796. JAMES FORBESTER proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Daniel Andrews proceedingsvictim , about the hour of two in the night, on the 11th of August last, and feloniously stealing therein, one woollen bed rug, value 4 s. one woollen blanket, value 4 s. the property of Richard Bailey proceedingsvictim .

RICHARD BAILEY < no role > sworn.

I am a Shoemaker , No. 27, Villar-street, Spitalfields,

Court. What family have you, are you a married man? - My wife now lays dead.

I fancy you are a lodger then? - I rent a room of Daniel Andrews < no role > ; on the 11th day of August last, I was alarmed at two in the morning by thieves being in the house, I slept up two pair of stairs, and my apprentice with me, I got up upon the alarm, and dressed myself and went down stairs; I unlocked my own room door which is let, I opened the door and went in and searched about, I saw no person, but I missed a blanket and a rug, the windows were all open, the bed was likewise rolled up.

Court. When was you last in that room? - The 9th day of August, on the 10th I was not in it at all.

Had you kept the door locked from the 9th? - Yes, and the windows fastened.

Had you the key in your pocket? - No, I left the key with Martha Andrews < no role > my landlady.

She therefore might have gone in and opened the windows? - Yes, my Lord; Martha Andrews < no role > said, she picked the things up right under the window, in the street; when I went into the room I searched about, seeing the bed stripped, I looked under the bed, and found the prisoner concealed under the bed; I immediately seized him, and delivered him to Thomas Richards < no role > the patrol.

What account did he give of himself? - I asked him what business he had there, he made me no answer, I knew his person perfectly well, he was a weaver.

Was you intimate with him? - No, but I saw him often, I knew his person and name.

PAUL BROMLEY < no role > sworn.

I am a Weaver; on the 11th of August, past two o'clock some men being about, I suspected them to be thieves; my house being the corner, I watched and listened some time, I heard something crack, and concluded they had broke into a house next door to me; I looked out and saw four men in the street, I threatened to fire at them, the prisoner was as I understand found in the room; I live about forty feet from Mr. Andrews.

Prisoner. You did not see me? - I cannot say I did, there were four men in company, there was some noise, and some minutes after, I went to Andrews's house, and saw the prisoner in custody of Bailey, with his hand round his collar; we searched the street over, and I saw the blankets found under the window of Bailey's house.

Did you see the windows open? - Yes.

One or two? - Two.

How high might the windows be from the ground? - The sill is about fourteen or fifteen foot from the ground, there is a lamp iron that projects out, it is very near the window, and there is a coving or cornice, that a man may walk along and get in there, that is about eight feet from the ground; the blanket and rug are here, I saw them delivered to Martha Andrews < no role > .

MARTHA ANDREWS < no role > sworn.

My husband's name is Daniel Andrews < no role > , William Bailey < no role > is a lodger of ours, in the one pair of stairs; he had a wife that was ill, that was a little way out of town.

Do you remember any thing of his giving the key of this room to you? - Yes.

What day was that? - I had the key only the day before.

Did you go into that room? - No, I did not.

Did you deliver the key to any one? - No, not till Mr. Bailey requested it of me again, the door continued locked.

Was you present when the prisoner was taken from under the bed? - I was, the alarm was given about two or a little after, before the prisoner was taken, because he had been in the room sometime.

How long after might it be? - It might be half an hour.

When you came into the room, were the windows open? - One was, that I am clear in, and I do not know of the other.

Were the sashes fastened before? - Yes.

Was any thing broke? - No.

How could they get in then? - I don't know, the fastenings were not very stout, but they were fast; some thing had been put through the sash, which seemed to be pushed through. (The rug and blanket produced.) They are Mr. Bailey's property, I sold them to him when he took the room. On the 11th of August, I was alarmed with a great rapping at my door, I thought it was some disorderly person.

What time was that? - Two, or rather turned of two, that was after the watchman passed, all was fast then.

(Bailey deposed to the rug and blanket.)

THOMAS RICHES < no role > sworn.

I am a patrol, Bailey delivered the prisoner to me between two and three in the morning, the 11th of August; I heard the alarm of thieves, and was told they were at No. 27, that is Mr. Andrews's house; I ran immediately to the house, there I found Mr. Bailey half dressed and half undressed, holding the prisoner by the collar, I asked him what was the matter, he told me, and when I saw the prisoner, I spoke to him, he said, do not jaw me, I took him away.

JOSEPH UNDERWOOD < no role > sworn.

I am the other patrol, I can say no more than the last witness.

GEORGE MUNDAY < no role > sworn.

I am a Tallow-chandler, I live opposite the prosecutor, I was alarmed with their breaking into the house, it was a little after two, I went into the street, and saw something on the other side of the way, I went over, and it was a blanket and rug; I knocked at the door, and called up Andrews, and Mrs. Andrews came to the door, and took the things off the pavement, she wanted a light and one was brought her; then I went up stairs, and I saw the prisoner in Mr. Bailey's hands.

PRISONER's DEFENCE.

I was going down Villar-street, about half past two, to see a young man that I knew, and there were four men that stood under this window, and they asked me to be so good, to get in at the window, for they had lost the key of the street door; and I was affraid till they persuaded me, and I got in, and then they called out thieves, and I was afraid, and I got under the bed.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Justice GOULD.