44. JOHN FRANK otherwise FRANKS proceedingsdefend This name instance is in set 2194. was indicted for burglariously breaking and entering the dwelling-house of Jeremiah Bentham proceedingsvictim This name instance is in set 2192. , Esq . on the 28th of December , about the hour of one in the night, and stealing three silver tea-spoons, value 3 s. and fourteen guineas in monies, numbered, the property of the said Jeremiah, in his dwelling-house .

JEREMIAH BENTHAM < no role > , Esq. sworn.

I live in Queen-Square, Westminster . On Tuesday the 28th of December we went to bed about twelve o'clock having been at the Opera that night, otherwise we generally go to bed about eleven. It is my method to take a servant with me round the house to see if every thing is safe. I went that night particularly into the study, which has some windows toward the garden, and one door only which opens into the house; that study lies remote from the other part of the house. I saw the windows fast; I locked the door myself. The servant that warms my bed brings me up the keys at night; and she comes up in the morning for them to distribute to the rest of the servants. I got up about seven o'clock in the morning, and went down into the study; I found the sash thrown up and the window shutters broke; there was a writing table in the room belonging to Mrs. Bentham, which was broke open; there were two book-cases in the room, one opposite the chimney, the other opposite the window which looks into the garden; that opposite the chimney had mahogany doors, they were broke open. In the other bookcase opposite the window is a drawer, in which I generally put my money. I had the day before received of a tenant some bills and fourteen guineas, which I put in that drawer. The fourteen guineas were taken out of the drawer. The glass doors of that book-case were broke open. I do not know any thing of the spoons.

Were there not other valuable things in the study? - Yes, silver candlesticks and a tea chest with silver cannisters; they were not taken away. The prisoner lived servant with me six years and an half, and behaved exceedingly well, till the latter part of the time, when he got connected with an infamous woman; I recommended to him to leave her, and go out of the kingdom, or she would be the ruin of him.

Mrs. BENTHAM sworn.

There was a writing table in the study which was broke open this night? - Yes.

Was any thing lost out of that writing table? - Yes, two silver spoons; one was broke, the other nearly broke.

How long had they been in that writing-table? - A considerable time. During the time this man lived servant with me they were broke; he brought them to me, and I put them into this writing-table.

Court. When had you seen them there before you missed them? - I cannot positively say, very near the time I missed them.

WALTER BUCKMASTER < no role > sworn.

I write for Mr. Bentham, and live next door to him. I was present when the prisoner was apprehended at the Black Horse in Petty France, Westminster, where he lodged. On Wednesday the 29th of December, between the hours of ten and eleven in the morning; I searched him in the back room, and took out of his pocket three silver teaspoons, and about thirteen shillings and sixpence, in silver, two of the tea-spoons were marked J. B. the other A. B. the constable has them in his possession. While we were searching him, when we took the money out of his pocket, he said he would swear a robbery against us for taking the money from him. At first when I saw only the thirteen and sixpence, I thought him innocent, but when I saw the tea-spoons it gave me great reason to suspect he was the person who committed the robbery; upon searching him farther we found a pocket-book upon him.We took him to Mr. Bentham's and examined the pocket-book, and found in it eleven guineas sealed up and four pawnbroker's duplicates.

Was there any question put to him about the money before you found the eleven guineas? - None at all.

Cross Examination.

You found him at the house where he lived? - Yes.

Was he able to walk? - He walked with a stick; he appeared to be lame, but not very lame. He was sitting by the fire. I went out and called George Strutton < no role > in to take him.

Court. You said you was surprised at finding only thirteen shillings and sixpence upon him, did you express your surprise? - Only to George Strutton < no role > . I told Strutton I believed he was innocent; but when I saw the spoons I looked at the cypher and said that was sufficient.

GEORGE STRUTTON < no role > sworn.

I am a constable. I apprehended the prisoner; I searched him and found three teaspoons in his breeches pocket. I first took thirteen shillings and sixpence out of one breeches pocket, and then the tea-spoons out of the other. He shuffled about and wanted to put his hand to his coat pocket; I bid him keep his hands before him. I searched his coat pocket and found a pocket-book. We brought him to Mr. Bentham's, where we opened the pocket-book, and found eleven guineas sealed up, and four duplicates.

Court. Was the money taken out in the presence of the prisoner? - It was.

Do you remember, as you found only thirteen shillings and sixpence at the Black Horse, any question being put to him about it? - No. He said this is all the money me got, me swear a robbery against you if you take my money away. That was at the Black Horse.

Cross Examination.

He speaks very bad English I believe? - He does.

You cannot be particular to the expressions? - Yes, those are the words as near as I can recollect.

(The pawnbroker's duplicates were produced in court and read.)

(One dated) 17 Nov. 8 s. 6 d. for a pair of buckles.

