453. ISAAC LING proceedingsdefend was indicted for that he on the 31st of October , about the hour of eight in the night of the same day, being in the dwelling house of Elizabeth Whiston proceedingsvictim , widow , feloniously did steal a cloth coat, value 2l. 12s. the goods of Norman Meakins; and three linen shirts, value 1l. 10l. two linen shirts, value 14s. four muslin neckcloths, value 10s. two dimity waistcoats, value 10s. a pair of silk stockings, value 8s. two cotton napkins value 2s. a linen pillow case, value 2s. the goods of Jacob Shannon proceedingsvictim . And that he afterwards having done and committed the said felony; about the same hour, from the said dwelling house burglariously did break and get out of the same .

JACOB SHANNON < no role > sworn.

I live in the house of Elizabeth Whiston, she lets out lodgings, I was a lodger there.

Q. Was the prisoner a lodger there? - I don't know that, I know when I came to my lodgings that night about twelve o'clock, I cannot tell exactly the day, I think it was the latter end of October; when I came into the house the gentlewoman told me that my trunk was broke open, I found it broke open, I lost three shirts, I value them at one pound ten shillings, they cost me fifteen shillings a piece, two shirts value fourteen shillings.

Q. Were they your wife's shirts? - No, I had them in my charge, they were none of mine; four neckcloths, two jean waistcoats, two pair of silk stockings, two cotton napkins and a pillow case, the muslin neckcloths are worth about ten shillings, they cost me four shillings more than that, two pair of silk stockings value eight shillings they are second hand; and the napkins two shillings; I saw them the morning before I went away from the lodgings, I have not seen them at all since.

Mr. Knowlys. This is a common lodging house? - It is.

Q. A great number of different lodgers continually coming and going? - No.

Q. How many different lodgers have you in the house? - About five.

Q. Any body that wants a nights lodging may come there and have one? - No, no strangers are taken in the house, nor have been for many years.

ELIZABETH WHISTON < no role > sworn.

I keep this house, the house was broke open between seven and eight o'clock on Tuesday night, the prisoner took the lodging on the Monday, the day before that Tuesday; on Tuesday he came in with a large bundle of straw and rubbish, and took it up stairs, and left it there, and broke open the trunk, and took away Mr. Shannon's things.

Q. How do you know that? - I am sure of it, because I was the last person that had been up stairs, and I was the first up there again after him.

Q. What is your reason for thinking this man broke open the trunk? - There was no other person up stairs.

Q. When was the last time you saw this trunk safe? - When I was up stairs making the beds in the forenoon about eleven o'clock.

Q. To Shannon. What time of the morning did you go out? - About seven o'clock.

Q. When did you first discover this trunk to be broke open? - About nine o'clock at night.

Q. To Mrs. Whiston. What makes you think it was the prisoner? - There was no other person up stairs, neither man, woman, nor child at that time.

Q. Will you take upon yourself to swear that there was neither man, woman, nor child up stairs besides the prisoner, from eleven o'clock in the forenoon, till nine at night? - I am sure there was not.

Q. How many lodgers had you? - Five; they were all out.

Q. Have you any servant? - No.

Q. Any children grown up? - Three two boys and a girl. The eldest boy is twenty-three; the girl is sixteen, and the youngest boy is turned of twelve. The two eldest were out at work; the eldest son was at work in Fieldgate-street, Whitechapel; the youngest son was at home, he was the only person in the house with me; my daughter was at work in Moorfields. There was a lodger up the one pair of stairs, a woman with a child, her husband was out at work, she was there all the time.

Q. < no role > How far up was Shannon's room? - Two pair of stairs.

Q. Tell me the reason again, why you suspect this man? - There was no other person to do it; the gentlewoman was not out of the house all the time, she was in her own room busy at work.

Q. < no role > Has any property been found? - None.

Q. < no role > What do you know of this cloth coat of Norman Meakins? - It was in the dining room I missed it out of; I saw it when I was up making the beds.

Q. You say he came with a large bundle of straw; do you know for what purpose he made use of the straw? - No; when he brought it he asked for a candle, but he did not come into the room where I was.

Q. Did he go up stairs? - Yes; he staid there about half an hour; he came down again, and blowed the candle out coming down stairs, and said he would be in about nine o'clock; but he came in no more.

Q. When was the next time you saw him? - It is a fortnight ago last Monday.

Q. Then he did not break open any thing? - He broke open the trunk up stairs.

Q. But he did not break open any part of the house? - He did not at all. When I saw him the Monday fortnight last, he wanted to make his escape from me very much, before he was taken into custody, before I got an officer for him, and I followed him about an hour before I got a constable.

Q. What prevented him making his escape? - I followed him all the time; if he had set up a run he might have gone; but I might have given an alarm.

Mr. Knowlys. You never saw this man before in your life? - Never before he came to take the lodgings.

Q. And this man, whom you suppose to be the man, you did not see till about eight months after this happened?

Court. How long had he been in your lodgings? - Only one night. When he came first to take the lodging, he said, he was a coachman; and at night when he came in, I said, you have not brought your clothes with you; he said, no he had not, but he should on the morrow.

Mr. Knowlys. He slept that night, and went away early in the morning, and you did not see him? - I did not.

Court. And then he returned again at night? - He did.

JOSEPH WHISTON < no role > sworn.

I am the son of the last witness; I was out at work at the time; I know that is the prisoner at the bar that took my mother's lodgings; I came home between nine and ten o'clock, I followed him in; he had got in before me, and when I came in, my mother said, that is the young man that is to sleep with you, and pointed at me; he turned about, and said, very well; and mother told him if he would stop a bit, I should go with him, when I had done my supper; this was the night before the trunk was broke open; I slept with him that night.

Q. Do you know any thing that passed the night after? - I do not; I am positive he is the man.

Mr. Knowlys. Was not there a man shewn to you very much like him? - No, he was not like him, only he had a cut in his lip.

Q. You had never seen the man before he was in these lodgings? - No,not this man. I did not see him afterwards till he was taken, and I knew him directly I see him.

JANE WHISTON < no role > sworn.

I am the daughter.

Q. Is that the man that took the lodgings the 31st of October last? - Yes, that is the man that came to go to bed; I see him that night.

Mr. Knowlys. The only opportunity you had of seeing him was when be came in for a candle? - I see him then.

The prisoner called four witnesses who gave him a very good character.

Not GUILTY .

Tried by the London Jury before

Mr. Justice HEATH.