458. SARAH ENGLISH proceedingsdefend was indicted for breaking and entering the dwelling-house of Thomas Roberts proceedingsvictim , on the 14th of June , about the hour of twelve in the night, with intent the goods in the said dwelling-house, feloniously to steal; and stealing therein twenty-eight pair of women's stays, value 30l. the property of the said Thomas, the said Thomas and his family being therein .

THOMAS ROBERTS < no role > sworn.

I am a stay-maker , I keep a house in Whitechapel-road , I have no lodgers, it was broke open on the night of the 14th of June, I was last up myself, I went to bed before eleven o'clock, the window-shutters were all fastened with a screw, and the doors were fastened in the morning as I had left them; one of my apprentices, who was up first in the morning, called me a little after five, and told me the place was broke open; I went down immediately, and when I went on the outside, I took down a large shutter, and the glass was broke, the screw of the shutter was broke all to pieces, and all the stays taken out that were within reach, and then the shutter was put up again; I have two windows on each side of the door, and the other was served the same exactly.

Q. Had there been stays in those windows overnight? - A. Yes; I laid them in myself, I missed twenty-eight pair; I immediately applied to all the pawnbrokers for several days, and on Saturday, I found a pair at Mr. Price's; I had called there several times, and he gave me information of them; I never found any more of my property, Mr. Price has them here. I never saw the prisoner till she was taken on Sunday, the day after the stays were found.

Q. Who sleeps in the house besides yourself? - A. My wife, and children, and three apprentices.

JOHN PRICE < no role > sworn.

I am a pawnbroker, No. 121, Wentworth-street, Whitechapel. On Saturday morning the 18th of June, the prisoner brought me this pair of stays to pledge, I had seen her before, they were new stays; I had a suspicion that they belonged to Mr. Roberts, I stopped the stays, and went to Mr. Roberts; she told me she was sent by two men with these stays to pledge, she went to fetch the two men, she came back again in about an hour after; I sent to Mr. Roberts in the mean time, and he came and owned the stays; I told her that the stays were owned by Mr. Roberts; she said, she had them from two men, and while she went back to them, they were gone away.

Q. When you sent her away the first time, did you hint your suspicion? - A. I told her I would shew them to a person who would be glad to see them, and I stopped the stays and she went away.

Q. How came you not to stop her the first time? - A. She was a customer, and I knew where her place of abode was; she was taken at her place of abode; I told Mr. Roberts her name, and where she lived.

Q. Is she a married woman? - A. She passes for a married woman.

Q. Do you know any thing of her husband? - A. No, I don't.

THOMAS GRIFFITHS < no role > sworn.

I am a constable belonging to Lambert-street: On Friday the 18th of June, I received an information from Mr. Roberts, that the prisoner was concerned in the robbery of his shop; I found out where she lived, on Sunday morning, and took her; her husband, William English, was in the house at the same time.

Q. What business is he? - A. I believe he gets his bread chiefly among gamblers, and plundering the town; I searched her, but found nothing upon her; I told her, I heard she had been pawning a pair of stays, belonging to Mr. Roberts; she said, the stays were given her to pledge, by two men; she said, one was John Leach < no role > , a man whom we know, and I don't recollect the name of the other. (The stays were produced in Court.)

Mr. Roberts. These are my stays, I know them by my own writing in the inside; I always write upon every pair I make, with the first letter of the person's name that they belong to; I never make any but what are bespoke before they are made.

Q. (To Griffiths.) Did you search the house of the prisoner? - A. Yes, but I found nothing else.

Prisoner's defence. I got up at nine o'clock, laid my fire, and went out to the Black-swan, the corner of Rose-lane, to get a boiler of water, I saw two men; they asked me to go of an errand for them; I carried the boiler of water home, and returned; they asked me to go to Mr. Price's, and pawn a pair of stays; I went, and asked 12 or 14s. on them; he said, they were not worth so much money, and asked if they were mine; I said they were not, a young man sent me with them to pawn; he asked if they would sell them; I said, I would go backand ask; I went back and asked him if he would fell the stays; I went to sell them, but went home first; they came to my house, and asked me if I had got the money; I said I had not been; I then went to Mr. Price, and asked if they would suit him, and this gentleman came, and said, they were his, the men were to wait at the corner of the street; I was frightened, and went to see for them, and they were gone; they came again at night, and I told them the stays were stopped, and said, it was a very barbarous to lend me with stays they did not come honestly by; the next morning the officer came and took me out of bed.

Q. (To Price.) Did you say any thing to her about buying the stays? - A. I might, I don't know; I believe I might ask her if they were to fell.

Q. Did she take them back again the first time? - A. I believe she did; I told her, I could shew them to a person, who, I believe, would be glad to see them; when she came back, she said, they were for sale.

NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron THOMPSON.