210. CORNELIUS CRONE proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Elizabeth Bell proceedingsvictim , about the hour of three in the night, on the 13th day of February , and burglariously stealing therein, one hundred and fifty pounds weight of lead, value 20 s. the property of Joseph Kirkman proceedingsvictim .

THOMAS BELL < no role > sworn.

I am grandson to the prosecutrix, she is a single woman, she lived in High-street, St. Giles's , she rents a house; it was broke open on the 13th of January, about ten we went to bed, about six in the evening I saw the house was safe, it was the window of the ground floor that was broke open, it had been a shop, but was shut up at this time; it was in the front of the house, I looked at that window about six in the evening, it was shut, and a parcel of rubbish laid against it.

How is it fastened? - I believe it had been nailed sometime before, but I did not examine it to see whether it was nailed that evening, it had been nailed for four or five nights, it was usually kept bolted.

Was there any shutter to it? - Yes, outside shutters.

Nailed? - There was a bolt withinside to the shutters, I believe it was not fastened on account that they could not get into the room, at six o'clock, I did not examine whether the nail was in, but as I passed it, I saw there was a great deal of rubbish lay on the outside of the window, and the window shutters were both close, but whether nailed or not, I cannot say.

Did you observe at all after six till you went to bed? - Not to my knowledge; the next morning I was called up about seven, and informed of the robbery, I went to look at the window, and I saw the window broke open, it appeared that the bottom part of the shutter was wrenched open, and the top and bottom of the shutters were broken, and the sash was lifted up; I did not see that the window was broke.

Was any other part of the house broke? - Not that I saw.

Was any thing taken out of the house? - Not that I know of, I know nothing more of the matter.

Jury. Do you sleep in the same house? - Yes.

JOHN ABRAHAMS < no role > sworn.

I live at No. 24, Tottenham-street, I saw the shutters nailed about a week before the robbery was committed, on Monday the 13th of February; I ordered the workmen to lay a quantity of rubbish against the shutters, and when I left the building, which was about five, the shutters were quite secure; and when I came in the morning, the rubbish was removed, and the windows open, and the lead gone.

Was it necessary to remove the rubbish in order to open the shutters? - We could not get the shutter open before, that room had been locked up for a week, but not the rest of the house.

WILLIAM TOMKINSON < no role > sworn.

On Tuesday morning, when I came to work, about half past six, I found a quantity of lead lay in the yard, and the shutter was broke open, and the bottom sash lifted up; there was half a hundred weight of lead, the lead was the property of Mr. Kirkman, it was left in the house, it was put in the parlour; and I looked in the morning, and found the lead, some of it was gone away, and some little remained, I did not take notice how much.

What quantity of lead was there in the whole that you took off Mr. Kirkman's house? - That I cannot say.

Did you try the lead with Mr. Kirkman's house, to see whether it fitted or not? - No.

DANIEL BURBRIDGE < no role > sworn.

I cut this lead into five several pieces myself, and carried them into the front parlour of Elizabeth Bell < no role > , and that piece which is here now, I know to be the same lead that came off Mr. Kirkman's building, I know it by the short piece that is here; (produced) and here is a place I cut with my hatchet.

JAMES GUNNING < no role > sworn.

On the 14th of this month, I saw the prisoner going with this lead on his back, I saw him going from the fence of the house when he took the lead, I pursued him and took him with the lead to the watch-house.

JOHN GARDENER < no role > sworn.

I was passing through St. Giles's, the 14th of this month, about three in the morning, and I heard the fence crack in the boards, and I made up towards; and saw the prisoner going off with the quantity of lead upon his back, I pursued him, and he threw away the lead, and I took him about fifty yards from Mr. Bell's house.

GEORGE MIDDLETON < no role > sworn.

On the 14th of this month, about three in the morning, my partner, the last witness, and I were walking in St. Giles's, I am a patrol, and we heard the cracking of boards, and we made up to a fence, by Mrs. Bell's house; I saw the prisoner with a load on his back, and we followed him up to his lodgings, he was about fifty yards from the fence when we first saw him, he never was out of our sight, we asked him no questions.

WILLIAM DAYSELL < no role > sworn.

I am a watchman, just above where the robbery was committed, I heard the beat of the witness Gunning's rattle, I took charge of the prisoner, and as soon as the other men were out of sight, the prisoner began to wrestle with me, and I took him to the watch-house, and they brought the lead after; and going along, he said, did you see me with the lead upon my back; I said, no; he said, if you do not let me go, I will have both your ears off before Saturday night in you box; and at Middle-row, he again attempted to kick up my heels.

Prisoner. I know nothing of the lead.

Court. Have you any witnesses? - Yes, I have witnesses, but I have not them here now.

Court to Bell. Do you know this man? - No, I sleep upon the ground floor, that was the same that this lead was in, and between this room where I slept, and the room where this lead was, there is a kitchen.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice BULLER.