253. LUKE JONES proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Arundell proceedingsvictim , on the 26th of March last, about the hour of eight in the night, and burglariously stealing therein, a cloth coat, value 30 s. a pair of cloth breeches, value 8 s. and a waistcoat, value 2 s. his property .

JOHN ARUNDELL sworn.

I live in Pennington-street, near Old Gravel-lane ; I went out at half past six on the 26th of March; I left nobody at home; I locked the door after me; there are two doors, one door was double locked, and the other door was bolted with two bolts; the windows were bolted; I returned at about half past seven; I met this little boy, who told me he saw two men get into my window; I ran home as fast as I could, and looked through the chamber window, and saw a candle moving in the chamber, up one pair of stairs; I directly ran over to the Fox, and begged Mr. Carter to come to my assistance; I found the door double locked, the same as I left it; I opened it as fast as ever I could, and ran in, and ran up stairs with two or three more of the witnesses; I came into the chamber, and saw nobody; in the course of a very short time, I heard something fall in the garret; while I was looking in the garret, I looked up the garret chimney, and there I saw the prisoner in the chimney; we pulled him down directly; he said, do not use me ill; and he laughed at us; when we secured him, I went up about the house, and looked to see whether any thing was moved, and I found the drawer was not locked, and these clothes that I have here bid been moved, and taken out and laid on a chair; I am quite sure they were in the drawer before, and not on the chair.

Are you quite sure of that? - I am quite sure of that, the things are mine.

(Deposed to.)

WILLIAM ABBOTT < no role > .

What age are you? - Not eleven.

Are you ten? - I shall be eleven, the 11th of this month.

Do you know the nature of an oath, my little man? - No Sir.

Do not you know what will happen to you, if you swear falsely? - Yes.

What will happen to you? - Everlasting punishment.

WILLIAM ABBOTT < no role > sworn.

Take care to tell nothing but the truth? - I was going out for a quartern of butter, and I saw a man getting into Mr. Arundell's window.

What time in the evening was it? - Between seven and eight.

How did the man get the window open? - I did not see him get the window open; he was getting into the window as I came out.

Are you sure it was past seven? - Yes.

How did you see him, what light did you see him by? - I saw him getting in; he had a brown coat on; they had a candle alight.

Was there day-light enough for you to see him by? - Yes.

Besides the candle then, there was daylight enough to see him? - Yes; the prisoner is the man; I am sure of it.

THOMAS ARLINGTON < no role > sworn.

I went into the prosecutor's house, with him and some others, there we found the prisoner getting up the chimney; I did not see the things that were found at that time.

Prisoner. I beg for mercy.

Court. What may be the value of these things? - About three pounds.

Court. What! these old clothes worth three pounds? - Yes.

GUILTY, Of stealing to the value of 25 s. but not of the burglary .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]