212. WILLIAM HOUGHTON proceedingsdefend and THOMAS HORTON proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Humfries proceedingsvictim about the hour of two in the night, on the 15th day of January last, with intent her goods and chattels, in the said dwelling-house then being, feloniously and burglariously to steal .

GEORGE LAW < no role > sworn.

I live with Mrs. Humfries, a baker , in Bambridge-street, St. Giles's ; on the 15th of January her house was broke open, about half past two on Sunday morning we were alarmed by the watchman, we got up and let the watchman in, and he came in and found two men in the shop, I never saw them before, the prisoners are the men, they never got away from us.

Was any part of the house broke? - The bake-house door was broke, and I do not know whether it was fastened up over night or not; when I saw it, the bottom was broke a piece off, this is the piece, I do not know how they got in, the door was wrenched open, and this piece was wrenched off.

MARY HUMFRIES < no role > sworn.

I keep a baker's shop in Bambridge-street, St. Giles's; I have two parlours even with the shop, I sleep in the back parlour; about half past two, on the 15th of January, I was alarmed by the watchmen and rattles in the shop, I called to my man, and came out of the back parlour, I missed nothing but two shillings and two-pence halfpenny that I left on the table on Saturday night, I looked about the parlour and found these pieces of wood that were broke off my beaufet, I saw the door and it was broke and a jar, it joins the shop, it was under the same roof as the dwelling-house.

THOMAS SERJEANT < no role > sworn.

I fastened the door about eleven at night, the night before, and locked it.

Which door was it? - The door that shuts to, I fastened the door with a lock and key, I fastened them both, I shut it down, I am sure I fastened it at that time, I tried it afterwards, and the board was shut down, I saw it the next morning and it was broke.

GEORGE THOMPSON < no role > sworn.

I am the watchman that belongs to that round, and coming along pretty close to this door, I found it broke and wrenched open, I knocked thinking some of the servants laid below, and one of the men asked who that was; I answered, the watchman; he asked what I wanted, I told him the place was broke, and the man arose and opened the shop door, while I stood at the shop door, while he was dressing himself, having no light, I put in the light, and William Houghton < no role > and Thomas Horton < no role > stood between the flower sacks and the counter; I took them both there, I search-them for fear of my life, and when I found they had no fire arms, I thought my life was my own; I sprung my rattle for assistance, we searched the house and found nothing else, only the beaufett broke, and this piece broke off; I took them both to the watch-house.

PRISONER HOUGHTON'S DEFENCE.

I was going along, coming from the Running-horse, I tumbled down the cellar, and could not get up.

PRISONER HORTON'S DEFENCE.

I have nothing to say.

Watchman. I asked them no questions, and the prisoner Houghton desired I would not use them ill.

JOHN BARLOW < no role > sworn.

I know the prisoner Houghton about eleven or twelve months, he worked with me making scowering paper, he behaved very honestly to me; he left me five or six weeks ago, he left me on the Saturday morning, and on the Sunday, I heard he was in trouble.

HARRY MOORE < no role > sworn.

I am a weaver, I have known him about three years, a sober, honest, just, and faithfull lad to me, while he worked with me, which was about sixteen months.

BOTH GUILTY , Death .

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