254. BENJAMIN BRICKMAN proceedingsdefend was indicted for feloniously breaking and entering the dwelling-house of Thomas Wenman proceedingsvictim , no person being therein, between the hours of eleven and twelve in the forenoon of the 13th of December last, and feloniously stealing therein, two pounds weight of beef, value 6 d. a cloth waistcoat, value10 s. a handkerchief, value 4 s. a pair of stockings, value 3 s. half a guinea, value 10 s. 6 d. the property of Thomas Wenman proceedingsvictim , the younger proceedingsvictim ; and a crown piece, value 5 s. and 9 d. in money, the property of Charles Wenman proceedingsvictim .

THOMAS WENMAN < no role > sworn.

I live at West Drayton, near Uxbridge ; on the 13th of December, my house was broke open; I was out at six o'clock in the morning to work; I left a little girl at home, my daughter, about nine, nobody else; her mother was out a washing, and I was out hedging and ditching; about two I was sent for home, a little boy came after me, his name is William Wenman < no role > ; when I went out, I left the doors and windows all fast, I did not lock the door, because the child was in the house; when I was sent for home, I found the window open, but not broke; there was a little hole in the window, and a bit of a rag was in it, that was broke before, there was nothing new broken; I missed the money, the boy's waistcoat and stockings, there was a crown-piece belonging to one of the boys, and sixpence and some half-pence; and there was half-a-guinea belonging to the lad that is here; they were all in a box together; the box was not locked; the money was in a little chest of drawers; the waistcoat with the things were found upon he at night; I was not present when he was taken; here is the man that took him, I know nothing more; the little lad that came for me is not here.

THOMAS WENMAN < no role > sworn.

I am son to the last witness; I only swear to my property.

RICHARD LLOYD < no role > sworn.

I know nothing further than finding the things this young man has sworn to, on the prisoner; I took him at the sign of the Leather-seller's Arms; on the 13th of December, near nine in the evening, I found this waistcoat.

WILLIAM ALLWIN sworn.

I am a constable; this is the same waistcoat that Lloyd gave me, it never has been out of my custody.

Court to Lloyd. What did the prisoner say for himself when you took him up? - He said, he had not been near Drayton that day.

(The waistcoat deposed to by Thomas Wenman < no role > .) I am sure of it; I know it by a button being loose, and by a spot.

(A little girl set up)

How old are you? - Nine.

Do you know any thing of the nature of an oath.

(No answer.)

Do you know what an oath means.

(No answer.)

Do you understand me, my little girl; do you know the meaning of an oath? - No, Sir.

Do you know what would happen to you, if you was to swear false? - No, Sir.

Have you ever learned your catechism? - No.

Court. I do not think this child is fit to be sworn; there is no evidence without the child of the capital part of the indictment.

PRISONER's DEFENCE.

I bought this waistcoat in the road, of a labouring man, and gave 3 s. for it; there was nobody besides me and the man.

Court. Have you any body to give you a character? - No, I am so far off home.

GUILTY, But not of the breaking and entering the house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.