629. MAGNUS KERNER , alias JOHN BROWN proceedingsdefend , was indicted for breaking and entering the dwelling-house of Robert Beeby proceedingsvictim , about the hour of twelve in the night of the 19th of June , with intent the goods therein being, burglariously to steal, and burglariously stealing six silver table spoons, value 2l. five silver desert spoons, value 1l. five silver tea spoons, value 5s. a pair of silver sugar tongs, value 5s. a silver wine strainer, value 1l. asilver pepper-box, value 5s. and a silver gravy spoon, value 1l. the property of the said Robert.

ROBERT BEEBY < no role > sworn. - I live at Pimlico , I am not in trade: Early in the morning of the 20th of June, the robbery was discovered; I lost six table spoons, five desert spoons, a gravy spoon, a pair of sugar tongs, five tea-spoons, a wine-strainer, a pepper-box, and two salt-spoons, they were lost from the butler's pantry; I had used them the day before; I advertised them by hand-bills, which led to the property at the pawnbrokers, and from the description the pawnbroker gave of the person, I suspected the prisoner at the bar, he had quitted my service about a month or six weeks, he lived with me only three weeks.

WILLIAM FRENCH < no role > sworn. - I am servant to Mr. Beeby; I put the plate in the drawer the night before, between eight and nine o'clock, on the 18th of June, and the next morning, about eight o'clock, I missed them.

EDWARD SWAINE < no role > sworn. - On the 20th of June, I received in pledge, six table spoons, and five desert from the prisoner at the bar; he pledged them in the name of John Brown, and said they were his own property; I did not know him before; I am positive he is the man; he made a very different appearance at that time, but I am certain he is the same man: On the 23d of June, I received a hand-bill from Bow-street; I took the property to Bow-street, and afterwards to Mr. Beeby.

ROBERT BARBER < no role > sworn. - On the 20th of June, I received a pair of sugar tongs, and two tea spoons,(producing them) in pledge from the prisoner at the bar, but his appearance at that time was much more respectable, I think his countenance is the same; I have a recollection of seeing his face at the shop, but I cannot swear he is the same man.

WILLIAM GOULDING sworn. - I received three tea spoons, (producing them) from John Brown, the prisoner at the bar, I am positive he is the man.

Mr. Beeby. I know these things to be mine.

French. I know these things to be my master's.

- PERRY sworn. - (Produces a wine-strainer and a gravy-spoon); I found upon the prisoner a duplicate, which led me to these things.

Prisoner's defence. Mr. Bond, the Justice, compelled the pawnbrokers to swear; Mr. Beeby had a very good character with me.

Mr. Beeby. He lived with me but three weeks; I had a good character with him.

GUILTY, Death , aged 60,

Of stealing to the value of 40s.

First Middlesex Jury, before Mr. Baron Hotham < no role > .