313. WILLIAM FOLKES proceedingsdefend was indicted for feloniously breaking and entering the dwelling-house of John Paynton proceedingsvictim , on the 5th of July last, no person being therein,and feloniously stealing a wooden trunk, value 5 s. a blue coat, value 2 s. a pair of velveteen breeches, value 1 s. 6 d. a pair of kerseymere breeches, value 1 s. 6 d. a pair of fustian breeches, value 1 s. five linen shirts, value 20 s. two pair of worsted stockings, value 2 s. two pair of cotton stockings, value 4 s. two muslin neck-handkerchiefs, value 2 s a linen pocket-handkerchief, value 6 d. three linen night-caps, value 1 s. 6 d. two cotton night-caps, value 6 d. a black leather pocket-book, value 1 s. 6 d. a pocket dictionary, value 6 d. the Book-keeper's Guide, value 8 d. and two steel razors, value 6 d. the property of John Railton proceedingsvictim .

JOHN FRANKLIN < no role > sworn.

I saw the prisoner come out of this house with a trunk in his hand; I am very sure it was him; he came out of the back room, one pair of stairs; he had the trunk in his hand, and was putting it on his shoulder; he walked across the road with it; I let him go on till I went up stairs to see if any body was at home; I found nobody in that room; I ran down stairs, and ran across the road to Mr. Bearden, who kept a publick-house, and he assisted me to take the man; he had the trunk on his shoulder; this is the same trunk.

- HAMILTON sworn.

I am a headborough; I brought this trunk to the justice's; I received it from the last witness, in the shop, in Queen-street; I have kept it ever since.

(The trunk and articles in it deposed to by Railton, who said he left it in the room, and saw it the next day at the justice's; the value of them is 2 l. 7 s. 9 d. he shut to the door of the room when he went out, but so as the servant could get in to make the bed.)

- BEARDEN sworn.

I was a publican at the time of this robbery; I saw him with this trunk on his shoulder, the 5th of July, in Princes-street; I took him, and Franklin took the trunk.

Prisoner. He said he should prosecute me or lose the 40 l.

Bearden. There is no truth in that; I said I was bound to prosecute him in the penalty of 40 l.

EDWARD TREADWAY < no role > sworn.

I only apprehended the prisoner with Theophilus Butcher < no role > .

Prisoner. A man offered me a pot of beer to carry it to Kingsgate-street; the man ran away; I told Franklin it was none of mine.

GUILTY, 39 s .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.