672. DANIEL HENLEY proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of Charles Grooby proceedingsvictim , on the 16th of August , about the hour of nine in the forenoon, one Elizabeth, the wife of Daniel Adams < no role > in the said dweling then and there being, and stealing one hat, value 18 d. one pair of buckles, value 4 s. one pair of knee buckles, value 12 d. one coat, value 40 s. one waistcoat, value 3 s. one silk waistcoat, value 5 s. two pair of breeches, value 10 s. and four shillings in money , the property of James Gun proceedingsvictim .

ELIZABETH ADAMS < no role > sworn.

I live in Mr. Grooby's house, No. 22, Queen-street, May-fair ; James Gun < no role > was put into the house as a guard to sleep in it; on Thursday, the 16th of August, about nine o'clock in the morning, the prisoner knocked at the door, under pretence of taking away the rubbish from the top of the house; he is a bricklayer's labourer, and had been at work in the house two days before; I opened the door, and asked him what he wanted; he told me he came for some rubbish that he left upon the house top the night before; they had finished their work the night before.

There was nobody else in the house but you? - No, I let him go up stairs by himself, as he had done the day before; Gun's box was in a room adjoining to the room that the prisoner went through to fetch the rubbish; he opened the box with this false key. (Producing it.)

You did not see it? - No, he came down with a basket, but I did not perceive any thing in it at that time; he went away, and did not return till the next evening about six o'clock; he then knocked as before, I let him in; he then said he came to fetch a brush and trowel belonging to the bricklayer which he had left; the room door where Gun's box was, was locked; it was locked on Thursday, but it was on Friday; I went up with him on Friday, and found the door was locked.

There was a window open in the room? - Yes, and he put a ladder up for the trowel and brush; I came down stairs, and left him there; I had a suspicion that hewas the person before; I intended to detain him in the house; the prisoner's master detained him, till I could get a constable, a constable came, and took him to the watch-house; when he came down he had a great deal of property about him.

What property? clothes or what? - Men's clothes.

Did you know whose they were? - Yes, I can swear to them, because I washed some of them.

(Repeats the things mentioned in the indictment.)

You know those things belong to Mr. Gun? - Yes.

Did you observe whether any thing had been done to the door? - No, the key was in the door withoutside, that he could unlock the door without breaking it.

Did you go to see if the box was open? - No, I did not, the young man locked the box in the morning, and took the key with him.

You said it was the first day that the coat was taken? - Yes.

How do you know that? - Because the young man went up stairs, and missed it, and charged me with it.

JAMES GUN < no role > sworn.

I was at Mr. Grooby's house, as a kind of guard.

Had you any property there? - Yes, all that I have; I kept them locked up in a box in the room adjoining to where I slept, and kept the key of it in my pocket.

On the 16th of August did you miss any thing from your box? - No, not till the next morning, the 17th, when I missed the things mentioned in the indictment.

(Repeating them.)

What time in the morning did you go out? - At six o'clock to work; the box was then in the room, and I locked the door myself, and left the key in it; the box was picked with a false key; when I came home, I found he had been taken with the property upon him.

These things were taken out of your box? - Yes.

Court to Mrs. Adams. Had you been up stairs on the 16th, in the morning after Gunn went out, and before the prisoner came in, and went up stairs? - No, if the door was left locked by Gun, it was locked when the prisoner went up, for nobody had been in the house, nor up stairs, but myself to make the bed in an adjoining room, but I did not go into this room at all.

Did you take notice whether the door was shut or not? - It was shut, but I cannot say whether it was fast or not.

ARTHUR POTT < no role > sworn.

I am a bricklayer; the prisoner had worked for me several days at Mr. Grooby's house; and on Wednesday, the 15th, they had finished their job at night; I wanted him on Thursday morning, but he did not come to his work as usual; I learned that in the course of the day, he had been to the house to fetch his tools away; on the 17th, about eight o'clock in the evening, Mrs. Adams called to me, as I was passing by the end of Queen-street; I went to her, she told me she was glad to see me, for she had found the thief, and was then going in search for a constable; I told her I would stay at the house till she came back; I went to the house; the prisoner was then standing at the door with a man that had care of him; I called him into the passage, and shut the door; she had told me she was certain he had then got some things about him; I asked him several questions about the robbery, and he denied knowing any thing at all of it; I saw he had something between his waistcoat and his shirt; I unbuttoned his waistcoat and took out this pair of shoes; I asked him how he came by them; he told me they were his; he was going to change his lodgings that night, and was taking these things with him; on further persuasion, he took those two pair of stockings out of his breeches; soon after the beadle came; we then further searched him, and tookseveral other things from him; they are all here.

Did you find any key upon him? - No.

JOHN DISNEY < no role > sworn.

I was sent for to Mr. Grooby's house, on the evening of the 17th of August, about half an hour after eight o'clock; I took the prisoner into custody, I searched him, and found upon him a shirt, a waistcoat, a pair of stockings, a neck handkerchief, and a penknife. (Producing them.) I have had them in my custody ever since.

Court to Gunn. Look at those things, see if they are your's? - They are mine.

Were those things in your box? - Yes; this hat and buckles I found at the prisoner's lodgings on Saturday morning, the 18th, in his chest.

How do you know it was his lodging? - He told me himself it was his lodgings.

Where? - In St. Giles's.

JOSEPH WILLINGTON < no role > sworn.

I am a pawnbroker; on the 16th of August, the prisoner pledged this coat with me in the evening, about five o'clock.

Court to Gunn. Is that the coat you lost out of your box? - Yes.

PRISONER's DEFENCE.

I did not take a lock from any box.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Justice GOULD.