591. WILLIAM SLAUGHTER proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of William Grace proceedingsvictim , about the hour of twelve in the night, on the 7th of August last, and burglariously stealing therein, a cloth coat, value 20 s. a cloth waistcoat, value 10 s. a pair of velveret breeches, value5 s. a stuff gown, value 2 s. a man's hat, value 2 s. a man's wig, value 5 s. a muslin neckcloth, value 1 s. a linen handkerchief, value 1 s. a cotton bed-gown, value 1 s a pair of man's shoes, value 2 s. a pair of plated buckles, value 2 d. a linen apron, value 1 s. a linen waistcoat, value 1 s. a velveret hatband, value 2 d. a brass hat buckle, value 2 d. his property .

WILLIAM GRACE < no role > sworn.

I live in Black-horse-yard, East Smithfield : I keep a house there, which was robbed on the 1st or 2d of August; I discovered it that night between eleven and twelve: the watchman came and awoke me; I went to bed a little after ten; but I could hear no clock; nobody else slept in the room; I fastened my door with a bolt; I lost the clothes I have on, which I had pulled off when I went to bed, and hung on a line, a coat and two waistcoats, and a pair of velveret breeches; and a hat and wig, and shoes and buckles, and a stuff gown and handkerchief; the gown belonged to my wife; she was not with me; I lost also an apron of my wife's; I suppose the thieves got in by pushing back the bolt; the next morning I found the bolt had been forced open; there was the appearance of some of the door case having been cut; the bolt goes into iron: my wife was up stairs that night taking care of a poor woman that was ill.

JOHN SMITH < no role > sworn.

I am a watchman of St. John's, Wapping: calling the hour of eleven, I tried the door; it was fast; coming back at twelve, I found this gentleman's inner door broke open; he was fast asleep; I awoke him, and he said he had lost all his clothes; I went to the watch house, and found the prisoner there and some clothes: I went to the prosecutor to go to the watch-house; he had only an old pair of slippers and a bit of a jacket to go to the watch-house in; he went to the watch-house as naked as he came into the world.

THOMAS OLIVE < no role > sworn.

On Sunday night, the 1st of August, I saw the prisoner come by my box a quarter before twelve, with a bundle under his arm; I told him to stop; he went on and took no notice, but seemed to go faster; I called to my brother watchman, and he stopped him; and I came up and took the property from him, which the prosecutor afterwards saw at the watch-house; it contained the same things as when I stopped him.

Grace. I saw the things at the watch-house; I should know them if I was blind.

(Deposed to all the things.)

THOMAS GRAYFLOWER < no role > sworn.

I stopped the prisoner with this bundle, which was taken to the watch-house; I took this handkerchief from his neck, which he said was his own property.

Grace. I am quite sure this is my handkerchief.

PRISONER's DEFENCE.

I never had no handkerchief on my neck; I had the hat on my hat, and the handkerchief over my shoulder: coming from work, I found the things in Black-horse-yard: that watchman, Grayflower, saw me pick them up, and then they took me; I told them I did not know what it was.

Court to Grayflower. How is this?

Grayflower. I was walking about my beat: Thomas Oliver < no role > called to him to stop; he said he had goods, and would not stop; I did not see him pick up the things.

The prisoner called two witnesses who gave him a good character.

Jury to Smith. When you first went round, how did you find the door? - The outward door was open; and I tried the inward door two or three times; the doors are very near one another.

GUILTY , Death .

Tried by the first Middlesex Jury before the Lord CHIEF BARON.