209. THOMAS FREEMAN proceedingsdefend and JOSEPH DYER proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Broughton proceedingsvictim , about the hour of six in the night, on the 24th day January last, and burglariously stealing therein, three silk handkerchiefs, value 6 s. one cotton handkerchief, value 12 d. and one worked muslin apron, value 12 d. his property .

The witnesses examined apart at the request of the prisoners.

ROBERT BROUGHTON < no role > sworn.

On the 24th of January last, between six and seven, the window of my shop was broke open, at that alarm I run out of doors, I keep a chandler's shop and pawnbrokers ; I ran out and found some things had dropped from the window, and others stolen out; the prisoners were apprehended in a few minutes afterwards, these are the things which were taken away from my house, which had dropped about fifteen or twenty yards near my house; Joseph Tyson < no role > took them up, these are my things, they have sufficient marks for me to swear to them; here are tickets on two or three of them, that I can swear to, I know the marks, they are my wife's writing, they were put into the window for sale, and I knew the people they belonged to.

JOSEPH TYSON < no role > sworn.

On the 24th of January last, in the evening, coming home past the prosecutor's house, I heard a glass give a smash, and I saw the two prisoners at the window, there was no one else near it, I was about six yards from them when they dropped the property; there were handkerchiefs, and some aprons, one or two, I picked them up in a hurry, the handkerchiefs were either sewed together or pinned together, but the apron was separate from the others; these are part of the things that I picked up, but whether they are the whole I cannot tell, I am sure they are the same that I picked up, I delivered them to the prosecutor directly; stooping to pick the things up, I lost sight of the prisoners, and in the course of ten minutes or less, I saw them again, a woman apprehended them.

Had you any knowledge of the prisoners before this time? - No; I did not cry stop thief! there was a woman before them, she clapped hold of the youngest of them, and called out for the prosecutor, the prisoners never offered to stir, they said, they were going to the White Raven, to get a pint of beer; I will venture to swear they are both the people that broke the window; there was light from the window and the lamp, and they were under it.

Prisoner. This man said, he was twenty yards off me, and he said, I was the most likely person.

Tyson. I hear what he says, but it is very false, there was no other person but the woman.

What time was it? - Soon after six.

SARAH BYLE < no role > sworn.

I saw two or three people standing by the prosecutor's window on this night, and when I had gone five or six yards, the window was broke; the people that were under the window run away, I apprehended one of the prisoners.

Do you know that either of the prisoners were either of these persons that broke the window, or were either of them stopped by you? - Yes, I take them to be the same people, I once before saw Joseph Dyer < no role > , and as to Thomas Freeman < no role > , I have known him above ten years; I am sure he was one of the persons that was under the window.

Did you take notice of the person of Dyer at this time that you stopped him? - Yes, it might be ten minutes past six, when the window was broke.

When you stopped Dyer, did you make such observations on his person, that you can positively swear he is the person you saw at the window? - I cannot positively swear he is the same person, I can say he is the same person I took hold of; I saw the prisoner Freeman at the window ten minutes before the robbery was done, and I saw the window broke, and I am positive Freeman was there at the time, and another, if not two with him.

Prisoner Freeman. Before the Justice, that woman said, she could not swear to me.

Mrs. Byle. I would not have wished to have been brought here, but I told Mr. Staples that he was the man, and I believed Dyer to be the other.

PRISONER FREEMAN'S DEFENCE.

I was going to look after my father, and this woman came after me, and said, I was a likely person to do it, and they took this prisoner and me, and the man could not swear to me the first time.

THOMAS JENKINSON < no role > sworn.

I have known Freeman ten years, and have always known him to be an honest lad, I live in Long-alley, Moor-fields.

PRISONER DYER'S DEFENCE.

My mother is very bad, and my master is taken to the King's Bench, and he cannot be here.

Court to Byle. Was there any body before the Justice?

Prisoner Freeman. When I was taken, this gentlewoman said, she took us, because she saw us looking on the ground.

Byle. They were both there, and another person in their company.

BOTH GUILTY , Death .

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