147. SAMUEL OLIVER proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of John Ayliffe proceedingsvictim , about the hour of twelve in the night, on the 17th of December last, and feloniously stealing therein two cloth livery waistcoats, value 30 s. two yards and an half of hair shag, value 20 s. one ratteen Bath great coat, value 40 s. one blue cloth coat, value 20 s. one cloth waistcoat, value 10 s. part of a boy's Bath great coat, value 3 s. one white dimity waistcoat, value 2 s. one brown great coat, value 3 s. and five linen sheets, value 30 s. the property of the said John .

JOHN AYLIFFE < no role > sworn.

I live at Twickenham , on the 17th of December my house was broke open, I went to bed by eleven o'clock, I was the last person up in the house, I fastened the door, I first perceived the house had been robbed a little after six in the morning, the men came to work in the morning and found it open, and the things missing that are mentioned in the indictment.

Court. Can you form any guess in what way the house was broke open? - I cannot, they came in the back way over some gardens.

How did they get into the house? - They broke it open.

What part? - The shop, they came in at the window of the wash-house which was broke, and broke open the shop door.

Is your shop backwards? - Yes.

The window was fastened at night, was it? - Yes, the prisoner was taken on the Saturday morning after, a person told me where the things were, and I went to see them, and they were mine.

- WILSON sworn.

I have lived in Kingston-lane thirty years, I produce the best part of the things, they were in a sack which I found on the prisoner, there are some things that were found upon him that are not here, the shag breeches and one of the waistcoats are not here, there were five wet sheets when I stopped him, this great coat, and a great many more things, and this waistcoat he had on; there were two of them, I marked the one he had on, and this pistol I found upon him, (The things deposed to by the Prosecutor) I went for a pail of water, and the prisoner put down the sack, says I, what have you here brother sailor? says he, I have a bed, a bed says I, where did you bring it from? he said he brought it from Portsmouth, says I, did you bring it all the way on your back from Portsmouth, yes, says he, I did, says I, that is a long way to bring it, I clapped my hand upon it and I felt some buttons, a young man was coming by and we seized him, and opened the sack and saw these clothes, says I how came you by these clothes, says he, I found them in the road on this side of Wandsworth, I took him to the Rotation-office in the Borough, and he was committed to New-gaol; this was on the Saturday, and that gentleman came down on the next day, and owned the cloathes.

PRISONER's DEFENCE.

I have nothing to say, I have no witnesses. I picked the sack up with the things in it about five o'clock in the morning.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.