237. SAMUEL BAGNALL proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of James Howell proceedingsvictim , on the 15th of October , about the hour of eight in the night, and stealing a cotton counterpane, value 15 s. the property of James Howell < no role > , in his dwelling-house .

JAMES HOWELL < no role > sworn.

On Sunday the 15th of October, I came home about ten in the evening, and was informed my house had been broke open.

ELIZABETH BULL < no role > sworn.

I am servant to Mr. Howell. On Sunday the 15th of October, I had been in the room up one pair of stairs about four in the afternoon; the sashes were all close shut down then. About eight o'clock the ladies who lodged in the room came home; they could not get in; the door was fastened on the inside; they called to the servant, and the servant found two chairs laid back to back to the door to keep it shut: the servant pushed the door open; I went up with the ladies; we went into the room, and missed a counterpane off the bed in the next room to the dining-room.

Whose counterpane was that? - My master's.

THOMAS CARPMEAL < no role > This name instance is in set 2429. This set is in the group(s): BowStreetOfficers . sworn.

I found the counterpane in the garret in the prisoner's house on the 26th in the morning, hanging on a line.

Did Bagnall say any thing about it? - He said it was his.

Prisoner. Whether, when Noon was tried, you said I owned the counterpane to be mine? - The judge did not go on with the evidence, but ordered the man to be acquitted, and tried on the other indictment.

(The counterpane was produced in court.)

Prosecutor. I cannot swear to the counterpane.

To Bull. Do you know that counterpane? - Yes; there are marks of ink on the corner: it is Mr. Howell's counterpane; the same that was lost off the bed the 15th of October; there is a mark across it, made by its hanging on a dirty line, which I know it by.

Did you find the windows open, when you went in at eight o'clock? - One window was quite up as high as it could be.

PRISONER's DEFENCE.

I am as innocent as the child unborn.

NOT GUILTY of burglariously breaking and entering the dwelling-house, but guilty of stealing the goods .

Tried by the Second Middlesex Jury, before Mr. RECORDER.