231. WILLIAM MARTIN, otherwise THOMAS BANKS proceedingsdefend , was indicted for burglariously and feloniously breaking and entering the dwelling house of Charles Peavey proceedingsvictim , about the hour of twelve in the night, on the 18th day of February last, and burglariously stealing therein two large copper boilers value 21 s. one small copper kettle value 7 s. and one hempen sack value 1 s. the property of the said Charles .

CHARLES PEAVEY < no role > sworn.

I live at Whitton, in the parish of Twickenham , on the 18th of February last, I was in possession of two large boiling pots and a kettle.

Court. Where were they? - They were in the wash-house, the back part of the house, which joins to the house.

Is it under the same roof? - Yes.

When did you last see these articles? - I saw them in the evening, but I cannot tell what time of the day; the next morning, before six, the servant girl came and informed me the house was broke open, I got up immeditely and observed the wall was broke by the side of the door, and the door of the wash-house was open.

Had you made any observation on that part of your house before you went to bed? - No, I went to bed that night by a little after seven.

Did you lose any thing else? - Yes, I lost a sack, with my name at full length, Charles Peavey < no role > , Whitton.

What reason have you to suspect the prisoner at the bar? - On the Thursday in the afternoon a man came to me from Kensington Gravel-pits, who was a constable, his name is Thomas Collis < no role > .

Do you know the prisoner? - I have seen him before, he is an inhabitant of Isleworth.

REBECCA GROVE < no role > sworn.

I am servant to the prosecutor, I was last up in the house; I saw the door fast, and the porridge pots safe; the wall was safe and not broke down, it was as usual at eight in the evening.

What does your family consist of? - Three men servants and me, and my master and mistress.

What time did you go to bed? - About a quarter after eight.

Court. It was dark then? - Yes, there were two bolts to the wash-house door but no lock; the front door was locked.

Court. And the house was in perfect security as usual? - Yes.

Court. Did you get up first in the morning? - No, the men were up first, but they went out the contrary way to that door.

Court. Is there any other communication to your house except by the front door and the wash-house door? - Yes, Sir, through the hall.

You may go into that hall and get out of the house without having any communication with the wash-house? - Yes.

Was that hall door fast? - Yes, I got up a quarter before six.

Court. Did you go immediately into the wash-house? - Yes.

What did you observe there? - I observed the wall broke down and the door unfastened, it was not quite open, but the bolts were pushed back.

Where you observed the wall broke down could a man get in? - Yes, and they might unbolt the wash-house door; I turned myself round and missed the two porridge pots and a kettle, and the covers belonging to them; I immediately told my master and mistress.

JAMES COLLIS < no role > sworn.

I am a baker and constable, at Kensington Gravel-pits; I know no farther than Mr. Shares, a cowkeeper, and Aldridge who keeps the plow, came to inform me there was a suspicious person who had got some pots at the house; that was the prisoner; I went to him and asked him how he came by them things.

Court. What had the prisoner in his possession when you went to him? - He had two pots in a sack; and one was too big to go in.

Are you sure it was the prisoner? - Yes; I asked him how he came by that property; he behaved very insolent, and would not tell me, I told him I would take him to a place where he should tell, with that he talked of going to law with me, and entering an action against me for stopping him with his own property; I took him to Bow-street about two hours and a half after.

(The sack and pots produced and deposed to by the Prosecutor and his maid.)

- ALDRIDGE sworn.

I keep the Plow, at Kensington Gravel-pits; the prisoner was in my tap-room, in the morning between six and seven o'clock, when I came down stairs; Mr. Shares came to my room door and informed me he thought some goods were there that was stolen; I came down and the large pot was outward; the sack was inside out; I said, where are you going with them pots? says he, what is that to you; he would not tell me; I went to the constable and brought him over, he would give no answer, and was very insolent; he threatened to punish us; I told him I would cut the sack; the sack was inside out, and there was Mr. Peavey's name upon the outside of it, I have known a great many years.

Court. Are you sure that these things were brought there by the prisoner? - Yes.

JAMES SHARES < no role > sworn.

I am a cow-keeper; I live just by Mr. Aldridge; I was going by on Thursday morning, and saw these pots standing at the door; I went into the house, and the prisoner came out and owned the pots, this was just before seven o'clock in the morning, I am sure it was the prisoner; I went up and called the landlord, as I suspected the prisoner, and he went for a constable.

PRISONER's DEFENCE.

I found the things in a ditch coming to London that morning.

Court. Have you any witnesses here? - No; I was brought here last night, and I had no time.

Have you any witnesses to your character? - No, nobody knows any thing of it.

Court to Jury. Gentlemen, you are first to judge whether this house was broke open in the night time, which is necessary to constitute a burglary, the woman went to bed at a quarter after eight, that is the night certainly; and the property is found at Kensington Gravel-pits, between six and seven o'clock in the morning, therefore these things must have been taken away in the intermediate time, now you are to judge at this season of the year, whether it was in the night; the distance is near ten miles.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.