346. CATHARINE BUTLER proceedingsdefend was indicted for feloniously breaking and entering the dwelling-house of Adam Peal proceedingsvictim , between the hours of eight and eleven in the forenoon of the 21st of April, Samuel Elmes < no role > , Mary Weston < no role > , and Rose Hannah Elmes < no role > , in the said dwelling-house then and there being, and stealing two featherbeds, value 5 l. two bolsters, value 10 s. three woollen blankets, value 6 s. and two linen sheets, value 5 s. the property of the said Adam Peal < no role > .

ADAM PEAL < no role > sworn.

I am a tide-waiter . I live in Aldgate parish, in the lower precinct . I was not at home when my house was robbed; I can only prove my property.

MARY WESTON < no role > sworn.

I am servant to Mr. Peal. My master has some lodgers. On the 21st of April I was alarmed by the lodger in the one pair of stairs, that she had seen the dirty foot of somebody who had gone up stairs; this was about eleven o'clock.

Can you tell whether the street door was open or shut? - I cannot be certain. I went up stairs into the garret, which is the two pair of stairs; there I saw a bed tied up in a sheet, and I saw another parcel of the same size; I saw a blue jacket, which alarmed me, supposing that there was a sailor in the room; I ran down, and called for assistance; David Thomas < no role > came, and Samuel Elmes < no role > , who lives in the house, stood at the bottom of the stairs with a cooper's adze in his hand till I got assistance; Mr. Thomas and we went up into the garret, and we found the prisoner up the garret chimney; Mr. Thomas pulled her down: the blue jacket was close to the door, which had made me suppose a man had been there, but we did not find any. When she was pulled out of the chimney, she was as black as a chimney sweeper; I did not at first know whether it was a man or a woman. The bed, and the blankets, sheets, pillows, and bolster, were scattered all about the room; but the bed which I had seen when I first went up, tied up in a sheet, was then untied.

Who lodged in this garret? - When Adam Peal < no role > was at home, I laid in that garret. I had been in the room about an hour before the alarm was made; there were two beds, one upon the other, there were three blankets, two sheets, and a coverlid; the bed was made fit for me to lie in, and the things were in order then. I locked the door, and put the key in my pocket. The bed that was tied up in the sheet was Mr. Peal's.

If you left the door locked, and found it locked when you went up again, how do you suppose the prisoner got in? - She confessed before the justice that she forced the staple out, and to got the door open, and that she afterwards put the staple in again.

What is Adam Peal < no role > 's bed worth? - It is worth 5 l.

DAVID THOMAS < no role > sworn.

On Sunday morning, the 21st of April, while I was at breakfast, at about half after ten o'clock, Mrs. Weston came out, and cried out fire! thieves! I went out directly; I found Mr. Elmes at the bottom of the stairs, with his adze in his hand; there was a butcher there besides; they were afraid to go up stairs; I went up; Mr. Elmes and the butcher went up with me, and Mrs. Weston followed us; I had a knife in my hand. I found the garret-door shut; the staple of the lock was out, and lay on the floor; the bolt of the lock was shot. I found the bed and the bed-clothes all upon the ground. There was a sailor's blue jacket in the room. Mr. Elwes went up towards the chimney with his hatchet; we looked up the chimney, but could not see any light through it; Mrs. Elmes took his axe, and beat it against the woman's tail; he thought it had been a parcel of rags; he said there was nothing there: I put my hand up the chimney, and took her by the thigh. I said it was no man, I was fire, for it had not breeches on. She was, I believe, about three foot up the chimney; she was nearly as black as a coal. She burst out a crying: she said her husband was a soldier; that she had pawned his shirts, and was determined to rob somebody's house to get them out of pawn, or else she should be killed by him: she said a man had told her to rob that house.

Did she say who the blue jacket belonged to? - No.

Did she say how she got in? - No.

Did you make her any promises of favour? - No.

What is the value of the bed that belonged to Peal? - I have been in the brokering business; I would not give above 5 l. for the whole; that bed is worth about 50 s. The prisoner's shoes were off; we looked about the room and found them, and she put them on.

Samuel Elmes < no role > confirmed the testimony of the last witness, and added that when he went up into the garret he saw two pole-axes, a false key, and a pair of women's shoes; that when the prisoner was pulled out of the chimney, she told them she wanted two pair of sheets to fetch her husband's shirts out of pawn, or else he would kill her.

To David Thomas < no role > . You did not mention any thing about the two axes? - I did not see them.

PRISONER's DEFENCE.

I had three small children; I buried the eldest a month ago. My husband is gone away with another woman; I was informed he lodged up in this garret; I had got a little drop in my head; I went to see whether he was there or no; the door was wide open; I sat down upon a chair. I did not see any body as I went up; I heard somebody coming up stairs; I thought it was my husband; the bed stood up in the corner; I stood up close to the chimney, upon the bed, but I was not up the chimney.

Court to Mary Weston < no role > . Do you know who the pole-axes belonged to? - They were Mr. Peal's; they had been taken out of the box.

NOT GUILTY of breaking and entering the dwelling-house, but GUILTY of stealing the goods to the value of 39 s .

Tried by the First Middlesex Jury, before Mr. Justice WILLES.

[Imprisonment. See summary.]