340. RICHARD BLAKESLEY proceedingsdefend and ANN HALE proceedingsdefend were indicted, the first for breaking and entering the dwelling-house of Jessica Davies proceedingsvictim , about the hour of five in the night of the 5th of March , with intent to steal, and burglariously stealing two beds, value 4l, five pillows, value 10s. two bolsters, value 5s. a carpet, value 2l. two china images, vlaue 6d. and five chimney ornaments, value 1l. the property of the said Jessica ; and Ann Hale for feloniously receiving the same, knowing them to be stolen .

(The case was opened by Mr. Knapp.)

JESSICA DAVIES < no role > sworn. - I am a widow ; I live at Haverstock-hill, in the parish of Pancras , two miles and a half from St. Giles's-Pound: I left my house on the 26th of February to come to London; I left every door locked, and the warehouse perfectly secure; I returned home again on the 9th of March, on a Sunday evening, about a quarter after eight; I had left no person in the house; when I returned I took my keys out of my pocket to open the gate; Margaret Rochfort < no role > was with me at the time; I observed the front gate was unbolted and unlocked; I observed the house-door, and found the box that holds the lock thrown into the passage; then I missed the curtains from the parlour, the pictures from the wainscot, and a quantity of wearing apparel from a chest in the parlour, and the drawers turned out; in the first floor I missed the curtains from the windows, the carpet from the floor, and the ornaments from the chimney; they were marble pedestals; a bed, bolster, and two pillows, and a white cotton counterpane; there is a closet in the front room which holds a bed, the bed was gone, three blankets, and a mattrass; I lost in all three beds, three bolsters, and five pillows; I missed two china images from the beaufet in the parlour.

Q. Had you left them all in your house on the 26th of February? - A. Yes; I saw two beds, two bolsters, and five pillows afterwards, before the Justice, and the images and the carpet, but not the chimney ornaments.

Q. Had you left those things in your house when you went to London? - A. Yes.

Q. Have you any doubt that they were your property? - A. Not any in the least. (Produces them.)

Q. I believe they were delivered to you in Court here last Sessions, by order of Lord Kenyon? - A. Yes.

JOHN ARMSTRONG < no role > sworn. - Examined by Mr. Knapp. I am an officer: On Thursday, the 6th of March, I went in company with other officers up one pair of stairs in a house in Gloucester-court, between Golden-lane and Whitecross-street; when I came to the door I looked through the key-hole; I opened the door and went into the room, with Mason and Ray; I found in that room the prisoner Blakesley, Wright the accomplice, Hayes Jones, another prisoner, who is since dead, and the prisoner Hale sitting by the fire-side on a chair.

Q. Do you know whose lodgings these were? - A. The landlady is here; in the window were these two one pound Bank-notes; the prisoners were secured, with the bed, two pillows, and bolsters, that were in that room; we took them all to the office; I left Hayes at the office giving his deposition, and I went with Vickery and Mason, two other officers, to a room in Red-lion-court, Red-lion-market, I believe it is called, in Whitecross-street; I went up two pair of stairs, and broke the room-door open; there I found this carpet, a bed, three pillows, a bolster, two images, and sundry other things, which I put into a coach, and went to Hayes's house in Golden-lane, and brought Mrs. Hayes to the office, who had the key of that room; there was a woman laid in that room, though Mrs. Hayes kept the key; I took her into custody, but she was discharged; I took Mrs. Hayes to the office, her word was taken, and she came when the Magistrates ordered her; her husband was kept; I delivered them to Mrs. Davies in Court last sessions, and put my mark upon them; these are the same things, there is my name upon the bed.

Mrs. Davies. I am very sure they are all mine; they are the things that I left in my house in February, and that I missed when I returned home.

Court. Q. What is the value of them? - A. Each bed two pounds; I gave three guineas for the carpet at Michaelmas last.

Mr. Gurney. Q. Whether these things were all taken at one time or at half a dozen times, you do not know? - A. No.

Q. You prosecuted Davis last sessions? - A. Yes.

Q. You know he had robbed your house four or five times? - A. I cannot say.

PETER MASON < no role > sworn. - Examined by Mr. Knapp. I am an officer belonging to Worship-street: I found some crows and dark lanterns at Davis's lodgings, and a quantity of picklock-keys; I went to the house at Hampstead afterwards, and fitted the crows.

