430. JOHN PERRY proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Walter West proceedingsvictim , about the hour of two, on the 17th of July , and burglariously stealing therein a brass warming-pan, value 5 s. the property of the said Walter West < no role > .

WALTER WEST < no role > sworn. - I live in Crown-street, Finsbury-square ; I am a smith and ironmonger .

Q. Were you at home on the night of the 17th of July? - A. Yes; we generally go to bed together as near as possible; I was the last of the family that was up; it might be between ten and eleven o'clock when we went to bed.

Q. Did you make your house fast that night before you went to bed? - A. I have every reason to believe that I did make every pin and bar fast; I am in the habit of doing it every night; about two o'clock in the morning I was alarmed by the ringing of my bell by the constable of the night and the watchman; they told me my house was broke open; when I came down stairs, I saw two or three squares of glass in the window was broke, and the shutter was down, the glass of the window was whole when I went to bed, and the shutters were all up.

Q. Did you lose any thing? - A. Yes, a brass warming-pan, which I was shewn the same day; it has my own hand-writing on it.

Q. Did you miss it before you was shewn it? - A. I cannot say I did, but I know it to be mine by the writing that is on the inside of it.

JOSEPH FAULKENER < no role > sworn. - I am a watchman: About half past twelve o'clock, we had an alarm like a window being broke open; I went all round my beat, and could not find any thing the matter any where; I saw two men walk the opposite side of the way, but I did not take them, as I could not find any thing amiss then; about two o'clock we heard another alarm down the street, like the noise of a copper or pan; whatever it was, we could not tell; we saw the prisoner walking up to a cart that was tilted up; it belongs to a chimney-sweeper; and before we got up to him, he got from the cart, and was on the pavement, and we took him to the watch-house; we searched him; he had nothing upon him but a knife; I went to the cart after he was taken to the watch-house, and there I found a crow bar, which I believe was the handle of a saucepan.

Q. Did you observe whether the house was broke open? - A. I went over the way, and found a shutter was down, and three squares of glass broke, and a bottle basket standing outside of the window.

RICHARD NELSON < no role > sworn. - About a quarter past two o'clock, I was standing outside of the watch-house door, I am constable of the night; I heard a noise of something fallen, like the noise of a pan of some kind; looking steadfast, I saw the prisoner on the outside of the window of Mr. West.

Q. How far might the watch-house be from the house? - A. About the distance of fifty yards.

Q. Was it light? - A. Just break of day; I saw the prisoner fall from a basket that he stood upon, under the window; I immediately pursued after the prisoner, and saw him cross over the road.

Q. Did you see whether he had any thing with him? - A. Not apparently to my sight; the prisoner was making up to a cart that was tilted up; I saw the prisoner stoop; I did not see him lay the property down; when he returned from the cart, I got up to him, and laid hold of him; the watchman was behind me at the same time; I delivered him up to the watchman, who took him to the watch-house; I rung up Mr. West, and told him his house had been broke open; I asked him if he had lost any property; he said, yes, he had, a brass warming-pan; he told me it was marked the price and the width, it was an eleven inch pan; I searched the prisoner, and found nothing upon him but this little knife; his apron was all over blood, and the glass that was broken from the window was the same.

Prisoner's defence. Mr. Walter West < no role > said on his examination he did not miss any thing; the last witness has said that Mr. West did miss the brass warming-pan; I was returning home from the other side of the water when I was accosted by this gentleman and the watchman, and they said I must go with them; they took me to the watch-house, and searched me; and after that the watchman came in, and said, here is another man we found sleeping in the carts; they put him away separate from me; they likewise stopped another man with a screw-driver upon him; the watchman let him go; the constable said to him, you should not have done so, you should have brought him here; I was on my road home, it was not daylight; I know my innocence; I have not troubled my friends, for fear that I should lose my bread hereafter.

NOT GUILTY .

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