took me by the collar.

Prosecutor. I did take him by the collar. When I wanted him to speak English, he laughed in my face. I said, you scoundrel, if you laugh at me I will knock your teeth out.

MARY PHIPS < no role > sworn.

I am servant to Mr. Harriott; I sleep in this room; it is three-pair-of-stairs backwards. There is a communication between the window of that room and the leads of the houses. I took notice of the window about eleven in the morning; there was no glass out then.

Are you sure it was whole? - Yes; when I made my bed about eleven the window was fast. About half after six in the evening I went up, took the key out of my pocket, and unlocked the door; then the prisoner came out. I always keep the door locked. I am sure I locked the door that morning.

Are you sure the person that came out of the room could not get in through the door? - Yes. When I saw him I screamed out, ran down one-pair-of-stairs before him, and called for several persons who were in the house to come up; he followed me down.

What did you say? - First I called to my master, then to my fellow servants, and said there were thieves in the house.

Did you see your master on the stairs as you came down? - I do not know that I did, I was so frightened. I went into my mistress's room and sat down; the prisoner was taken immediately. I am certain the prisoner is the person that came out of the room. I went up afterwards into the room, and saw a pane of glass was taken out of the window and laid in the gutter. The window was fastened again on the inside.

Was that pane of glass so near to the fastening of the window that a man could put his hand in and open it? - Yes.

Could he get in at the window? - Yes, any body might; I could get in myself. It is a casement fastened with an iron handle in the inside. I have lain in the room about seven months; nobody lay there but myself.

Was it dark then? - Yes; we had a candle; it was about half after six o'clock to the best of my knowledge.

Prisoner. I was coming up stairs, and was at the door just as she was, to ask for the man.

Phips. When I opened the door he came out of the room.

Jury to Mr. Harriott. What do you mean by a transom? - It is an iron transom casement; he took a pane of glass out of the casement.

PRISONER's DEFENCE.

I went to enquire for that person; he was to have taken a post chaise to Bath, and knowing a milliner at Bath I wanted this cook to call upon her to get acquainted with her; this cook gave me his direction to this house. I went up into the three-pair-of-stairs after this girl; the girl upon seeing me immediately screamed out; the family being alarmed, about thirty people came up and took hold of me, and would not hear what I had to say. I am quite ignorant of the customs and ways of this country, and thinking myself innocent I have called no witnesses.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. Justice NARES.

[The prisoner was recommended by the jury and prosecutor to his majesty's mercy .]