Q. You found no crows upon the prisoner? - A. No.

MARY HAYES < no role > sworn. - Examined by Mr. Knapp. Q. You are the wife of Henry Hayes < no role > , who was taken into custody at Hale's house? - A. Yes; I live at No. 6, Golden-lane.

Q. Did you remove any goods? - A. Yes.

Q. Was it after your husband was taken up? - A. Yes; they were removed to Red-lion-market; there was a bed and two small images, a carpet, and two bolsters.

Q. How came you to remove them to Red-lion-market? - A. I had not room in my own house.

Q. And that was the only reason why you removed them? - A. I heard my husband was taken.

Q. Upon your oath was not that the reason that you removed them? - A. Yes, it was.

Q. The bed and the holsters should you know them again if you were to see them? - A. I do not know that I should.

Q. You removed them to the place where the officers took them? - A. Yes.

Cross-examined by Mr. Knowlys. Q. This has not happened frequently to your husband and you to be taken up? - A. It happened once before to me.

Q. You were admitted as a witness then? - A. Yes.

Q. You have once sworn to that Jury that you had no room in your house for those things, is that true or not? - A. I had no room, because they were in the passage; I had no room convenient to put them in; the shop and the kitchen laid open, and I did not think that was proper.

Q. Had you no place above stairs? - A. None but my own sleeping room.

Q. You did not like to put them where they could be seen; that was not convenient to you and your husband's business? - A. No.

Q. How long have you been in this business as a receiver of stolen goods? - A. About a year and a half.

Q. Has it often happened to your husband to be in custody? - A. He was not in custody before he came to see me, and they detained him.

Q. Do you mean to say that your husband never was in custody but that once? - A. He is in custody now.

Q. How came you to swear that your only reason for removing them was that you had not room for them? - A. I should have removed them if my husband had not been taken.

WILLIAM WRIGHT < no role > sworn. - Examined by Mr. Knapp. Q. You have been admitted a witness for the crown by the Justice? - A. Yes.

Q. Now remember you are bound to tell the truth, and the whole truth; do you know Mrs. Davies's house at Haverstock-hill? - A. Yes; I went there on the 5th of March, between four and five in the morning, with Richard Blakesley < no role > , and Jones, who is dead.

Q. Was it light or dark? - A. It was dark.

Q. Did you take any light with you? - A. We took a dark lantern and a tinder-box; we struck a light in the road.

Q. How did you go there? - A. We went with a horse and cart; we unbolted the garden-gate and went in, and found the door as Davis and I had left it on the Monday before.

Q. How did you leave the door when you left it on Monday? - A. We pulled the house-door to, and left some stones between the door and the doorpost.

Court. You see you cannot make this a burglary.

Mr. Knapp. Q. What did you do then? - A. We pushed the door with our knees, and it went open.

Q. Did it require any degree of force to open it? - A. No; then we went into the house, and I brought out a bed that laid in the passage, and put it in the cart; after which Blakesley brought out another bed that was in the passage; we went up one pair of stairs, and brought the carpet down.

Q. Look at that carpet; do you believe it to be the same? - A. It was like this; there were two china images, three pillows, two bolsters, and some chimney ornaments; they were all put into a cart; we brought them to town, and took them to Jones's apartments, somewhere in Whitecross-street; we took the things up to his room; Blakesley helped to take the things out; then we wanted a purchaser; we shewed them to two or three persons, and they would not buy them; then I went to Henry Hayes, in the afternoon of that same day; he lives in Golden-lane; I told him what articles we had got, and he came along with us to look at them; Blakesley asked eleven guineas for the property, and Hayes refused; he said he would give five guineas and a half; we did not agree to let him have them, and he returned to his home; and then Blakesley went to tell him he should have them; Hayes came back with him, and he was to have them for five guineas and a half; he paid half-a-guinea earnest; Hayes took one bed away with him, and the carpet, and the chimney ornaments; then he returned again for the other bed, and as he was paying the money to Blakesley, while we were there, the officers, Armstrong, Ray, and Mason came in.

Q. We have heard that Hale was in the room at the time? - A. Yes, she was sitting down by the fire.

Q. Had she any thing to do with the sale of the articles? - A. No.

Q. Did you know whose lodgings these were? - A. No, I did not.

Cross-examined by Mr. Knowlys. Q. Davis and you and Jones went to the house first? - A. No; only Davis and I.

