213. JOHN MEARS proceedingsdefend was indicted for feloniously breaking and entering the dwelling house of Thomas Parr proceedingsvictim , about the hour of one in the afternoon, on the 17th day of January last, Elizabeth Parr < no role > , Peter Parr < no role > , and Ann Nicholas < no role > then being in the said dwelling house, and feloniously stealing therein, three pieces of gauze, containing thirty-six yards, value 3 l. his property .

THOMAS PARR < no role > sworn.

I live in Watling-street , I keep a gauze warehouse , the prisoner entered my house about one in the day, on the 17th of January; this is the parcel I lost.

(Deposes to it.)

Court. How do you know they are yours? - By the tickets.

What is the value of them? - Three pounds, I saw these gauses about ten minutes before the theft was committed, I never saw the parcel opened till now, since that time.

Mr. Peatt, Prisoner's Counsel. How many partners have you? - None.

You deal very largely in gauze? - I deal in gauzes, not very largely.

This gauze is a very common sort? - Yes, I have sold quantities of it.

Do you ever sell goods with that mark upon them, Sir? - I always send them with the marks on, and with particular tickets.

If you had seen them three pieces of gauze, in any shop twenty or thirty miles out of town, a day or two after, should you have known them from your shop mark to be the gauze you lost that particular day? - I should have known it to be my own mark, I should have known it to have been gauze that was in my shop at that time.

There are other gauzes of that sort? - I do not know that I should have known it unless the tickets were on.

Now from the probability of knowing these figures, can you take upon you to swear they are yours? - I think I could, I can swear to the hand writing of my young man who made these figures.

Can you take upon you safely to swear that you would know the figures of your clerk in distinction to others? - I could be pretty sure, I do not know I could swear to it.

Court. Have you any doubt about it? - None in the least.

Is the mark the same as your shop mark? - The figures are the same, here is one of my own figures, I could not be sure it was my gauze, unconnected with this story.

Or that it was gauze that was in your shop, at that particular moment that you describe? - No, I could not.

Court. If you had seen these figures at any other particular place, should you have known them to be yours? - I should.

Then having your figures to your gauze should you have any doubt but they were your own? - No.

PETER PARR < no role > sworn.

I live in Thomas Parr < no role > 's house, being up stairs, I heard the garret door open, and I saw through the glass door, the prisoner running out, I pursued him, and at the corner of Bread-street, I saw him tying the parcel round his coat, he struggled and tore his coat, he was brought back to the warehouse, he fell down on his knees, and confessed he did it.

What became of the parcel? - I took the parcel, he delivered it up to me, I found it upon him, I carried it home to the warehouse; this is the parcel.

Do you know whether the door was shut or open? - It was shut, I am sure of it, for the bell does not ring otherwise, and I heard the bell ring; the prisoner was out of my sight half a minute, I never saw the prisoner before.

Court. Do you know the figures on these gauzes? - Yes, some of them are mine, I know by the figures they are the same gauzes that were in Mr. Parr's warehouse.

Did you search in the warehouse to see if any had been taken away? - I looked before I went, and missed that parcel.

Mr. Peatt. Can you know them figures from other figures that you have made on other goods? - Yes.

Who was in the house? - Elizabeth Parr < no role > was in the house, and the maid servant Ann Nicholas < no role > .

PRISONER's DEFENCE.

I leave it to my counsel.

JOHN WORRALL < no role > sworn.

I was coming along Bread-street with my cart, when this young man took the parcel from the prisoner, and he broke loose from him, and he called out stop thief! and I followed him and took him in Cheapside, and brought him to the warehouse of Mr. Parr, and there the prisoner owned in the warehouse that he had taken a parcel out of the warehouse.

Mr. Peatt. Did you say any thing to him? - I said, if you are innocent of it, go back to the warehouse where this young man lives, I made no promises nor any body else in my hearing.

The prisoner called one witness who gave him a good character.

GUILTY , Death .

Tried by the London Jury before Mr. Justice BULLER.