236. JOHN DAVIS proceedingsdefend (aged fourteen) was indicted for burglariously and feloniously breaking and entering the dwelling house of Metcalf Johnson proceedingsvictim , about the hour of eight in the night, on the 3d of February last, and burglariously stealing therein, two pair of men's leather shoes, value 5 s. his property .

METCALF JOHNSON sworn.

I live No. 65, Bishopsgate Without ; I am a shoe-maker ; the house is my dwelling house; on the 3d of this month, on Saturday evening, about eight, I heard the glass of the window break; I was in my back place when I heard the noise; hearing the glass break I ran out, and it was the outside window of the shop.

Have you a double window? - Double glass, and double window; the inside glass shuts upon hinges.

Was the inside glass, or the outside glass broke? - The outside window; when I ran out, the people said he ran that way, and I saw the prisoner laying down; I crawled to pick him up; his hands and feet were on the ground.

What did he say? - He said he did not know any thing of it, and that somebody had knocked him down; I did not find any thing upon him; I did not miss any shoes immediately, but the shoes were produced when he came into the shop by one Webster, he is not here; they are my property; they were made for sale; the initials of my name are in my own hand-writing; they have been in my possession ever since; I have kept them separate ever since; there were two pair of shoes taken; Webster produced only one pair; I took a candle, and went and searched, and in the place where he lay, I found this pair among the mud; this pair is also mine, I know it by the work; I have had them frequently in my hand, and put them into the window again; I am induced to believe they are mine, because they were brought in at that time; I would not make oath of them at another time, as I would at this; I believe them to be my property; when I searched for what shoes were missing, I found one pair wanting; I missed three pair in all; when the prisoner was brought into my shop, he had white nankeen breeches on, but they were all over mud; it was dirty weather, and the road had been new made; the shoes are both dirty; they are in the same situation they were when they were returned to me; this pane of glass was three parts broke at the window of my house; it is twenty inches by fourteen; there were shoes against the pane.

Was your door open at this time? - No, it was shut, whether it was before or after eight, I cannot say, it was thereabouts; it was quite dark; the lamps were lighted, and there were candles in the shop; these shoes were piled up one on the other; there were three pair missing in all.

GEORGE HILLARY < no role > sworn.

I am a tobacco-pipe-maker; on Saturday evening, the 3d instant, I was coming from work; I came to the prosecutor's window, and saw the prisoner standing at the window with a stick in his hand; I had never seen the prisoner before that time to know him; I saw him about five minutes; it was not above five minutes from the time I saw him, till he was taken; I kept my eye upon him, and with his stick he hit the glass, and snatched out more than one pair of shoes; this is the stick; he broke the window, and snatched the shoes out.

Was you on the same side of the way? - The same side.

Were there any lights near? - Yes, it was a moon-light night, and there was a lamp, besides candles burning; he snatched the shoes with one hand, I cannot say which; I am sure I saw him take the shoes; there was no soul night.

Is not it possible these shoes might have fell down when he broke the window? - No, no, I am sure he put his hand in, and took them out of the shop; he immediately ran off with them, and I ran after him; when he came about twenty yards from the prosecutor's door; he slipped down, and as he slipped, I collared him immediately; as he was getting on his knees, this Mr. Westber came by, and assisted in taking him; the shoes lay close by him, one pair, and this stick I took out of his hand immediately; I then took him into the prosecutor's house, the prosecutor looked in at his window, and said he hadmissed more; he did not mention how many pair; the prisoner was present at the time; the prosecutor said the shoes that were brought in were his; the prosecutor went out immediately, and I saw him bring the other pair of shoes.

Prisoner. I leave it to my witnesses; I had just done work; I had been taking a walk, and coming down Bishopsgate-street, a gentleman took hold of me, I told him I was going home; he collared me, and took me into the shop; I am innocent.

Court to Mr. Johnson. Was any stick produced to you that day by any body? - The same evening, I really do not know who produced it; the shop was full; it has been in my custody ever since, till yesterday; this is the stick.

The prisoner called nine witnesses, who gave him a good character.

GUILTY , Death .

He was humbly recommended to mercy on account of his youth, good character, and being his first offence.

Tried by the London Jury before Mr. ROSE.