1. JOHN AUSTIN proceedingsdefend was indicted for feloniously breaking and entering the dwelling-house of Robert Archer proceedingsvictim , in the day-time, one John Keys < no role > being therein, and stealing therein one metal watch, value 20 s. and a ditto, value 10 s. a pair of silvershoe-buckles, value 4 s. a stone breast-buckle, value 1 s. and 5 l. in money numbered, the property of Mary Hughes proceedingsvictim , in the said dwelling-house .

MARY HUGHES < no role > sworn.

I am a widow ; I live in Leather-lane ; I went out on Sunday, the 2d of October ; it was past three; I returned before five. I put the key into my door, and I found it open; it was a one-pair of stairs. I am a lodger; the landlord lives in the house; his name is Robert Archer; my brother and his wife were with me. There did not appear any violence. I said, my door is open; and directly I said so, the prisoner looked at me from behind the door in the front room. I screamed out, and ran down stairs. My brother and his wife went into the room. I went to the publick house, and the landlord came with me. I cannot say whether Keys was in the house. I locked my door safe when I went out; I did not leave any body in my apartment when I went out; I do not know that any body was in the house; I am quite certain I locked the door. The things were all in one set of drawers, which I locked; but I found them open on my return with the landlord. There did not appear to be any violence done to them; the things were all found in his pocket. The value of the goods I am not a judge of.

Mr. Garrow, Prisoner's Counsel. There are other persons live in the house? - Yes.

They have keys to let themselves in? - Yes.

JOSEPH TAYLOR < no role > sworn.

I am a shoemaker. On the day of the robbery I had been walking, and returned home with my sister. She put the key in the door, and it flew open; Mrs. Hughes screamed, and ran down stairs. My wife and I went into the room; as soon as I went in I saw the prisoner, not before; I saw him behind the door; my wife screamed out on seeing him, and said, Oh, you thief! I seized him; the things were taken, from him, and delivered to me, and I have kept them ever since. (Produces the things.) John Keys < no role > , I think, was in the house. He acknowledged all the things to be our's, except 1 s. of his own.

Mr. Garrow. You saw Keys come down after you went in, but you cannot say whether he was in the house before? - No.

MARY TAYLOR < no role > sworn.

I had been out on the Sunday; when we returned, my sister said, the door is open; she screamed out, and ran down stairs; and I went in with my husband, and saw the prisoner in an easy chair. We held him a few minutes. I was going then to look for my sister. He tussled with my husband, and they fell. He was searched, and I saw the shagreen watch taken from him, and a pair of silver shoe-buckles.

THOMAS RAY < no role > sworn.

I keep a publick house. About four or five o'clock of the Sunday afternoon, I went up stairs to her apartment, and found the prisoner struggling with the brother and his wife to get away from them. I pushed him back into the room; I put my hand into his pocket, and found a watch and a picklock key; there were several things taken from him. (Deposes to the articles.)

Mrs. Hughes deposes to the property. The watch I have had three years; it is worth 20 s. the other is worth 10 s. the silver buckles 4 s. stone breast buckle 1 s. thimble, three plain silver sleeve buttons 6 d. child's bell and wire ring, I put no value on these things.

GUILTY , Death . (Aged 19.)

Tried by the first Middlesex Jury before Mr. RECORDER.