234. JOHN DAVISON proceedingsdefend , BENJAMIN BARLOW proceedingsdefend (a child ten years old) and DANIEL LOVE proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of James Barkley proceedingsvictim , on the 26th day of January last, about the hour of one in the night, and feloniously stealing therein, one black bombazeen gown and petticoat, value 5 s. one silk cloak, value 6 s. one shift body, value 3 d. four pair of linen sleeves, value 1 s. two linen aprons, value 2 s. two check aprons, value 6 d. three laced caps, value 3 s. one silver tea spoon, value 1 s. one muslin shawl, value 1 s. one silk handkerchief, value 3 s. one black silk apron, value 1 s. the property of Jane Box proceedingsvictim ; one linen stock, value 6 d. two linen table cloths, value 10 s. one silver table spoon, value 4 s. one cotton bed gown, value 1 s. one shaul, value 1 s. and one linen apron, value 1 s. the property of the said James Barkley. And two linen aprons, value 6 d. the property of Eleanor Clegg proceedingsvictim This name instance is in a workspace. , spinster .

JAMES BARKLEY < no role > sworn.

I live in Lower Brook-street, Grosvenor Square ; I am a house-keeper ; on the 26th of January last, I lost several things out of my house, the night preceding, I went up to bed about twelve o'clock, and carried my shop-books with me; I made no observation of my house being fast, me, and my wife, and a maid, and a man, and an apprentice, were in the house; I cannot tell who was up last, I arose about half past seven, when I came down stairs I observed some drawers on a chair in the parlour, which were brought out of the front shop, and were there when I went to bed; I carried them into the shop again, and the maid came crying up stairs, and said, we were robbed, I went down stairs, and the back kitchen window was standing straight out, with the line pushed strait out, I went up stairs, but I missed nothing then; afterwards the patrols came to me with a silver spoon, and the inventory of the things which they had taken to the watch-house, I do not know what I lost.

JANE BOX < no role > sworn.

I am aunt to the prosecutor's wife, I lost the things mentioned to be mine in the indictment.

What were the value of those things? - About a guinea, the things are in Court, the patrols produce them.

Were these things in the house the night before? - Yes.

Was you the last person up? - No.

JOHN DISNEY < no role > sworn.

I have an inventory of the things that are took, I am one of the patrol of St. George's Parish, Hanover Square, on the 27th of January, as my partner and me were upon duty, going up Oxford-road, near Grosvenor Square, we met three boys coming down, one of them had a bundle, which is Davison; this is the bundle, we seized him with the bundle; the other two, to the best of my knowledge and belief are the same but I cannot positively swear to them, I swear to Davison.

You took the bundle from him? - Yes; I asked him where he had been at that hour in the morning, he said, he had been up to Hammersmith, I asked him what he had in the bundle, he said, foul linen, he was taking them to his mother's, she was a laundress, I took them to the watch house, and found the bundle quite different to what he had said, I asked him when we got to the watch-house, who the other two were, and he said, he met them on the road, and they gave him a shilling to carry the bundle, the other two ran away.

Has the bundle been in your custody ever since? - Yes, ever since.

(The things produced and deposed to.

Court to Prosecutor. Will you take upon yourself to swear that these things were in the house that night? - Yes.

ELEANOR CLEGG < no role > sworn.

I am servant to the prosecutor, I went to bed about twelve o'clock, I went the house, it was all fast; the next morning about eight, I found it broke open and the kitchen door was wide open.

Who was first up? - The apprentice got up before, but he did not know the house was robbed.

Might not the apprentice have opened it? - No, Sir.

Is he here? - No, I observed the kitchen poker lay on the dresser, I went into the back kitchen, and the tinder-box lay on the table, it was not there the night before, it was in the work shop, there were two or three windows broke, one window was in the middle of the kitchen in the wall, and was not made to open, some of the iron was broke, any little boy could get in, this window looked into the fore kitchen.

Had that window any communication with the outward door? - No.

Then a person from the outside could not break that, they must have got in before? - They got in at the back kitchen window.

How was that broke? - It was pulled out half way, any person might have access through that window, I observed the window to be fast when I bolted the back kitchen door the night before; I went up and told my master in the shop.

Did you search whether any thing had been taken away? - Not just then, I did not, I lost two aprons. (The aprons deposed to.) These aprons were with the other things for the purpose of being washed.

JANE BARKLEY < no role > sworn.

I am wife to the prosecutor, I went to bed about twelve o'clock, I saw the girl bolt the back kitchen door, and we went to bed, and in the morning my husband came up and informed me that the house was broke open, then I came down, and the first thing I saw was the poker laying on the dresser with which I suppose they had got into the front kitchen, I could almost get in myself, there was a bottle with some physic in it, and a glass without a foot, I suppose they had been tasting it, thinking it was some liquor; I suppose they did not get out the same way that they came in, I believe one of them got in at the kitchen door and went and unbolted it, I only lost a shaul which is here, and a bed gown, and an apron, a pair of stockings, and a table spoon, I have the fellow of it in my pocket now.

(The table spoon produced by Disney, which he found at the lodgings of the Prisoner Love.

THOMAS UNDERHILL < no role > sworn.

I am the other patrol, we met the three prisoners about three o'clock in the morning, the lower end of Brook's-street, Grosvenor Square; the prisoner Davison had this bundle on his back, stopped and asked him what he had there, he said some dirty linen, that his mother was a laundress, and he was going to take it to his lodgings; I told him to go with us, I took him to the watch house, the other two ran away.

PRISONER DAVISON's DEFENCE.

They promised me that I should be an evidence, if I would tell who the other two were.

Court to Davison. Have you any thing to say to the fact? - No.

PRISONER BARLOW's DEFENCE.

I know nothing at all of it.

PRISONER LOVE's DEFENCE.

I work at the carpenter 's business, I rented a room, and went to bed at half past nine, and this little lad came in and went to bed along with me, he said, he was locked out; I have known his mother some years, and she knew my mother, and he got up at twelve o'clock, he said he was going home, and was affraid his mother would link him if he lay out all night, he went and about six in the morning he came in, and said, he had been walking the streets all night, and that he could not go home for he was afraid, and he lay down again, and the patrol came and searched the room, and found a table spoon, and I was quite astonished when it was found.

Prisoner Davison. I have friends enough, but they did not know I should be tried today.

Jury. Is there nobody comes after that child, Benjamin Barlow < no role > .

Mr. Akerman. There is a hard working woman his mother, that comes after the child.

JOHN DAVISON < no role > , GUILTY , Death .

BENJAMIN BARLOW < no role > , DANIEL LOVE < no role > ,

NOT GUILTY

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