293. WILLIAM SMITH, otherwise BIRNHAM proceedingsdefend , was indicted for feloniously stealing, on the 25th of February last, one cloth coat, value 30 s. one cloth waistcoat, value 10 s. one pair of cloth breeches, value 10 s. one pair of stone knee buckles, value 10 s. the property of Robert Blake proceedingsvictim ; and one other cloth coat, value 20 s. one other cloth waistcoat, value 10 s. and one silk waistcoat, value 10 s. the property of Peter Blake proceedingsvictim , in the dwelling house of the said Robert Blake < no role > .

ROBERT BLAKE < no role > sworn.

I was out on Wednesday night last, the 25th of February, from about a quarter after six to a quarter after seven, and a messenger came to let me know I was robbed, and that they had taken the prisoner; then when I got into the house with much ado, as there was a mob of people, I found the prisoner in custody of two men; then M'Donald, a constable, and another man, happened to come in, and laid hold of the man; he searched the prisoner, and took out of his pocket three guineas and eleven shillings, and some halfpence.

HANNAH EDWARDS < no role > sworn.

Last Wednesday night, as I was serving a customer in our shop, my master is a baker , and he has no other person to look after the house when he is from home but me, I thought that the sixpence the woman was giving me was not a good one, and as I was disputing with her about the sixpence, I saw a man stand at the outward door of the street, and as my master had been robbed before, I suspected that very likely somebody was got into my master's room; I went into the little parlour, and fetched the candle and the key of my master's room; which is always in the parlour; I went up to the room door, and just as I got up the door was open, and two men came out, of which the prisoner at the bar was one; this room was on the ground floor, the two men came close upon me, just as I got to the door; I said, gentlemen, pray what business have you in that room; and the prisoner said, in what room pray? I caught hold of the skirts of his coat and cried murder! he threw me down in the passage, I held him fast by the coat.

Did any assistance come to you? - Not directly; I held him fast till we got to the street door, and he cut me with something over my arm, but what he had in his hand I did not see.

Was it much cut? - It was not much cut, but it was very much bruised.

Court. It could not be with his hand? - My gown was cut through, and my arm bruised very much in several places besides, but I do not know that he struck me any more than once; I went to catch hold of his side, and he got from me; he went to give me another push, and I could not hold him any longer, and I ran out after him and cried out murder! and a man crossed the street and took him; I saw him stopped, he was never out of my sight; he carried nothing out with him; when I returned, there was a suit of clothes of my master's packed up in the prisoner's bag, and another suit put out of the chest ready to put up, they had been in the drawer of the bureau.

Was the drawer locked or open? - It was not locked, he left his hat behind him, he was without a hat when he was taken, and the hat was in the room when I returned back.

Mr. Chetwood, Prisoner's Council. Are not there some lodgers in your house? - Yes, the whole is let out to lodgers, but only five rooms, it is a very large house.

Were all your lodgers at home? - I do not know.

Was he acquainted with any of them? - I cannot say.

The lodgers come in and out when they please at all proper hours? - Yes, till twelve at night.

You saw nothing at all in his hand? - No.

You had a light in your other hand, had not you? - Yes.

If he had had a hanger, or any instrument of that sort, you must have seen it, I should think? - Yes.

You was certainly terrified? - Yes, I was.

Was you sure in the street it was the same person that was stopped? - Yes, and the other got off.

Court. Are you sure you saw him come out of your master's room? - Yes.

MOSES LAMBETH < no role > sworn.

I live at the Three Crowns, in Bridgman-street, and as I got out of my apartments, I heard a woman cry, murder! three times; I turned myself round, and saw the prisoner running up the street, somebody hallooed stop thief! I thought I would stop the first I should come at, and I stopped this man, he said do not stop me, I am running after the thief; says I, where is your hat; says he, a man run against me and hit it off; then a man came up to me, says he, damn your blood, what business have you with him, has he robbed you; says I, I will not release him; the woman drew back, and said for God's sake, do not let him come near me, that is the man that struck me and nobody else; I went in and took charge of the things; this parcel was not in the bag; but the other was in the bag; when I first took him into the room, says I, here is your hat; yes, says he, that is my hat; afterwards he said it was not his; the things have been in my possession ever since.

(The Things deposed to.)

What may the value of those be? - Forty shillings.

What are those others worth? - Forty shillings.

PRISONER's DEFENCE.

I was coming along when I heard the cry out; the man run out, right over me; I have witnesses.

The Prisoner called three witnesses who gave him a very good character.

GUILTY , Death .

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