671. THOMAS SIBSON otherwise JOHNSON proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Benjamin Cullington proceedingsvictim , about the hour of one in the night of the 21st day of July last, and burglariously stealing therein, one man's hat, value 3 s. one silver hat buckle, setwith stones, value 3 s. the property of John Webb proceedingsvictim ; three pair of stockings, value 4 s. two stocks, value 1 s. and one pair of cotton stockings, value 1 s. and for afterwards burglariously breaking the said dwelling house to get out of the same .

BENJAMIN CULLINGTON < no role > sworn.

I keep the New-inn, Tottenham-court-road ; on the 27th of July, the prisoner came to live with me as a waiter ; on the 31st, he went away in the night; some trades-people had a supper at my house that night; I was up stairs waiting upon them most of the evening, my wife went to bed rather before one o'clock, and when I came down about a quarter after one, the prisoner was gone.

When did you see him last in the house? - It might be about twelve o'clock or after.

Were your company gone? - My company was left in the house.

The house was not fastened up for the night? - Yes, the maid fastened the door upon the spring lock; about twelve o'clock or after, I came down to let some persons out, and saw it fast.

How many doors have you to your house? - There is but one door to go out; there is a back door into the yard, but it is walled in; there is no getting out of the house that way.

How high is the wall? - About ten feet.

Were the lower windows of the house shut or open? - Shut, we shut up about eleven o'clock.

Was the back door shut or open? - It was open when I came down.

Was the front door shut or open? - Open when I came down.

Did any of the company that were up stairs come down before you came down? - Yes, two of them; when I came down I missed the prisoner; I went to look for him, and found he was not in bed; I thought perhaps he might have gone to bed; he had left his hat behind him; when my wife got up next morning, she missed the things mentioned in the indictment.

(Repeats them.)

Did you ever find any of them again? - No, except the man's hat that was taken away belonging to John Webb < no role > .

How soon after did you find the prisoner? - On the 22d of August, Mr. Ford apprehended him in Middle-row, St. Giles's; he used my house, and knew the prisoner; he sent for me, and I came and saw him at the Cock in Litchfield-street.

What did he say for himself? - He said he was very sorry, and told me where he had sold the table cloths.

Did you make him any promise of favour? - No, none in the least; he asked whether I could get the things back again without paying for them; I told him, may be I might; he said he had sold them to a Mrs. Harris, in Old-street-road, he sold two table cloths first for seven shillings, and one for three shillings.

Did he say when he had taken them? - No, they were there the day before he went away; one of them was laid for supper the night he went away; the other things he said he could not tell any thing at all of.

Did you find any of the things at Mrs. Harris's? - No, there were some duplicates found upon the prisoner, but they did not relate to any of my things, except a pair of breeches, which I believe were mine, but I am not sure.

Who were those two of the company that went away? - One was a Mr. Dunbar, an ironmonger, next door to me, and the other a Mr. Fish.

Are either of them here? - No; Webb's hat was found upon the prisoner's head.

JOHN WEBB < no role > sworn.

What do you know of this matter? - That is my hat, my Lord.

How do you know? - By marks that are in it.

What marks? - When I used to sit down to dinner or supper, I used to put the chewed tobacco out of my mouth under my hat upon my head, and here arethe marks; I am sure it is my hat; when I lost it, there was a silver buckle in it, but there is now another in it.

HUMPHREY FORD < no role > sworn.

On the 20th of August, I apprehended the prisoner in Middle-row, St. Giles's; his master had informed me that he was gone from him, and had robbed him; I saw him, and gave him a few halfpence the Sunday before he went; I took him by the collar, and said he had robbed his master, and he should go with me to him, but he said he would not go to him; says I, then you shall go into the hands of justice; I took him to the Cock in Litchfield-street.

What did he say for himself? - He denied his innocency; says I, from the hand of justice you shall not go; I left my fellow-servant with him while I went for an officer; he begged for mercy, he said he had not taken nothing at all; Webb's hat was on his head; he said he had given eighteen pence for it in Rosemary-lane; when the officer came, he found sixteen duplicates upon him.

PRISONER's DEFENCE.

When they took me, I was in liquor, and did not know what I said, if I did say it, I do not know it; I bought the hat in Rosemary-lane.

Court to Cullington. What was the value of the table cloths? - I suppose three or four guineas.

Court. Are you sure they are worth forty shillings? - Yes.

GUILTY, Of stealing the goods to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.