191. WILLIAM LACY proceedingsdefend was indicted for burglariously breaking and entering the dwelling house of Robert Moscrip proceedingsvictim about the hours of seven in the night, of the 21st of January , and burglariously and feloniously stealing therein, three silver tea spoons, value 5 s. a pair of silver tea tongs, value 7 s. a silver table spoon, value 10 s. five linen shirts, value 12 s. and a silk cloak, value 14 s. the goods of the said Robert Moscrip < no role > .

ROBERT MOSCRIP < no role > sworn.

I live at No. 4, Middle Scotland yard, near Whitehall ; I cannot say my house was broke open; the things were taken out on the 21st of January, about seven o'clock; I went home from my work, going home near the door, a person came out of my house who did not belong to it; I met him, he was a suspicious person; this person walked very leisurely till he past me, as soon as he got past me he ran as fast as he could, as I imagined, which gave me a suspicion that there was something not right in the house; I went into my apartments, which is two rooms on the ground floor, which I inhabit myself; I went into the first room and I heard a person rummaging the drawers of the bureau; I stood at the door of the second room till a person came out of the room to me with these articles, the handkerchief excepted; the prisoner was that person I took with the articles on him, carrying them before him in his hands in this manner; I secured the prisoner and called for assistance to the lodger; a neighbour went to the public office at Bow-street and brought an officer, who took him into custody; I have the articles here, five shirts and a silk cloak, the other articles were taken from him by the officer; I saw the officer take from him a silver table spoon, a pair of silver tea tongs and two silver tea spoons; one was lost which never was found. When I went out I left my wife and my family, two children at home, my wife is here. I went out at one o'clock as usual, I had not been home between one and seven. I can swear to the articles, to the spoons by the initials of my name; I know the tea tongs by the cyphers of the same, the table spoon the same as the tea tongs; I leave speaking of the rest to my wife.

Prisoner. I would wish to ask him whether the place was broke open or not, as I am indicted for a burglary.

Court. Who is your landlord? - I rent the house of Mr. Copeland, in St. Martin's-lane, a carpenter; I let all the rest of the house out furnished or unfurnished, except those two apartments; I pay the rent of the whole house.

Q. Was any part of the house broke open; did there appear to be any violence about the house? - There was no other violence than about the flap of the bureau, that had been attempted to be broke; the linen and cloak was taken out of the drawer underneath.

Q. Was there any violence done to any part of your house? - There did not seem to be any violence as I saw.

Q. How do you apprehend they got in? - At the door, I imagine.

- MOSCRIP sworn.

I am the wife of the last witness; I was not at home when my property was taken; the last time I went out was about two o'clock, I have two children, a girl and a boy, and I took them both outwith me; I left nobody in my apartments when I went out; I left the outer door on the latch, because there was lodgers in the house; my husband first discovered the house had been robbed; I was sent for and came home after the prisoner was in custody.

Q. How are your rooms situated? - The one goes into the other from the kitchen into the parlour; when you come to the street door, there is a passage and the two rooms lay on the left hand, one behind the other; the parlour is nearest the street door, you pass by the parlour and come to the kitchen door; when I went out at two o'clock I locked the kitchen room door, but left the parlour door open, I gave the key of the kitchen to a lodger, all this property was taken from the parlour; there was no violence done to the parlour at all; the door was left open, there is no entrance into the parlour but through the kitchen; I missed all the articles in the indictment; the shirts and cloak were in the top drawer, the plate was in a cupboard in the parlour; that cupboard was left open, there is no communication from the parlour to the passage, I knew they could not come into the parlour but by breaking into the kitchen, I can swear all the things to be mine; I know the shirts to be my husbands, by the marks made by myself, and I examined and I found so many were missing; I had had the cloak eight or nine years, I particularly know it by the lace, it is a broad lace and a thing that I commonly wore in turn; the tea spoons I might sell for 6 s. the tea tongs for 7 s. the silver table spoons for 10 s. the five shirts for 12 s. and the cloak for 14 s. I saw the whole of the plate taken from the prisoner by the officer Cook, the same as my husband spoke to, I have kept the linen and the cloak from that time to this, the officer has the plate.

Prisoner. I think I heard her say she saw the property taken from me. - I did, I saw the plate taken from him.

EVANS LOGGARD sworn.

I am a lodger with Mr. Moscrip, that day I went home from my work about half after five from Craven-street, in the Strand, where I have worked eleven months; going home I went up two pair of stairs to get the key of one of Mr. Moscrip's lodgers, I gets the key and went down, and set by the fire about an hour, in this kitchen that leads into the parlour where the things were taken from, I used to use the kitchen; leaving the kitchen I cannot be sure whether I left the door on the latch or open, I went up to my lodging room, I know I did not lock the door, I went to put a lock on to a tea caddy in my own room, whilst I was up stairs I heard the landlord call for assistance, and I ran down to his assistance; going down to the kitchen I saw the landlord had hold of the prisoner, the prisoner was at that time in the kitchen near the parlour door, I saw the plate taken from him, I did not see the bundle in his hand; the prisoner had dropped the linen and the cloak at the door, I did not see him drop it.

Jury. Are your sure that you latched the door? - I am not positive.

Court. Are you sure the latch was down of the outer door? - I cannot be positive.

Q. You was the last person that came in before the prisoner was found, how was the street door? - I cannot be positive whether I shut it or left it open.

WILLIAM COOK < no role > sworn.

I attend at Bow-street, I am not an officer; about half an hour after seven o'clock on the 21st of January, a man came up from Bow-street and I wentdown to the house, I fastened the hands of the prisoner and examined him, and I found the table spoon inside of his breeches of his left thigh; on the right hand thigh I found a pair of tea tongs and one tea spoon, and in his great coat pocket I found this here tool (an iron tool produced) and a tea spoon; and since that, the gentleman has found one of the teeth of this tool in the bureau; I have kept the silver spoons ever since.

Mrs. Moscrip. I found the tooth of that tool in the bureau.

Prisoner. I leave myself entirely at the mercy of the court; I have nothing to say in the affair; I have no witnesses; I have no friend in the world.

GUILTY of stealing, to the value of 39 s. but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.