331. JAMES MAGG proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Chandler proceedingsvictim , about the hour of eight in the night, on the 13th of April , and burglariously stealing therein a wooden tub, value 2 d. half a gallon of nuts, value 8 d. a cotton chair cover, value 4 d. a yard and a half of cotton, value 2 s. and twenty eggs, value 10 d. her property .

MARY CHANDLER < no role > sworn.

I live in St. Sepulchre's, Smithfield ; I keep a house, and a chandlers shop : my window was opened before I went to bed, and the things were taken that are in the indictment: the tub was taken out, which was within side; the window was shut down; it was a sash; I can positively swear it was down, because I live there, and my family; I did not see who took it; the eggs were broke.

ROBERT WALKER < no role > sworn.

I am a watchman. I produce a tub, which the constable of the night, Mr. Weldy, gave to me; he is not here; I took the prisoner to the Compter; he had like to have been rescued.

GEORGE GROVE < no role > sworn.

I am a mechanic, a watch and clock maker. I was coming casually by the prosecutrix's door, about eight; I heard a sudden noise, and saw the prisoner at the window, I am positive of it; I saw him lift up the window, and take something out like a tub; I told her she was robbed.

PRISONER's DEFENCE.

I was coming down St. John's-street, and I heard them call out, stop thief; and they took me; I took nothing out of the window.

GUILTY , Death .

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