416. JONATHAN WIGLEY proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of James Tollingbush proceedingsvictim , about the hour of eight in the night, on the 10th of March last, with intent his goods and chattels, in the said dwelling house then being, feloniously and burglariously to steal .

A second count, For breaking the dwelling house of Thomas Fasset proceedingsvictim , Mary Cox proceedingsvictim and Joseph Ruse proceedingsvictim , about the same hour, with the same intent.

The witnesses examined apart at the request of the prisoner.

THOMAS TEMPLEMAN < no role > sworn.

I am servant to Mr. Drummond, and I found a padlock hanging on the door, and the lock picked, and the prisoner up two pair of stairs, that was at the Yorkshire Grey, in Eagle-street, Red Lion Square ; I had the care of the house, I had locked it on the outside with a padlock, I am sure I locked it; I went out about eight, and returned within ten minutes; I went to get a pint of beer, nobody was in the house when I went out of it, and when I returned the padlock hung open, on the door, and the door open.

Did your key afterwards go in it freely? - Yes, I found the prisoner on the second step, of the second floor, I seized him by the collar, and said if you have any thing about you, drop it, and surrender yourself, or else I will cut your head open, with this pin of iron, which I have in my hand, and he dropped a saw knife; I heard him throw up a sash in the front of the house, and endeavour to jump out of the window.

Court. Could you have got in that way? - No, it was so high he was affraid to jump out.

Had he taken any thing? - No.

Had he moved any thing out of its place? - Not to my knowledge.

Who actually lived in this house last? - One Tollingbush, I think the name was.

Did you sleep in the house? - Yes, I took care of it for Mr. Drummond.

How long had it been empty? - I believe pretty nigh two months.

Who does the house belong to? - To Mr. Fassett, the brewer.

Did he ever live in it? - No.

How long had you slept in the house, before it was broke open? - Three weeks.

What excuse did the prisoner make for getting into the house? - None at all.

Did you find any keys upon him? - No, only a saw knife, and a tinder box, and matches, and a dark lanthorn were found upon him.

JONATHAN PROSDER < no role > sworn.

About eight in the evening, I heard an alarm, I live next door but one; I came down, and run into the dining room, I heard a noise of a table clapping, and I immediately called out, and seized the prisoner, and brought him to the stair head, he had a large saw knife in his hand.

Court. Was the house furnished? - Yes, partly.

Who did the furniture belong to? - Mr. Fassett.

What do you call partly? - It was very common furniture, the house had been robbed before, there were two stock beds.

CHARLES COLLETT < no role > sworn.

I saw the prisoner drop the saw knife.

GEORGE MECHAM < no role > sworn.

I took the prisoner in custody, and this dark lanthorn, and matches, and tinder-box, were given to me by Collet.

PRISONER's DEFENCE.

I was going along at that time in the evening, and heard the alarm of stop thieves, I went up stairs following these people, and I thought I saw somebody going up two pair of stairs, and I said so, and they turned round and said they supposed I was the thief, and they took me.

What are you? - I am a carpenter.

Have you any friends here to speak for you? - I do not know if I have.

Have you worked in London? - Yes, my trial is come on so soon, that my friends are not here.

FRANCIS COLLINGTON < no role > sworn.

Mr. Drummond employed Templeman to take care of the Yorkshire Grey, he was put in possession, in order to take care of the goods by Mr. Drummond and Mr. Fassett together.

Were they joint owners of the house? - No, Sir, Mr. Fasset was the owner, and Mr. Drummond did the business for him; and therefore he was put in care of the goods; he appraised the goods for him at the time the person left the house, Fassett bought the goods.

Who was concerned with Fassett in this house? - There was one Mr. Ruse and Miss Cox, but I cannot tell what their Christian names are.

Mecham. I got the name from the house.

Do you of your own knowledge know that they are in partnership? - I had their three names from the brewhouse; they said they were the partners.

Who said so? - One of the clerks said so.

Are any of the clerks here? - No.

Court to Jury. There is no regular evidence before you whom the house belonged to.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron EYRE < no role > .