100. JAMES JOHNSON proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Ree proceedingsvictim , about the hour of seven in the night, on the 9th of January last, and burglariously stealing therein, two men'scloth coats, value 40 s. one pair of velveret breeches, value 18 s. one linen gown, value 7 s. one flannel petticoat, value 12 d. one half-crown, eighteen-pence, one hundred and twenty halfpence, value 5 s. and twelve farthings, value 3 d. his property .

The witnesses examined separate, at the request of the prisoner.

THOMAS REE < no role > sworn.

I live at Hoxton, in St. Leonard's, Shoreditch . My house was broke open on the 9th of January, about a quarter after seven in the evening; my wife and me were coming home from chapel on Sunday evening; the chapel is about a furlong from our house; and I saw a light in the bed-chamber, up one pair of stairs; I got in my house as quick as I could; a neighbour followed me; I got in by unlocking the fore door; I went out about a quarter before six in the evening; all the doors and windows were fast; there was an empty house next to mine, which door was open; and the back door was open; when I was going up stairs, I heard the cracking of glass; and I went out at the front door, and cried out thieves! and in about a quarter of an hour after, the prisoner was taken by my landlord, John May < no role > ; after the man was taken to the watch-house, I went home and searched my house, and missed the things in the indictment; on the prisoner there was found between three and four shillings in halfpence, and some six-pences, and a half-crown, King William and Queen Mary, which I swear to; the clothes were ready to take away; and the window was broke; the clothes consisted of two cloth coats, a pair of velveret breeches, a gown and petticoat, all packed up in this bag, on a chest under the window where the man got out; the things are mine; their value is, I think, about three pounds; I will swear they are worth that; I let the things remain in the bag, and went to the watch-house again; I saw the prisoner searched, and found the money I mentioned, and a remarkable halfpenny.

Court. What are you? - I keep a small chandler's-shop and small coal-shed, in a small way.

After you found those things in the condition you mentioned, did you look about the house to find which way any body could get in? - Yes; they got in at the empty house, the door of which was unlocked; the back door was unbolted; they got to my house by getting over a low boarded fence between my house and the empty house.

Did you see any marks of any body having got over that fence? - I saw no marks but my back door was broke open.

Had you taken notice whether you left that shut when you went to the chapel? - Yes; it was bolted with one iron bolt, in the inside; and the iron bolt was wrenched open by a large chisel, which was found up stairs by Armstrong; it was no tool of mine; I saw Armstrong take it up by the chest; Mr. Armstrong fitted the chisel to the door; it answered.

(The clothes deposed to).

ELIZABETH REE < no role > sworn.

I am wife of the last witness. About a quarter after six, my husband and me went to chapel, and bolted and locked the door after us; we came home about a quarter after seven, or twenty minutes; and when I came home, I saw a light in the one pair of stairs room; we got a light, and went in; and going up stairs, I heard the window smash all to pieces; the lead light; it did not open; my husband went out; I staid within; I looked about the house, and went up stairs; I found this large bag, with these clothes in this bag: (deposes to the things): I saw them in the chest; it was not locked; I was very much frightened; I had not much power to look about the room; I saw Armstrong find a chisel, and fit it to the back door, which was broke open, and which had been fastened with a large bolt; the door posts were all forced with a chisel all the way down; that door was fast whenwe went out; I think I fastened it; it was dark when we returned.

JANE CITIZEN < no role > sworn.

I live about forty yards from the prosecutor. On the 9th of January, I was alarmed by the cry of stop thief! then I went into my yard; I saw the wooden fence broke down; I went a little farther, and saw the prisoner in the vault; I am sure it was the prisoner; I never saw him before; it was between seven and eight; I asked him how he came there? he said, to ease himself; I then asked him which way, or how he came? pointing towards the prosecutor's house, he told me he came through that house; then the prosecutor knocked at the door; he came in; I told him to secure the prisoner, which he did, and took him to the watch-house.

Prisoner. What reply did I make you when I was in your yard; did not I tell you I could give a very good account how I came there? did I point to the prosecutor's house? - Yes, across the yard where the fence was broke down; a part of the prosecutor's house looks into my yard; the empty house is between my house and the prosecutor's.

MARTHA MAGGS < no role > sworn.

