288. JOSEPH POCOCK proceedingsdefend and JOHN HARDING proceedingsdefend were indicted for burglariously breaking and entering the dwelling-house of George Benfield proceedingsvictim , about the hour of ten in the night of the 26th of January , and burglariously stealing therein twenty-eight seals set in gold, value 31 l. a gold ring, value 12 s. a telescope, value 2 s. two dozen of black lead pencils, value 8 s. a botanical thermometer, value 12 s. his property.

(The Case opened by Mr. Silvester.)

GEORGE BENFIELD < no role > sworn.

I occupy a shop in Saville Passage, St. James's ; I had another place where my family dwelt, and where I had my meals, but I slept in this shop: on the 21st of January, about four o'clock in the afternoon, the prisoner Harding came in, and asked me the price of some seals, and asked, whether they were gold; I said, yes: he asked the prices, and said they were too high for him, he believed; but he would call again. On the 26th, about nine o'clock in the evening, the prisoner Pocock came in, and asked for a sheet of cartridge paper, which I sold him; I packed up my gold seals afterwards; I always take them home whether I sleep at home or in the shop; I put them on the compter; and when I had got home I found I had forgot to put them in my pocket; I went back; I found my door opened, and two men rushed out; they were pursued, and Reynolds was taken with this thermometer on him, broke as it is now; when I lost it, it was whole, and 21 gold seals were taken out of his pocket; I can swear to the property; I am sure the door was locked and fast when I left it.

Court. You keep an open shop? - Yes.

There were several people came in to ask the price of goods in that week? - Yes, but I do not remember any person, but the prisoner Harding, asking the price of gold seals.

GEORGE SMITH < no role > sworn.

I am an apprentice to Mr. Benfield; I remember the prisoner Pocock coming in about nine o'clock in the evening, and buying a sheet of cartridge paper; I am sure he is the person.

RICHARD KIRBY < no role > sworn.

On the 26th of January last I was coming along Saville Row, I heard the cry of stop thief! saw a man running, and I went up and collared him, and held him 'till the prosecutor came up; I saw the barometer taken from Reynolds the evidence.

ELIZABETH FORD < no role > sworn.

I know the prisoner Pocock; he came to our house on a Monday between ten and eleven o'clock at night; it was in the month of January; he asked where Reynolds was: I said I did not know; he said, he believed he was taken up, and sent to the watch-house.

Court. Have you any other witness to any fact but the accomplice? - No.

Court. The Justice has certainly done wrong in admitting the wrong person evidence, by which means the whole gang is protected.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.