582. CHARLES MARTIN proceedingsdefend was indicted for breaking and entering the dwelling-house of John Basnett proceedingsvictim , about the hour of four in the night of the 5th of October , and stealing two pair of cotton stockings, value 6s. six pair of worsted stockings, value 8s. and twelve pair of leather shoes, value 15s. the property of the said John.

JOHN BASNETT sworn. - I am a hosier and hatter , in Tothill-street : On Thursday the 5th of October, I went to bed between eleven and twelve; I fastened my house myself; between four and five in the morning, I was alarmed by the watchman; I came down and observed the pannel of the shutter cut out, and all the goods that were in the window gone; there were eight pair of cotton stockings, and about a dozen and a half of leather shoes; those in the indictment are only what have been found since I had seen them the evening before when I shut up my shop; I saw them the next morning at the Police Office, in Queen-square.

CHARLES WHATMORE sworn. - I am constable of St. Margaret's, Westminster: On the 6th of October, I apprehended the prisoner in Poet's Corner, Westminster-Abbey, upon suspicion; he had the things about him; I had heard of the robbery (producing the property): the prisoner offered them to me to sell, and that was the cause of my suspecting him; he had another man with him, and they took me to a private room to shew me them; he asked me eight shillings for the seven pair of stockings, and six shillings and sixpence for the shoes; I pretended I had not got any money, because I wished to get somebody to assist me; I went down to the landlord, and he laid hold of the other man, but he got away; the prisoner pulled me down stairs backwards, and got away, I ran after him, and called stop thief, and he was taken by Grain.

Cross-examined by Mr. Alley. Q. Have you any partners? - A. No.

Q. You never saw the prisoner about your premisses? - A. No.

RICHARD BLAND < no role > sworn. - I am a watchman; I gave the alarm of the house being broke open.

THOMAS GRAIN < no role > sworn. - Having some business at the Transport-office, as I was going along I heard Whatmore cry stop thief, and I secured the prisoner.

Basnell. I believe them all to be mine; there is a mark of a bit of thread upon the pair of blue cotton stockings, that I made for the stocking dressers.

Cross-examined by Mr. Alley. Q. You make the same kind of mark, with a bit of thread, upon all that you send to the stocking-dressers? - A. Yes.

Q. And they go out into the world with that mark? - A. Yes.

Court. Q. Is there any property there that is not your own? - A. No.

Court. Q. Are they the same sort of goods that you lost? - A. Yes.

The prisoner left his defence to his Counsel, and called his serjeant who gave him a good character.

GUILTY . Death . (Aged 26.)

Tried by the first Middlesex Jury before Mr. Justice HEATH.