WILLIAM GOLDSMITH proceedingsdefend was indicted for feloniously breaking and entering the dwelling house of Elizabeth Shubert proceedingsvictim , between the hours of two and five, on the 11th of January , in the parish of Sr. John, at Hackney, no person being therein, and feloniously stealing therein, six silver tea spoons, value 12s. and a silk handkerchief, value 1s. 6d. the property of the said Elizabeth Shubert < no role > .

ELIZABETH SHUBERT < no role > sworn.

Q. Where is your house? - In Homerton, in the parish of Hackney .

Q. You are a widow , are you? - Yes.

Q. Was any violence committed on your house at any time, and when? - None at all, no violence at all.

Q. What did happen? - My house was entered, and three rooms were entirely rifled, on the 11th of January; nobody was in the house, I was not in the house all day.

Q. Did you sleep there the night before? - No.

Q. Was it the dwelling house in which you usually dwell? - Yes.

Q. What day of the week was the 11th of January? - Sunday.

Q. When did you first perceive what had happened? - Directly the man was taken and brought to me; he was taken coming out of the parlour.

Q. What time did you come to the house? - Between four and five o'clock.

Q. Had you received some information at that time? - Yes.

Q. So you came home in consequence of information? - Yes.

Q. You say you had not been in your house from the Saturday, which was the day before? - No.

Q. In coming to you house what did you perceive? - I perceived the things all thrown about the house, and two tea chests broke open.

Q. Had you left your house locked up? - Yes.

Q. Was any thing taken out of the house? - Half a dozen spoons out of one tea chest, and a silk handkerchief of my son's.

Q. What age is your son? - Turned of eighteen.

Q. Was the handkerchief his property or your property, worn by him? - The handkerchief was his, but the spoons were mine.

Q. Have you found the things at any time afterwards? - No.

Q. Do you know any thing about the prisoner at the bar, William Goldsmith < no role > ? - He is the person that was brought down to me, at the house where I was.

Q. You don't know of his having been in the house? - No.

Mr. Gurney. You had left your house the night before this happened? - Yes.

Q. Did you leave your house locked? - Yes.

Q. You found it locked as you left it? - Yes.

Q. You could discover no marks of violence on any of your doors or windows? - No.

JOHN SHUBERT < no role > sworn.

Q. Are you son of the last witness? - Yes.

Q. Do you live with your mother? - Yes.

Q. What do you know about this business? - I know about the business as far as this; I left the house locked up tween the hours of ten and eleven on Sunday morning.

Q. When did you see it again? - Between three and four, some where there away, it may be a little over four, I cannot pretend to say.

Q. In what state did you find it when you came again to it? - The back door was open, it was bolted with two bolts when I left it.

Q. Were these bolts undrawn? - They were, and the fore door when I went out I left locked, and when I came back I found it locked accordingly, and bolted on the inside with one bolt.

Q. Did you observe any act of force? - No.

Q. What was gone out of the house, was any thing lost? - Half a dozen tea spoons and a silk handkerchief.

Q. Of your own knowledge can you inform the gentlemen of the jury by whom the spoons were taken? Have you seen them since? - I have not seen either.

JOHN WRIGHT < no role > sworn.

I am a gardener by business; I went to see the young man that is now gone down, and I went and knocked at the door; it was about a quarter to four, as nigh as I can guess, in the afternoon; I went and knocked twice at the door, and then I heard the footsteps of two people in the passage, and I heard them as if going out of the back door, and I suspected it was somebody that should not be there, and I went round the house and caught them jumping over the pales of the yard, into a neighbour's yard.

Q. Who did you see? - This here Goldsmith, and another person with him.

Q. Do you know the other person? - No.

Q. Was that fence between Mrs. Shubert's yard and the neighbour's yard? - Yes, from Mrs. Shubert's into a little yard that joined the road, and so went to the house.

Q. Did you apprehend him? - Yes; I took hold of this person, William Goldsmith < no role > , and asked him his business? and he said he got over into the yard for his hat, his partner threw it over; and I told him I heard him in the house? he said it was no such thing; I told him that I should detain him till such time as further was seen into it; I detained him till such time as the constable come.

Q. What is the constable's name? - Griffiths.

Q. You delivered him to the constable? - Yes.

Mr. Gurney. The first time you saw the prisoner he was getting over some pales into the road? - No, into a neighbour's yard.

Q. Close by the road? - Yes.

Q. You asked him what he did there, he said he was getting over for his hat that had been thrown into the garden? - He said his comrade threw it in.

Q. Did he made any resistance? - He behaved civil, he rather pulled a little.

Prisoner. I was going along, and I met with three or four follows, one of them said to me, Mr. Goldsmith, I owe you a good drubbing, and he began to punch me about; says I what is this for? says he, d-mn your eyes, I will tell you for what, and he kicks me down, and took my hat off; says one of them when I got up and asked for my hat, your hat is over there, and I got over for myhat, and as I was getting back again, that gentleman took me, and he asked me what I got over there for? I said I got over for my hat; he said you have been in the house, there is your companion running away; says I, I have no companion, I have done nothing, I shall not run.

The prisoner called two witnesses who gave him a good character, said that he was in the callico business, but trade being dead lately, he had worked at coopering .

Not GUILTY .

Tried by the first Middlesex Jury before Lord KENYON.