382. JOHN JOHNSON, otherwise KELLY proceedingsdefend , was indicted for feloniously breaking and entering the dwelling house of Thomas Brooker proceedingsvictim , about the hour of six in the 14th day of August last, no person being therein, and feloniously stealingtherein a child's skirt, value 1 s. a pair of child's stays, value 6 d a bank note, value 10 l. twenty pounds in money, and other things, his property .

THOMAS BROOKER < no role > sworn.

I live at No. 65, Gray's-inn-lane , I am a cheesemonger . I left my house on Sunday the 14th of August, about six in the afternoon, it was then safe; there was no person in my apartments, which are separate from the other parts of the house, and has a different entrance; it is a house let out in different tenements; the landlord does not reside in it; I left my house, and double locked the door about five, or half past five, and all my windows. I returned about a quarter past nine, or before ten, it was rather dark, not quite dark, I could discern people so as to know them. When I came up to my door a woman stood upon the step, I saw the prisoner in the shop; I immediately seized him, and took him with assistance to the Talbot; when he was searched there nothing was found upon him, but in the struggle I took a child's skirt and stays from him. I returned from the Talbot inn, and I got a lodger to stand at my door while I went to the Talbot. I found my drawers broke open by violence, I lost a 10 l. bank note, and about 20 l. in cash, gold and silver, some guineas, some half guineas, crowns and shillings. I have never recovered any part of my property. There was violence on the shop door, the lock appeared to be picked.

Mr. Knowlys, Prisoner's Counsel, Do you sleep at the Canns in Holborn? - No.

Who is it lets the apartments to you in Gray's inn-lane? - No one, I am the householder, I let out the apartments.

Who is your landlord? - Mr. Edmonds, two doors from me.

You found a woman at the door, she went away on your coming up? - Yes.

Did you say any thing about the stays at the Talbot? - I am not certain.

Do you know a man of the name of Turner? - Yes, very slightly.

Do you know Collyer? - Yes, I had a lodger of that name, the prisoner is acquainted with him.

ANN HARRIET BROOKER < no role > sworn.

I am the wife of the last witness; I come to prove the property. (A child's skirt produced.) I have the fellow to this skirt, it is my property, I know it by being my own work; it was kept in a drawer that was broke open. I do not know when I saw it before, but I believe a week before; the value of it is about 18 d. the skirt and stays are attached to each other.

Mr. Garrow. Do you call these things skirt and stay, or stay and skirt? - Sometimes one and sometimes the other, they are washed separate, but worn together.

I suppose you call the thing which a child wears under its chin in the month a pair of stays? - No, I do not, I call it a stay.

(Mr. Garrow objected to the naming of the stays and skirt together, and said the indictment was erroneous. The Court overruled the objection.)

JOHN DAVID BURKENBUSH < no role > sworn.

On the 14th of August two of my friends coming up Gray's-inn-lane, I heard the cry of stop thief. I saw the prisoner running; I stopped the prisoner, he was taken to the Talbot inn, the prosecutor had hold of him at the same time; I saw the prisoner put his right hand in his pocket, and throw something away, it looked like a handkerchief or napkin. I heard something sound, I followed the sound, and picked up an instrument, it is called a crow, I believe it is the same instrument.

Prosecutor. I dragged him out of my shop, he had like to have been too strong for me.

JOHN FRANCIS BECKHAM < no role > sworn.

I am a clerk in a compting-house, I was walking along Gray's-inn-lane, I saw the prisoner throw something, which made a jingle, this is the instrument.

ISAAC HAYWOOD < no role > sworn.

I found this iron in the cradle, I went into the house when the noise was. I believe this is a crow, I found it in the room where the drawers were broke open.

PATRICK M'MANUS < no role > sworn.

My Lord, when the prisoner at the bar was examined at Bow-street, Sir Sampson ordered me to go to the house, and try the crows; I did so, and they fitted every place that had been broke open. I have no doubt about the crows.

GEORGE WYNCH < no role > sworn.

I am a baker, I was standing at my own door, and I was sent for to take charge of the prisoner; I searched him, but found nothing but a handkerchief.

JOSEPH WOOD HUSSEY < no role > sworn.

I am an attorney at law; I saw the prosecutor and prisoner at the door of the Talbot, I was just come to town, and had put up my horse; they were struggling, the prisoner threw something out of his pocket, it made a jingle; I followed the found, I thought it might be picklock keys. This is the instrument picked up, I know it by its having been made out of a file.

PRISONER's DEFENCE.

This person that prosecutes keeps a public-house, I was there, I wanted to go to the Peacock Burton Alehouse; I expected a friend to meet me, and left word I would be back very soon, in coming back they seized me; I know nothing more about it.

AARON TURNER < no role > sworn.

I have conversed with the prosecutor many times. Brooker told me he had been robbed, that he had been out, that Kelly had been drinking at his other house; he said he suspected Johnson Kelley < no role > ; searched Kelley, and found nothing upon him; I then said, you are mistaken in the man; he said he did not know whether he was the right man he was so flurried; he said he suspected another man, who lodged with him, and who owed him rent, and who had absconded.

CHARLES PALMER < no role > sworn.

I was at the Talbot-inn, when the prisoner was searched, there was nothing found but a foul handkerchief in his breches.

PETER SNEER < no role > sworn.

I was at the Talbot, when the prisoner was searched; I did not hear any thing of any skirt being found.

THOMAS PALMER < no role > sworn.

I was going down Gray's-inn-lane, I walked fast, and trod upon a person's heels, he gave me many ill words; I begged his pardon: I cannot say the prisoner is the man.

GUILTY, 18 d. not of the house breaking.

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]