491. SOLOMON MARKS proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling-house of Levy Goldsmith proceedingsvictim , about ten in the night, on the 24th of April , and burglariously stealing therein, two linen table-cloths, value 5 s. two linen sheets, value 5 s. two caps, value 2 s. two aprons, value 2 s. a bed-gown, value 3 s. a waistcoat, value 3 s. a nankeen ditto, value 2 s. two shirts, value 10 s. two shifts, value 5 s. a handkerchief, value 12 d. one feather bed, value 20 s. two blankets, value 2 s. the property of Jacob Phillips proceedingsvictim , in the same dwelling-house .

A second Count, laying it to be the dwelling-house of Jacob Phillips < no role > .

(The witnesses examined separate.)

HANNAH PHILLIPS < no role > sworn.

I live in Levi Goldsmith < no role > 's house; I have two apartments there; it was about nine and ten o'clock; and I sent my husband out for a candle; I was busy; to night it is five weeks; the candle was burnt out; and he came back and said, for God's sake who has left the window open at this time of night.

Court. Where is the house? - No. 117, Gravel-lane, Houndsditch . I was in a great fright; and I ran into the room where the window was open; I cried Almighty God, I am robbed! I am robbed! and make a great noise: I could not find no tief, nor no prisoner, nor nobody; the things were gone; I lost the things in the indictment (enumerates them.)

Court. When did you find them again? - On Sunday morning a young man came and asked me as I was robbed? and I said, yes; he told me if I would give him something he would tell me where my property was; I gave him half a crown; and he told me where it was; and he shewed a constable the place; and the constable came to me, and asked, if that was my property? I said, yes; and the constable took me to the house, where the prisoner was; he took the prisoner into custody.

SOLOMON ISRAEL < no role > sworn.

The prisoner came to me with this property this night five weeks, a little after ten; he asked half a guinea for it; seeing it was worth a great deal more, and seeing a veil in it, I told him I would have nothing to do with it, and sent him away: on Sunday morning, about twelve, I heard Mrs. Phillips was robbed; I went to her, and asked her if she had been robbed? she said, yes, and mentioned the articles; we went to Spinosa, and had the prisoner taken.

Prisoner. Where did I bring the property to you? - In my father's room.

JACOB SPINOSA < no role > sworn.

On the 25th of April, about twelve at noon, Solomon Israel < no role > came to me at my home, and informed me that Mrs. Phillipshad been robbed the night before, and that the prisoner came to him the same night, and offered him the things for half a guinea; I went to Mrs. Phillips and asked her whether she was robbed or not? she told me, that on the Saturday night she had been robbed; I told her I would go and seek after the thief: I went home; and just as I got home the prisoner came by; I took hold of him, and challenged him with the robbery; he said, he knew nothing of it; I told him I should take him into custody; he said, he would shew me the property; he took me to Dillon's-court, in Petticoat-lane; I followed him; he pushed open a door, and took a trunk, behind a door; he unlocked the trunk, and gave me these things in a bundle.

(The things deposed to.)

I was in my kitchen; there were two rooms on a floor; if they came through I must see them; they got through the window.

ABRAHAM FERNANDEZ < no role > sworn.

He deposed that he was at the prosecutor's house the same evening, and that the prosecutor's maid told her mistress she left the window open.

Jury to Mrs. Phillips. Was the window open? - It might be.

(Aged 15) GUILTY ,

Of stealing to the value of 39 s. but not of the burglary.

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.