Q. Davis and you were quite enough to carry away the property; Davis could have done it as well as Blakesley? - A. Yes; but Jones was not there; Davis and I had fell out, I met with Blakesley, and told him of these things, and he agreed with me to go the next morning.

Q. How long have you amnsed yourself in this trade of breaking open houses? - A. About five or six months.

Q. No more than that? - A. No.

Q. How long have you been acquainted with Mr. and Mrs. Hayes? - A. No long time.

Q. This apartment was not Blakesley's? - A. No; it was Jones's.

Q. Do you mean to say that when the officers came in, Hayes was in the act of paying money to Blakesley? - A. Yes.

Court. Q. Were the two one-pound Bank-notes that were found, part of that money? - A. Yes.

HENRY HAYES < no role > sworn. - Examined by Mr Knapp. Q. Do you know the prisoner Blakesley? - A. Yes.

Q. Do you know Hale? - A. Yes.

Q. Did you go to any lodgings in Whitecross-street? - A. I went to Mrs. Hale's lodgings on the 6th of March, between five and six o'clock; there were Richard Blakesley < no role > there, William Wright, Thomas Jones < no role > , and Mrs. Hale; Blakesley had come to ask me if I would buy two beds, two bolsters, five pillows, a carpet, and seven chimney ornaments; I followed him to Mrs. Hale's; he desired me to follow him; I followed him up the court; I went up stairs, and saw two beds, two bolsters, five pillows, a carpet, and seven chimney ornaments; I asked how much they wanted for them; Blakesley said, eleven guineas; I bid them five guineas and a half; they told me I should not have them; I returned home, and Blakesley, in about ten minutes, came down to my house, and said I should have them if I would give him five shillings for himself; I told him I would not; then he said would I give him half a crown; I told him, no, I would not; then he said would I give him a pair of left off shoes; I told him I should not stand about a pair of shoes; then he agreed I should have the things for five guineas and a half, and a pair of second-hand shoes; then he returned home; he said he had no money; I let him have five shillings, and then my daughter and I went to Mrs. Hale's room; that was between three and four in the afternoon; I gave my little girl the chimney ornaments in her lap, and she came home.

Q. Who were there when you first went to Hale's lodgings? - A. Richard Blakesley < no role > , William Wright < no role > Thomas Jones < no role > , and Mrs. Hale; when I returned with my little girl, they were there then; I gave her the ornaments, and they took the carpet; this is the carpet, as near as I can judge; I took the carpet home and returned again, and found them all there then; I then packed up the bed, two pillows, and one bolster; then one of the three men, I cannot say which, asked me for half a guinea, to discharge a cart that they had to fetch these things in; I gave them half a guinea, I think it was to Blakesley; I then took home the bed and the two pillows and the bolster; I then went back again, and they were all there then; I took them money with me, and I began to pay for them.

Q. Did you pay them all in cash? - A. No; there were two one-pound notes; one of them was torn a little.

Q. Look at these two? - A. These are the same; Blakesley put the money in his pocket, all but the notes; they were put in the window, and then the officers came in.

Q. Do you recollect Blakesley and you having any conversation about where the goods came from? - A. No, they did not tell me; Blaksley said they came from the country; I think it was him; I had no other conversation with them.

Cross-examined by Mr. Knowlys. Q. Did you think these goods fairly and honestly come by? - A. No; I did not think about it.

Q. What age is this little girl? - A. Between ten and eleven.

Q. You are training her up early? - A. I never bought any thing in my life before; my wife keeps the shop, and my business is out-door.

Q. Did you know Robertson and Smith that were convicted here? - A. Yes.

Q. Upon your oath did you not open the door to them? - A. I did not know, when they knocked at the door, that it was them.

Q. Do you come from gaol here? - A. Yes.

Q. Is there any honest person that ever saw Blakesley at your house? - A. No.

JOHN RAY < no role > sworn. - Examined by Mr. Knapp. I searched Blakesley; I found upon him a guinea and a half, three seven-shilling pieces, and a sixpence; I saw Mr. Armstrong find the Bank-notes in the window.

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

Blakesley, GUILTY Death . ( Of stealing to the value of 40s.)

Hale, NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice GROSE.