337. WILLIAM JACKSON proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Esther Maclode proceedingsvictim , widow , on the 25th of May , about the hour of one in the night, and stealing a silver tankard, value 10 l. a silver pint mug, value 5 l. a silver punch ladle, value 10 s. three silver table spoons, value 30 s. nine silver tea spoons, value 18 s. four silver salts, value 40 s. a silver pepper castor, value 20 s. a pair of stuff shoes, value 2 s. a pair of silver buckles, value 10 s. seven linen shifts, value 14 s. four muslin handkerchiefs, value 6 s. a linen housewife, value 6 d. and a piece of silver Spanish coin, called a dollar, the property of the said Esther Maclode < no role > , in her dwelling-house .

ESTHER MACLODE < no role > sworn.

I keep the Jolly Sailor, a public-house, in Radcliffe Highway . On Friday night, the 25th of May, I went to bed about twelve o'clock: I was the last person up: there is only myself, a maid, and an old woman, in the family.

Before I went to bed I saw the house was fast: I fastened the doors and windows with my own hand. In the morning I found my chamber window was opened, and a piece of it broke off: the sash was down, and whole, when I went to bed; I was in bed at the time; I take it to have been done between one and two o'clock; I was waked by the noise; I pulled by the curtain, and I saw my gown half out of the window; when I went to bed, I laid it on a chair back. We had a great wash; there were seven-shifts in the platter, that had not been put by. I saw the platter was empty; I was in such a fright, I could hardly open the door, but it was God's mercy he did not kill me.

You was not waked with the breaking the window? - No, with the going out. I burn a rush-light; that was blown out; the maid went and fetched my daughter, who lives a little way off. I had some handbills printed, and dispersed. The prisoner was very ragged the day before; the next day he had good clothes on. The keys were taken out of my pocket, and the beaufet opened, and the tankard, pint mug, and spoons taken out. I lost all the things mentioned in the indictment (repeating them) The dollar I had had above forty years: my husband gave it me before I was married; and the housewife and dollar were found on the prisoner when he was taken: I saw them at the justice's.

MARTHA HASLAM < no role > sworn.

I am servant to the last witness. I know the housewife. When I came down stairs, the window of my mistress's room was broke open: my mistress called me a little before two o'clock, I believe.

JOHN FARRELL < no role > sworn.

I have the house wife (producing it). One Peter Mairn < no role > took the prisoner in Red-lion street: I took him into the back parlour at the Rose and Crown, and found this housewife in his inside coat pocket. His breeches pocket being turned, he put his hand into his breeches pocket, and took five guineas and some silver and this dollar out (producing it). He wanted to conceal the dollar; and then he fell a fighting with us, and I desired Mairn to lay hold of his hand; he did, and we wrenched it out of his hand.

(The dollar and the housewife were produced in court, and deposed to by the prosecutrix.)

ANNA MARIA HARE < no role > sworn.

I know this to be my mother's housewife.

PETER MAIRN < no role > sworn.

I took the prisoner into custody, in Red-Lion-street: he was pretty resolute. I got a coach, and brought him down to Shadwell; the justice was not there; he was at the Rotation-office. Farrell came up to me, to Whitechapel, and searched him in the parlour, and found five guineas, that housewife, and that dollar upon him. I knew the prisoner, and seeing him with new clothes, I suspected he was concerned in this fact.

PRISONER's DEFENCE.

I was in bed by ten o'clock that night, and was not out till after day-light, when I went to work in the morning. I am a cooper, and work for Mr. Murphy, in Bridge-yard. I picked up the housewife, and dollar in it, going to work.

To the prosecutrix. When you went to bed, was the dollar in the housewife, or loose in your pocket? - I always kept it loose in my pocket.

GUILTY ( Death .)

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