504. JOHN CARTER proceedingsdefend was indicted for breaking and entering the dwelling-house of Charles Pead proceedingsvictim , about the hour of one in the night of the 28th of April , and burglariously stealing twelve pair of girls' black-hose, value 10s. fifteen pair of women's black hose, value 20s. twelve pair of boy's worsted hose, value 14s. twelve pair of girls' cotton hose, value 18s. twelve pair of women's cotton hose, value 2l. 17s. 6d. a leather wrapper, value 12d. a pound weight of sewing silk, value 30s. and a pound and a half of thread, value 4s. the property of the said Charles .

(The case was opened by Mr. Knowlys.)

HANNAH PEAD < no role > sworn. - Examined by Mr. Knowlys. I am the wife of Charles Pead < no role > , No. 70, Whitechapel-road ; I keep a sale-shop, and sell almost every thing, but particularly women's wearing apparel, and hosiery. On the night of Sunday, the 28th of April, our house was broke open; the shop was made fast on the Saturday night, and it was locked up all day on the Sunday; we went to bed about ten; we were alarmed about two in the morning by a violent knocking at the door, I believe, by the watchman; my husband and I both went down; I found that a shutter had been forcibly taken down and a square of glass entirely out, and the watchman's lanthorn put into the window through the broken square of glass; I then examined to see what we had lost, and found that end of the shelves next to the window, stripped; we then had the shutters secured, and went to bed again; when I came in the morning, I missed twelve pair of girls' black hose, fifteen pair of women's black worsted hose, twelve pair of boys' speckled worsted, twelve pair of girls' cotton hose, twenty pair of women's cotton hose, and one leather wrapper of sewing silk, about a pound or a pound and a half.

Cross-examined by Mr. Knapp. Q. It was between two and three months before the prisoner was apprehended? - A. Yes; it was a considerable time.

Q. Are you the person that generally fastens up your house? - A. I always see to it myself before I go to bed.

GEORGE PAULING < no role > sworn. - Examined by Mr. Knowlys. I live in Whitecross-street.

Q. Do you know Mrs. Barbara Starr < no role > ? - A. Yes.

Q. Do you know a person of the name of Mellish? - A. Yes.

Q. Do you know a person of the name of Robertson? - A. Yes; I appeared against him last Sessions: At the latter end of April, on a Monday, between seven and eight in the morning, or thereabouts, I was in Mrs. Starr's shop; Mellish and Robertson came into the shop, and asked for Mrs. Starr; she came into the shop, and they went into the back kitchen together; after staying there some considerable time, I went backwards myself; I saw in the kitchen a quantity of stockings lying upon the ground, and some sewing silk; I saw Robertson and Mellish taking numbers, or tickets, or something of that kind from off the stockings; I said what are you about here so long; they said they were selling their property, and I went into the shop; the sewing silk was a good deal entangled, and appeared to me to be wrapped up in a piece of wash-leather; they agreed with Mrs. Starr, and took the money for them; there were black and coloured stockings, and some white ones, chiefly children's stockings; while they were in the kitchen, I saw some men lurking about the outside of the door, that I did not approve of at all; I was then close to the window; I went to the door, and said, what do you stand lurking about there for; I then returned into the shop.

Q. Are you able to speak to either of their persons? - A. No; I am not.

JOHN COOKE < no role > sworn. - Examined by Mr. Knowlys. I am an officer belonging to Shadwell-office; I apprehended the prisoner on Tower-hill. On Thursday, the 27th of June, in consequence of an information from Mellish, who was then in custody, -

Cross-examined by Mr. Knapp. Q. This robbery took place in April, he was not apprehended till the 27th of June? - A. Yes, Mellish was apprehended on the 16th of June.

Mr. Knowlys. Q. Did you go to the house of Mrs. Starr? - A. Yes; Mrs. Starr produced me a pair of stockings which I have. (Produces them.)

JAMES MELLISH < no role > sworn. - Examined by Mr. Knowlys. On Sunday, the 27th of April, myself, and Carter and Robertson, agreed to go to Mrs. Pead's in Whitechapel-road, which we did between the hours of twelve and one in the night, and with an iron-crow we forced the corner window shutter, that corner next Mile-end turnpike; we took down the shutters and broke a square of glass; then Carter got half-way into the window and could get no farther; he said there was a parcel of wires before him that he could get no further; then he came out again, and Robertson, and me and Carter put our hands in as far as we couldreach, and took out several papers of stockings, and a small sample of sewing silk of various colours and some thread, which we conveyed to the house of Mrs. Starr the same morning; me and Robertson went in, and Carter stopped outside the door; Mr. Pauling was in the shop, and Mrs. Starr sitting backwards; she desired me to come to her, we had the property in a bag, and she took it backwards into the wash-house; we shook them out upon the bricks, there were children's black stockings, and children's white cotton stockings, and other colours; I asked her four guineas for them, she gave me three; me and Robertson came out, and told Carter, that we got but fifteen shillings for them; he was standing over the way, in an Alley; we gave Carter five shillings, and Robertson and I divided the rest.

Q. Were there any stockings amongst them like these? - A. There were some of them of the same sort, I cannot say that these are the same.

Q. When were you taken up? - A. In June; and then I gave information against Robertson and Carter.

Cross-examined by Mr. Knapp. Q. You got three guineas from Mrs. Starr? - A. Yes.

Q. I thought there had been some honour among thieves, but you gave Carter but five shillings? - A. Yes.

Q. How often have you been in this Court? - A. I was here twice last Sessions.

Q. Those are the only times? - A. This is the third time.

Q. That is all? - A. No.

Q. When were you here before? - A. It is so long since that I cannot recollect it.

Q. You can recollect whether you were a prisoner at the bar, or a witness? - A. To the best of my knowledge I was a prisoner then.

Q. Were you tried here then? - A. Yes.

Q. What for? - A. They told me I had stole a watch.

Q. Did the Jury believe it? - A. Yes; it seemed so.

Q. You were convicted, were not you? - A. Yes.

Q. And imprisoned for it? - A. Yes.

Q. How long? - A. I believe it was two years.

Q. Were not you whipped too? - A. Yes, I believe so.

Q. Is that the only time you have been in Newgate? - A. That was the only time.

Q. I dare say, the moment this robbery was committed your conscience smote you, and you gave information? - A. No, I did not.

Q. You know, perhaps, that by giving evidence to-day, you save yourself from being tried? - A. Yes.

Q. You never had a country jaunt - you were never tried at any Assizes? - A. No.

Mrs. Pead. There were three pair of stockings that I lost, exactly corresponding with these in size, and in the clocks, but there are no marks upon them.

The prisoner left his defence to his Counsel, and called Mary Munden < no role > This name instance is in a workspace. , who had known him from his infancy, and gave him a good character.

NOT GUILTY .

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