I live in Scott-lane, Hoxton. On Sunday evening, the 9th of January, I went to see an acquaintance not far from the prosecutor's, in the same court where he lives; I think they call it Hoxton-square; I went there to buy a candle, and gave the prosecutor half-a-crown to change, and he refused it, and said it was a French one; and I took it out of his hand, and said, if it was, there was a fleur de lis upon it; I looked at it, and said, it is not a French half-crown, for it is a King William and Queen Mary; and he scrupled it then; and I shewed it to his wife; and then he gave me the change; I said then I should know the half-crown among a hundred; to the best of my knowledge, when I took such particular notice, I thought it had a kind of flaw in the silver.

Was it smooth on each side? - Remarkably smooth on the plain side, where the heads were not; my husband gave it to me on the Sunday morning; I did not take any notice of it till Mr. Ree refused it: (looks at it): to the best of my knowledge I think this is the half-crown; it is hard to swear; but I could almost take upon me to swear it.

JOHN MAYS < no role > sworn.

About seven o'clock, on the 9th of January, in the evening, I heard an alarm of thieves; I went out of my own house to see what part they came from, having about sixteen tenements belonging to me; I went round and found Ree's house broke open; the thieves had got in by an empty house which I had adjoining to them; I bought a new lock two days before; I am certain it was locked before on the Sunday, and bolted behind; going by on the alarm of thieves, I found the door broke open; and up stairs I had put up two standard lights; and going down I found several tiles broke belonging to the house of Mr. Owen, and that he had escaped over the pales about ten feet high; I went into the next yard, and examined the premises, and found a footstep there, and tiles; I traced the marks of somebody or other going from Mr. Ree's house, over my premises, into another yard; the window looked towards my house, my premises, and my yard; it appeared to me, that was the way that the thieves got away; and on information I went to Mrs. Citizen's door with two knocks; immediately I heard her say, thank God, my husband is come home; she opened the door to me; I rushed into the passage, and seized the prisoner; he is the man; I immediately took him to the watch-house, and he was committed; I searched him, and found some halfpence, about three or four shillings worth, and about four or five sixpences, and half-a-crown of King William and Queen Mary.

JOHN HARRIS < no role > sworn.

I am an officer; I took charge of theprisoner; I did not search him; the prosecutor said he had been robbed of some money; I asked the prisoner whether he had not got half a crown? the prisoner said nothing at all; they desired to search his pockets; but he took out his money himself; Mr. Mays and Mr. Rees said they would search him; he took out some halfpence, and some sixpences, and half a crown; the half crown Mr. Rees said was his, and that he would swear to it; the rest of the money he put into his pocket; this is the half crown; (produced); I have had it ever since.

Mr. Rees. This is my half crown; a King William and Queen Mary; I received it about five o'clock; I know it by the scratch on the head; I never saw it before that evening; I gave change for it; I received it from Martha Maggs < no role > ; I put it into the till under the counter, which was below stairs, and was not locked; I missed some halfpence and farthings, which were in the till; I told Mr. Mays of the half crown, and described it as we went to the watch-house: Mr. Harrison took it from the prisoner; (looks at it) I swear this is the same half crown; I could not have sworn to it if I had not taken it so recently.

Prisoner to Harris. Did not you ask me what money I had about me? - Yes; he told me he had got change for half a guinea of a gentlemen; I think he said at the place where he dined; and he said to me, I cannot give you change except you take such a half crown; then, says I, send for that gentleman? says he, I have nobody to send; I told him any of the watchmen should go for him; this was after the half crown was taken from him.

What did Armstrong say to you in the watch-house half an hour or three quarters of an hour after the robbery? - I do not recollect any thing particular that Armstrong said to me about the half crown.

Did not he ask you for this half crown when he came to the watch-house, to give him the half crown to make a mark on it, upon your oath, Sir, if you please? - I can take my oath to the contrary: Mr. May said, make a mark on that half crown? no, says I, as it is taken so shall it remain: Armstrong never mentioned about marking it.

Armstrong said, we shall get the reward, and cast this man to death, so help me God? - I heard him say no such thing.

JOHN ARMSTRONG < no role > sworn.

