192. WILLIAM BUTTERWORTH proceedingsdefend was indicted for feloniously and burglariously breaking and entering the dwelling house of John White proceedingsvictim , about the hour of three, on the night of the 19th of January , and burglariously and feloniously stealing therein, seven linen shirts, value 14 s. three pair of silk stockings, value 9 s. four pair of cotton stockings, value 8 s. three callico shirts, value 12 s. four pair of misello pockets, value 3 s. a flannel waistcoat, value 1 s. a callico bed gown, value 2 s. two dimity petticoats, value 5 s. a callico bed gown, value 2 s. two muslin aprons, value 4 s. four callico aprons, value 4 s. two check linen aprons, value 4 s. one pair of pillow cases, value 3 s. two diaper towels, value 2 s. three pair of lace ruffles, value 6 s. four muslin caps, value 4 s. a muslin tucker, value 1 s. a cotton night cap, value 6 s. five linen table cloths, value 15 s. a cotton gown, value 8 s. two cloth coats, value 10 s. a pair of cloth breeches, value 2 s. a pair of velveret breeches, value 2 s. a linen napkin, value 4 s. a muslin handkerchief, value 6 d. the goods of the said John White < no role > .

MARY WHITE < no role > sworn.

I am the wife of John White < no role > ; my husband is a labourer ; we live at Bromley , keep a house there; on Saturday the 19th of January, I went to bed a little after eleven, I went to bed and left my place secure as I thought; I was not the last person up; Elizabeth Wilt < no role > , a servant of mine, I believe, went up after me; I went into my room, and she went up stairs.

Q. How came you to hesitate about it? - She went up in the garret were she sleeps; I sleep on the ground floor; I am sure she went up before I was in bed.

Q. Are you sure she did not come down again? - Not till the morning; I fastened the house, we have no shutters to the windows in that room that was robbed; it is the kitchen backwards, belonging to the house, it has only one window in it, a casement, that window was shut with the asp, it is on the same floor as where I sleep, I was the last in the room, and took an handkerchief from the clothes that was lost, that window had not been opened for some weeks, I did not try it that night, I did not take any particular observation that night nor for some weeks before.

Q. Then the maid servant might have opened it? - She had no business in the room.

Q. Was that the window that the person had come into the room by, that took your things? - It was, the pane of glass was broke, taken out, and the casement opened; that morning I got up a little before six; the servant came down and was in the room first, and called tome and asked where the linen was that was in the room; it was Elizabeth Wilt < no role > , she is an old woman; I did not know there was any occasion to bring her here; I lost all the things mentioned in the indictment; there are some things found which are here, they were not all my own things that were taken away; I am a poor washerwoman and take things in to wash, but all these things were in my house in the night of Saturday the 19th of January. I knew nothing of the prisoner till I saw him at Shadwell office; my window looks into a back yard, other yards of other houses communicate to it, a whole row of houses communicate to it.

Q. Was it dark when you got up, or how? - Very dark.

JOHN JEVISON < no role > sworn.

I get my living by dealing in old clothes in Rosemary lane; on the 20th of January Sunday morning, Butterworth the prisoner and another they came to me between five and six in the morning, and told me they had a quantity of wearing apparel, and they had got it hid away in some place, in some fields; I am told the name of the other is Faulkner who came with him, and they wanted money of me to go and get a coach to bring the bundle, they said it was not prudent to bring it then on account of the patroles for fear of being stopped; I refused them any money that time of the morning, they went away and came again about seven or it may be a little after, both of them, each of them brought some of these articles which they spoke of before; they offered them for sale, and I bought as many as I gave 30 s. for, they told me they had as many as would come to 10 l. or 12 l. but they could not bring them then for fear of being discovered; the things that I received were dirty; they said the other things were washed and done up fit to carry home, and they said they could not bring them then, but they would another time; after that I heard no more particularly of them, till I heard they were taken up, they never came to me with the others.

Court. What day was this? - On Sunday.

Q. What did you do after this? - I naturally put them out of my house for safety; they told me that they got them so and so, and desired me to put them out of the house; I put them in a bag up a chimney in another house where no person lived in; then Wednesday morning I was taken up, and I took the things to Shadwell office, I was taken up for some other things, and I was admitted an evidence, and I told all as I knew; I had known this boy about two months, I did not know the other.

Court. You say you had known this boy some months, in what way of life was he in? - Sometimes he was at work and sometimes he lived with girls; but I never knew him guilty of housebreaking.

Q. You could have no doubt that these things were stolen? - I did not doubt they were stolen, but I did not think that they had broke a house open for them.

Q. Then being taken up for some other robbery you was admitted a witness on this robbery? - Yes.

PETER MAYNE < no role > sworn.

I know nothing more then that I received some property of the last witness, and saw the prisoner sign a confession before the magistrate.

Court to Mrs. White. You attended before the justice? - I did.

Q. This boy was taken up there? - He was.

Q. Did you attend the whole time? - I was ordered to come to Shadwell officeon Thursday, I went on Thursday, and there I saw this part of my property I lost; I sware to them, I don't know who had taken them, nor where they came from after they were gone from my house; I was then ordered to attend the next Friday, which I did, I was in the parlour with justice Staples; then he ordered Butterworth to be called in, the prisoner at the bar, I had never seen him to my knowledge before; when he came into the parlour justice Staples asked him how he came there, and he told justice Staples.

Q. Did the justice tell him he had better put his hand to it, what was the words? - He asked me to sign my name, and then he said William Butterworth < no role > sign your name, he said I cannot write, the justice said then put your mark.

Q. Was it read to him? - It was.

Q. What did the justice say to him, did he say he had better put his mark to it or no? - I cannot say for truth whether he did or no.

Q. You put your name as a matter of course? - I did.

Q. He put his name just in the same way, the justice did not tell him he should be cautious what he did, because he was confessing a capital offence? - Not that I know of.

Q. No caution given the boy at all? - I don't know there was.

Q. What age is the boy? - I don't know, I think I heard his mother say he was but sixteen.

Q. There was no caution used, but he signed it merely as a matter of course? - The boy was asked the question by justice Staples and he did it.

Q. Had he an idea that he was to be a witness against Faulkner? - I don't know.

Q. Of what age is Faulkner? - About twenty, I have seen him.

Q. Are you sure that the justice after hearing what he said, read it over to him? - I am sure that justice Staples read it.

Q. And nothing at all said to the boy, either to induce him to sign, or to caution him what he was about? - I don't know that there was.

Court to Mayn. Any caution given to this boy? - Mr. Staples asked him what he had got to say, he then upt and told the particulars.

Q. You have known pretty much Jevison? - I have, his way of life is in this way, I believe he has been so for years; I have known him four or five years.

Q. Was not the idea held out to the boy that he was to be a witness against Faulkner? - No.

Q.Was he told that he was to confess the whole that he had done and that he would not be hurt? - No, not a word of that.

Q. What age is Faulkner? - He is something older than this.

Jury. Is Faulkner in hold? - He is not; I had these things of Jevison the Wednesday after the robbery, Jevison was not apprehended for any thing at this time, but I believe he was afraid of being apprehended, and he came down to my house on Tuesday, and on Wednesday he brought this property down.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. COMMON SERJEANT.