854. SARAH HALL proceedingsdefend was indicted for feloniously and burglariously breaking and entering the dwelling house of Lyon Phillips proceedingsvictim , between the hours of four and five in the afternoon, on the 14th of July last, no person being therein, and feloniously stealing therein one brown cloth coat and waistcoat, value 9 s. one Marseilles waistcoat, value 4 s. a pair of velveret breeches, value 5 s. two cotton gowns, value 8 s. a white Marseilles petticoat, value 5 s. one black callimanco ditto, value 5 s. one linen sopha cover, value 3 s. three linen sheets, value 3 s. three linen shifts, value 3 s. three muslin neckcloths, value 3 s. his property .

LYON PHILLIPS sworn.

I am a housekeeper, I have a wife and three children, no lodgers; I went out in the morning of this day, and left my wife and children at home; I came home at night between five and six, and then I was informed I was robbed, and that the woman was taken, and I went there, and there she was with my property; I know the things, and so does my wife.

REBECCA PHILLIPS < no role > sworn.

My husband went out and left me at home in the morning, I went out in the afternoon about three, and left nobody at home, the children were at school, I went up stairs, and put on my hat and cloak, I came down and locked my door, and padlocked it.

In what state did you leave the windows? - My kitchen windows were shut, my shutters were open.

Why in that hot weather were none of your windows open? - No, none.

Are you sure of that? - I am very sure of

How happened it they were all shut? - As I was going out I shut them all.

When did you come home? - I came home about a quarter after five, when I came into the street I was informed I was robbed, then I went home and found my house broke open.

How did it appear to be opened? - The padlock was cut, and the lock was broke.

How do you mean cut? - With a knife or file, or something.

Was not it an iron padlock? - Yes.

Was the other lock open, the lock of the door? - That was broke, and two of the drawers were broke open.

Where were the things before they were lost? - They were in those two drawers very safely.

Do you know any thing at all of the prisoner yourself? - Nothing at all, she is quite a stranger to me.

MARY PACEY < no role > sworn.

I did live then in the Little Minories opposite these people; I was talking to my little girl, I saw the prisoner bundle up a packet of clothes, I saw her through the window, their window was a-jar, it was neither open nor shut, in the one pair of stairs; Mrs. Phillips had had her windows cleaned, and left her window open, or else I could not have seen.

Then she had left her window open before she went out? - She had left her window a-jar; I did not see the prisoner go out, I saw her in the room, she appeared to me to be looking over clothes; I looked at her a good while, I had my little girl with me, and I said to her, Mrs. Phillips is very busy looking over her things, and presently I saw the prisoner come down with the property: I should have had no mistrust, but she dropped a pair of morone coloured breeches and an old sheet in the passage, I then thought she had been robbing the house, she had a large bundle, almost as much as a porter could stand under, with a quantity of false keys; and all that she had about her.

Did she turn back to pick them up? - No, she went on, I pursued after her as quick as possible, she went with the things to the Three Kings, where she had left her child while she committed the robbery.

Who got the things after? - I do not know, it was a Jew man, a constable.

Did he take it into his custody in your sight? - Yes.

Were those things the constable took charge of the same that you stopped upon the prisoner? - Yes, Sir, the same to my certain knowledge.

What did she say for herself? - First she said she had them given her, then she said she got them for twenty-five shillings.

HANNAH ELIAS < no role > sworn.

Please you, my Lord, I stopped this woman, she had the things with her, I saw the constable take charge of her, they are the same things.

Court. Is the constable here with the things? - He was not bound over; the things were left in my care, because there was some things in them, which his wife could not do without in her lying-in.

When were those things given to you? - There were thirty-four picklock keys found in her pocket and a particular knife.

When did the constable deliver them up to you? - It was the 15th of July, the next day after the robbery; the same night she was taken the things were sealed up, and left at my next door neighbour's house.

Who took charge of the things at the Three Kings? - The constable sealed them up, and left them with a next door neighbour of mine in my presence; I saw them again the next day at Guildhall, they were brought there in the same state; they were opened by Alderman Plomer, and they were looked over, and the Alderman asked me what I would value them at; I told him I would leave it to him, and he valued them at three pounds; they were then committed over to my care, and have been in my possession ever since, and are here now, the same things that were sealed up in the bundle.

(The prisoner's pocket produced.)

Prosecutor. These are my breeches, all the neighbours knew them, I wore them constantly, and my coat, I wore it constant every sabbath.

(The things deposed to.)

Court. What may your coat and waistcoat be worth? - Ten shillings, the velvet breeches five shillings.

What are your two gowns worth? - Ten shillings, they are charged in the indictment at eight shillings.

What is your white petticoat worth? - Four shillings; the black petticoat, four shillings; and the sopha cover, four shillings.

Are there any sheets? - Here are three old sheets, value three shillings; three shifts, three shillings.

Court. Were there any neckcloths? - I cannot find any here.

(The padlock produced that was found in the fire-place.)

PRISONER's DEFENCE.

I deal in clothes, a woman asked me to buy them, and I bought them, and that gentlewoman charged me with an officer: I have two poor children.

Court to Jury. Gentlemen, this indictment is founded upon a particular act of parliament, which was made for the protection of poor people, who are obliged to leave their houses in the day time to go to their labour, and which makes it a capital offence to break into a house by day time, and to steal therein to the amount of five shillings; if there is a deficiency in the proof of breaking and entering, that makes an alteration in the charge, for unless the house is broke and entered, stealing therein to the value of five shillings in the day time is not a capital offence; but if she did not break and enter the dwelling house, still, if she stole to the value of forty shillings, she is guilty of a capital offence.

GUILTY, Of stealing to the value of 39 s. but not of breaking and entering .

To be imprisoned in Newgate twelve months .

Tried by the first Middlesex Jury before Mr. RECORDER.