After the prisoner was in custody on Sunday night, the 9th of January, I went to Hoxton watch-house, between eight and nine; I searched the prisoner; I found six shillings-worth of halfpence, six pennyworth of farthings, and one sixpence in silver: the prosecutor out of them halfpence said there was one he knew; he looked at it in the presence of Harris, and myself, and a watchman, and said, this was the halfpenny; the half crown was before I came; it was only a talk about it: I went to the house by desire of the prosecutor, and I saw this chissel by a box, and a bag, which his wife informed me had some clothes in; then I went in presence of the prosecutor to the back door, and matched this chissel where somebody had tried to wrench the door; then I asked the prosecutor's wife, in presence of her husband and the officer, says I, do you know any thing particular in the halfpence? yes, she said, she knew that there was some copper halfpence, and among them a piece of a halfpenny; I produced all these halfpence, and she picked this halfpenny out at the justice's; I would not permit her husband to speak to her, left he should direct her: I do not remember I shewed the halfpence at the prosecutor's house: these are the farthings I took from the prisoner.

Prisoner. Did not you ask the prosecutor what he had lost? - I asked him this when I came into the watch-house, has the prisoner been searched? he said, he had given up half a crown, or some such thing: I took up all the halfpence into my handkerchief; the prosecutor said, that is my halfpenny I lost; then I took care of the halfpenny.

Court to Mrs. Ree. On this evening youpicked out something of a broken halfpenny? - Yes; Armstrong asked me if there was any thing among the halfpence that I could swear to? I said, there was a piece of a halfpenny in my till that I could swear to; I could not tell exactly how many halfpence or farthings; I took that piece of a halfpenny once or twice of a neighbour, and they brought it back again, and I said, well, it does not signify, I have had this halfpenny once or twice before; there was nothing particular but its being cut, and being a Welch harp; I should know it again; (the halfpence shewn her) this is my halfpenny; I saw it in the course of the week; it is impossible to say what day; I paid it away once, and the person I paid it to brought it back again; I never paid it away a second time; this is mine I swear.

Thomas Ree < no role > . By this halfpenny being in the till; I had seen it several times in the till; I might have seen it in that day; I should know it again by being a Welch harp, and a piece cut off; I do not recollect any other particular mark; this is the halfpenny; I will swear to it; I never offered it to any body because it had been refused so often.

PRISONER's DEFENCE.

The very afternoon of this robbery I was coming from Deptford with a shipmate; we stopped to have something to eat and drink; we paid our reckoning; I wanted change for half a guinea; some people, that were travellers or riders, gave me the change provided I took them halfpence; they gave us a half crown and some halfpence; we came into Bishopsgate-street; my shipmate picked up a young woman; we went and had something to drink in the course of ten minutes, and he went away with the young woman; she said she lived at Hoxton; they stood at the door and talked about ten minutes or a quarter of an hour; says I, if you go up stairs I want to go some where; I said I wanted to ease myself; says the young woman, if you go over some pales I will let you out, and you may come to us again; I went and heard the alarm of stop thieves; I was in the necessary; a woman came and took me; I told her I would give a good account of myself; I followed this good woman into her house, and as soon as I got into her door the man laid hold of me: they did; they took me to the watch-house; they asked me what money I had about me? I said I had change for half a guinea; says they, have you any half crowns? I said, yes; one: a man in the watch-house said, I believe this is my half crown; says I, swear to it if you think proper; I said, I had a small quantity of silver besides; I was locked up in a cage in this watch-house; I was there three quarters of an hour; then this Armstrong came and said, I believe I know you, says he; says I, I am just come from sea; I have not been in London: I took part of my money out of my pocket, and he took part, and the prosecutor was there, and Armstrong said, now tell me what you have lost? says he, to the best of my opinion I think three or four shillings-worth of halfpence; have not you lost nothing else? says Armstrong; yes, says he, half a crown: he went home to see; and Armstrong said, cannot you swear to this piece of a halfpenny? I said, says I, Mr. Armstrong, I took you to be a gentleman; I see plainly now what you are; you belong to the justice; you want to swear my life away: the next morning I was taken before the justice; he asked me what I had to say? I told him that was not a place for justice; says Harper, who was there, you villain, do you know what you are saying? says he, you villain, I will knock you down; says I, it is no service to say any thing at all. I have not a friend in the world; I have not been at home for six years; my chief witness when I got change at this publick house, he was a rider, a traveller; I sent a letter to this place, and they said, it was unknown when he would be at home; I subpoened him. When the man gave me the half crown, he said, this is a very pretty half crown, it will servesome of your girls; they like such half crowns.

GUILTY , Death .

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