812. RICHARD CARROLL proceedingsdefend , (a blind boy) was indicted for burglariously and feloniously breaking and entering the dwelling-house of Joseph Short proceedingsvictim , about the hour of twelve in the night, on the 22d of September last, and burglariously stealing therein one linen shirt, value 4 s. one pair of nankeenbreeches, value 6 d. and one handkerchief, value 12 d. the property of Uriah Monk proceedingsvictim , in the said dwelling-house .

The Witnesses examined apart.

JOSEPH SHORT < no role > sworn.

I found my house was broke open; I was at home fast asleep; it was on the 22d of last month; the property belonged to Uriah Monk < no role > , left in my care, he is abroad; I got up at six o'clock, it was twelve at night when I went to bed; there were two rooms on a floor; my house and windows were fast when I went to bed; I nevet saw the prisoner in my life before he came to the mantle-piece, and one of the plates tumbled down, and that awoke me; it was twelve o'clock, I did not see him, but I threw a shoe at him; when I jumped out of bed, I took a poker, and he begged of me not to strike him any more; he said he was a lodger; I took him into custody and he struck me; I called my neighbour Dodd to my assistance, he came with a light; then the prisoner dropped the things, which he had under his arm; the man brought the things for my wife to wash that very same night.

Prisoner. He says he went to bed at twelve, and I disturbed him at twelve.

Prosecutor. It was past twelve.

Prisoner. Now, he says it was past twelve.

JOHN DODD < no role > sworn.

I am neighbour to the prosecutor, I was not gone to bed; as nigh as I can guess, it was between twelve and one; I heard a cry of murder, a woman cried that somebody was killing her husband; when I went, the prisoner and the prosecutor were fighting, there was a box broke open, and a shirt and some things were thrown about; the prosecutor accused him of having broke his box open, and stole out a pair of breeches and some things; the box was broke open under the window where the man got in.

ABRAHAM DAWSON < no role > sworn.

I am constable; I produce some things which were given to me by the prosecutor; I know nothing of the robbery, the man was in the watch house before I had charge of him; I marked them after I had them given to me, to see that they were the same that were given to me.

Prosecutor. They are the same things, I can swear to them.

Court to Prosecutor. How did this man come into the house? - The window was open, it was fastened the night before, and was secure.

Prisoner. These people used to keep the house and let lodgings, it is a kind of house for two-penny lodgings, and when I had no money, this was a place that was always open, as the neighbours told me; it is a lower place like a kind of shed, and when I had no money, I used to go and lay in there, and when I had money, I paid for my bed; I went to lay there, and this man laid hold of me; I have not got a friend in the world.

Jury to Prosecutor. Do you pay any rent for your place? - Yes; I pay the rent, it is my house.

GUILTY , Death .

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