192. JOHN JONES proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Robert Woodgate proceedingsvictim , on the 30th of March , at about the hour of three in the night, and stealing two pair of silver candlesticks, value 12 l. two silver gravy spoons, value 40 s. ten silver table spoons, value 6 l. nine silver dessert spoons, value 3 l. a silver soup ladle, value 20 s. four silver salts with glasses, value 30 s. four silver salt spoons, value 6 s. a silver cruet stand, value 6 l. four silver tops for castors, value 10 s. a silver wine strainer, value 20 s. a silver mustard pot, value 20 s. a fish slice, value 20 s. one time-piece, value 40 s. three pair of silk stockings, value 10 s. a silk stocking, value 1 s. and a pair of cotton stockings, value 4 s. the property of the said Robert Woodgate < no role > , in his dwelling-house .

Mr. ROBERT WOODGATE < no role > sworn.

I live in Golden-square . My house was broke open in the night of the 30th or 31st of March; I heard nothing of it till I was called up at a little after eight o'clock; I then came down stairs: I found the upper sash of the kitchen window was forced down; and it was so fast that it could not be got up again without sending for a carpenter; the window had an inside shutter, to which there was a slight wooden bar; a pane of glass was broke in the window, which enabled the person to undo the bar. I lost the plate mentioned in the indictment from the sideboard in the back-parlour; I found this odd stocking (producing it) in the drawer of my dressing-room, which is the place where my stockings are always kept; I understand the fellow stocking to this was found in the prisoner's lodging-room.

MARY HOUGHTON < no role > sworn.

I am cook to Mr. Woodgate. I came down between six and seven o'clock on the Saturday morning; I was the first of the family down stairs: when I came into the kitchen I found the window open, a pane of glass broke, and the bar outside the window; I did not then miss any thing out of the kitchen: I went up stairs into my master's office; I found a naked sword upon the writing-desk, and there was a mark at the corner of the desk, which was, I suppose, made by the sword in breaking it open: then I went into the eating-room; I observed the plate was all gone: I went down stairs again, and found there was a portmanteau broke open, which belonged to a gentleman's servant who was then upon a visit, and the clothes were taken away out of it.

At what time did you go to bed the night before? - At half after ten o'clock; I shut and barred up that kitchen window before I went up stairs; I left a man and woman servant in the kitchen when I went to bed.

JEMMETTA ROUNDAY sworn.

I am a servant to Mr. Woodgate: I went to bed at half past one o'clock the night before my master's house was broke open; I was the last person below stairs; I observed that all was safe then; the kitchen window was shut up and barred. I followed the cook down stairs in the morning, and found things as she has described.

CHARLES JEALOUS < no role > sworn.

I have here three pair of silk and one pair of cotton stockings, and an odd silk stocking (producing them); I found them, on Sunday the 1st of April, in a room up two pair of stairs forward at No. 5, in Coventry-court in the Haymarket; they were all in a cupboard, except the odd stocking, which lay on the floor; I asked the prisoner who they belonged to: he said they were his property, and he begged I would leave them behind.

What was your business at this place? - There was an information came to the office against the prisoner and some others: I knocked at the door at about eight o'clock in the morning, and was let in; I went up to the two pair of stairs, I knocked at the door; a girl in her shift and under petticoat opened the door to me; I went into that room, and from thence into the back-room; there I found the prisoner a-bed: when the prisoner begged me to leave them behind, I told him I should take the stockings away, and if they were not owned he should have them back again: he was asked before the justice, where he got these things? he said he bought them of a Jew in Bishopsgate-street.

Are there different lodgers in this house? - There was only a woman with a child in the garret. I searched the rest of the house, but did not find any thing.

Was there any other person in the room besides the prisoner? - Only the girl that opened the door to me.

Who lodged in the room in which the stockings were found? - There was no bed in the fore-room; the bed was in the back-room.

Did you find the room forward open or locked? - It was locked. The woman that was with him opened the fore-door, and then I went into the back-room, where the bed was; I made the prisoner get up, and come into the fore-room to dress himself. The back-room opens only into the fore-room; there is not, to my knowledge, any door from the back-room to the staircase.

Mr. Woodgate. This odd stocking I saw at the justice's, and it matches exactly with the stocking I have in my pocket; they are both marked with the initial of my name, W.

Do you know whose work the mark is? - I do not.

Can you take upon you to swear to the stocking? - Yes, and the other stockings too; they have been tumbling about my drawer these seven years; the other stockings are likewise marked, W; I am perfectly satisfied they are mine.

Did you ever find your plate? - No; I never found any thing but these stockings.

Mrs. MARSH sworn.

I live at No. 5, Coventry-court. Mr. Jealous came to my house on the Sunday morning: my servant came down into the kitchen where I lay, and waked me; she told me some men were making a noise at the two pair of stairs door: I ran up stairs.

Whose apartment was that? - The apartment of a woman called Margaret Hunter < no role > : she took the lodging of me on the Thursday afternoon; she came in on the Thursday evening, about nine o'clock.

Did she come alone? - I do not know; my servant let her in; I did not then see her.

You saw her on the Friday? - Yes; she came down into the kitchen to ask for such things as she wanted.

Did you see any person with her? - No.

Jones, the prisoner, was found in the room on the Sunday morning? - Yes, so I find; but I never saw him before.

Then you do not know that the prisoner was in the house before that Sunday? - I never saw him before. Hunter said she had an husband, or some acquaintance, who was a silversmith or something, I don't know what she called him; but I never saw the prisoner till he was taken up.

Did you know that any man was in that room? - I did not.

You know nothing about these stockings? - I saw them when they were taken out of the place, I never saw them before.

And upon your oath you never saw the prisoner before? - Never till the Sunday morning.

PRISONER's DEFENCE.

I had a pair of stockings lying about the room: when he took the stockings up, I thought they were my own; but as to these other stockings, I know nothing of them: what I might say in my fright I cannot tell; but the lodging does not belong to me.

Jealous. He said before the justice, he bought the stockings of a Jew; Mr. Woodgate heard him.

To Mr. Woodgate. Did you hear that? - I did.

To Jealous. When did he say he bought them? - On the Saturday morning.

Prisoner. I have been to sea. I was an attorney's clerk. I was going down the Haymarket; this woman asked me to go home with her; I went home with her, and slept with her; in the morning Jealous came up, put a pistol to my head, and took me out of bed: I said I was ready to go with him. He searched the room, and brought these stockings out of the cupboard; I said, do not take any thing there, for they may be my stockings.

For the Prisoner.

JOHN GODFREY < no role > sworn.

I have known the prisoner from a child; I never knew otherwise of him but a very good character as to doing any thing of this kind. He has been at sea, and been rather wild.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron EYRE < no role > .