(Another) Dec. 6th. A pair of sheets, 6 s. Dec. 24th Three pair of gentlemen's ruffles, 6 s.

(The other) 30th Nov. A pair of silver buckles.

(The spoons were produced in court and deposed to by Mrs. Bentham.)

To Mr. Bentham. Did you discover how the person who had robbed your house had got away from the house? - I have a long ladder and a short one; the short one was taken out of my coach-house, and was found under the wall.

Was not your coach-house door locked? - No.

Did you see the ladder yourself in the park? - No.

To Mrs. Bentham. Did you see the ladder? - Yes, I saw the ladder in the park under the wall, close to our summer-house; I called the servant and asked him if it was our ladder; he said it was.

JOHN STEVENS < no role > sworn.

I am footman to Mr. Bentham.

Do you know whose ladder it was that was found under the wall in the park, near the summer-house? - Yes, Mr. Bentham's; I saw it in the coach-house about two or three days before.

JAMES SMITH < no role > sworn.

I am a chairman.

Do you remember being employed by the prisoner on Tuesday the 28th of December? - I remember being employed by a man, I do not know that it was the prisoner; he came down from Cleveland-row to St. James's-street, about three o'clock in the morning. I carried him to Petty France, Westminster.

Do you know the house you carried him to? - No.

JOHN ARCHER < no role > sworn.

You are the landlord of the Black Horse, where the prisoner lodged? - I am.

What time on Tuesday night, the 28th of December, did the prisoner come home? - About four in the morning.

Did you see how he came home? - No, he was knocking at the door half an hour I believe before I let him in.

JOHN WILKINSON < no role > sworn.

You are a watchman of that parish are you not? - Yes.

What time of the night or morning did the prisoner come home? - He passed me at three o'clock; he came home in a chair; I went to call the hour, and saw him get out of the chair.

Court. Did you know him? - Yes.

Had you known him any time? - Yes, for several years.

You are sure the prisoner is the person? - Yes.

- DELA PERELLA < no role > sworn.

I am a baker in Portland-street, St. James's.

Do you remember going to the prisoner or being sent for by him to Tothil-fields Bridewell? - He sent for me.

What conversation passed between you? - Very little; he asked me to appear for him, and say that he was at my house on the night of the robbery; I told him I could not do that because he was not with me.

What did he want you to do about a note? - He did not tell me for what purpose, but asked me to make him a note. I do not exactly remember the sum, I believe for ten pounds or thereabouts. I told him he never lent me any money, and I could not give him a note for what I never had of him.

Court. Was the note to be as if you had lent him the money or he had lent you the money? - As if he had lent me money.

Did he want you to say that you had borrowed money of him and paid him again? - Yes.

Did he say so in words, that you had borrowed money of him and paid him again, or was that your construction of what he said? - He said it in words.

For the Prisoner.

Dr. CHELSON sworn.

The prisoner was recommended to me as a servant by the prosecutor, in May last. He was in my service four months; he accompanied me abroad, and was three weeks in my service after I came home. I wish to be understood that I have the highest opinion of his honesty, diligence, and abstinence, as to eating and drinking. I allowed him board-wages; and I believe from the frugal manner in which he lived, he saved money. Between the 18th and 27th of December I had a conversation with him, and I advised him to get rid of his connexion with that woman, as I was persuaded he could not be safe with her; he said he was convinced of it, and should be glad to get on board a privateer. I understood that to arise not from any consciousness of his having done wrong, but merely to get rid of that connexion. When I was abroad, knowing the friendly design with which Mr. Bentham recommended him to me, which was that he might go out of the kingdom, I asked him if he wished to stay on that side of the water, or return to his own country; he said no, thank God, he had done nothing to be afraid to come to his own country, and he came with me to London, and was three weeks in my service after he came home. I beg to observe, that when I had that conversation with him after he came home, he appeared to be extremely lame, and was supported by a crutch.

To Buckmaster. The prisoner's wife was with him, I believe, when you took him? - Yes, she was in the tap-room at the time.

To James Smith < no role > . How did the prisoner appear when you took him into the chair? - He appeared sober enough.

Was he lame at all? - I do not know indeed, he had just turned the corner.

Had he a stick? - Yes.

Had he a crutch? - No. I do not know whether the prisoner is the man or no.

To Wilkinson. Did you see him go out of the chair? - Yes; he got out of the chair and walked up to the door.

Had he a crutch? - No, only a stick.

Dr. Chelson. On dismissing him on the 3d of October, I paid him the remainder of the account between us, amounting to fourteen guineas. I believe the whole I paid him during the four months he was in my service amounted to about thirty pounds.

Jury to Archer. How was the prisoner as to his lameness? - He had a crutch when he came first; he threw that by about two or three days before this. He lodged at my house but five days.

GUILTY ( Death .)

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