2. JOHN THURSTON proceedingsdefend , SUSANNAH THURSTON proceedingsdefend , and JEREMIAH THURSTON proceedingsdefend , were indicted for burglariously breaking and entering the dwelling house of Thomas Sedgwick proceedingsvictim , esq. about the hour of two, on the night of the 6th of February , with intent to steal, and burglariously stealing therein, two gowns, value 10 s. a great coat, value 1 l. two desart spoons, value 1 l. and a silver table spoon, value 12 s. the property of Thomas Sedgwick < no role > , esq.; and a gown, value 10 s. the property of Elizabeth Ive proceedingsvictim .

To this indictment the prisoner, John Thurston < no role > pleaded

GUILTY.

THOMAS SEDGWICK, ESQ. I am a merchant , I live in Highbury grove . On the 6th of February last I retired to rest about eleven o'clock at night, and as I supposed about two or three o'clock in the morning, I heard a noise, I attributed it, however, to some company going away from the next house; it did not induce me to arise.

Q. What does your family consist of - A. Myself and wife, and I think at that time there were three maid servants sleeping in the house, and the children.

Q. Do you know what state your house was in when you went to bed, as to its fastenings - A. I did not particularly examine it that night, I remained till about seven o'clock in the morning, when one of my servants knocked at my door, and informed me that the house had been robbed; I immediately went down stairs, I found the kitchen in disorder, the drawers of the dresser being open.

Q. I suppose then it was quite light - A. It was then quite day light, and the door on the side of the house, leading out into the yard, was open; I concluded they went out that way; there was no marks of violence there. I missed several things, a great coat, half a dozen pair of boots, and two gowns belonging to my wife, a wine strainer and some silver spoons; I had a servant of the name of Ive, she informed me that she had lost a considerable quantity of wearing apparel. Upon this; after I had dressed myself, I went into the fore court, where I discovered a small iron bar which goes across the outside of the laundry window was forced away, it had been fastened on by screws, it appeared to have been wrenched off; I rather suppose that the inside shutter had been neglected to be fastened, besides that there were two little mortise bolts which fastened the window down at the bottom; I apprehended the bolts had not been properly put in; and when this little bar was moved, which was the centre bar of three bars, the window would open, and that is the way they easily could enter. The cross bar was in the center of the two others, and I think there was room enough for a man to go through between the two others. The laundry communicates to the kitchen and the lower part of the house, the laundry was in the front, and the kitchen at the back of the house.

Q. When you heard the noise in the night what quarter of the house did that noise seem to you to come from - A. I awoke in the night; it was not sufficient for me to tell where it was; the impression on my mind was that it was a step of a carriage being put down. On the top of the kitchen stairs there is a door always fastened every night by an iron bar, that prevented their getting up stairs. With regard to the property being stolen, I have seen some of it since.

ELIZABETH IVE < no role > . I was cook to Mr. Sedgwick in February last.

Q. On the 6th of February what time did you go to bed - A.About half past ten or eleven; before I went to bed I fastened the outer doors, and the door in the passage.

Q. With respect to the lower windows of the house, did you look at them - A.The shutter on the inside of this window was not fast, owing to the iron bar being lost; I cannot say whether the window was bolted down or not; I saw all the cross bars safe in the course of the day, and all the lower windows in the rest of the house were fastened.

Q. Are you sure the door of the yard was fastened when you went to bed - A. Yes; I looked at it the last thing.

Q. What time did you get up in the morning - A.About seven o'clock; Mary Hatfield, the house maid, was up first.

Q. You got up at seven, it was light then - A. No; it was getting light; I was just coming down, the house maid came up to me and said there had been thieves in the house. When I went down stairs Ifound this door open, I missed two gowns, a yellow one and a dark one, and I lost several caps, and other things; I left them on the over night on the dresser in the kitchen; my master's coat was hanging on the kitchen door; and six or seven pair of boots were behind the door. I saw the middle bar of the laundry window wrenched off; it was left hanging at one end.

JOHN WAITTAKER < no role > . I am an apprentice to Mr. Manger, a pawnbroker. A person of the name of Jane Waltham < no role > pledged a muslin gown with me.

DANIEL BISHOP < no role > . I am an officer belonging to Worship-street; I produce a great coat and a pair of boots; I found these things in a house in Blighton's-yard, Brick-lane, Spitalfields, where I found Susannah Thurston < no role > , the prisoner; the coat was afterwards given to John Thurston < no role > , the elder. We went to Thurston's house on the 10th of November in consequence of another robbery, and on a paper being found on the elder Thurston there was a warrant granted. I went to Guildford barracks on the 13th of November, I took young Thurston, he was a light dragoon there in the name of George Wright < no role > ; I read the warrant to him in the presence of his officers; he said he knew nothing of it, his name was not Thurston, his name was George Wright < no role > ; I then told him we had his father in custody, and a woman of the name of Ranger, in whose custody we had found a gown, which come out of Mr. Sedgwicks robbery; after some little hesitation he said his name was Thurston, but he was ashamed to own it. I then brought him up to Worship-street: I found at his mother's room on the 10th, a pair of boots; the coat was taken off the elder Thurston's back at the house of Correction, in the presence of Mr. Sedgwick; he said he had no doubt it was his coat.

JOHN ARMSTRONG < no role > . I am an officer. I produce a gown I took off Jane Ranger < no role > 's back; I believe she is called Waltham. On Thursday the 9th of November I received some duplicates from her at that time; and one of them appeared to have the name of Mangar, a gown, for two shillings. On Friday the 10th I went with the prisoner Susannah Thurston < no role > , in company with Mr. Sedgwick, Joshua Armstrong < no role > , and Daniel Bishop < no role > , to a room unlocked by the prisoner.

Q. You supposed it was her lodgings - A. Yes; and in a box where there were a number of her clothes was this gown, and this shawl; the gown was owned by Mr. Sedgwick; the woman said she was in the country a great many miles at the time.

JANE WALTHAM < no role > . Q.Look upon the prisoner, Jeremiah Thurston < no role > , do you know him - A. Yes; I went to live with him about the 23d of June last, and I believe I left him in the beginning of October; we lived together as man and wife.

Q. What name did you go by then - A. By the name of Ranger. I had lived with a man of the name of Ranger; I always go by that name; my real name is Waltham.

Q. While Jeremiah Thurston < no role > lived with you did he give you any thing - A. His father promised me these two gowns about a month before he gave them me; when the gown was laying on the table the father told me to put it on, and not to make away with it. Jeremiah Thurston was in the room at the time. It was in September to the best of my knowledge.

Q. Now at what house was it where the gown lay upon the table - A. At Mr. Maddox's house in Cooper street, Westminster; it was in a room where I lived with Jeremiah Thurston < no role > . About a fortnight or three weeks afterwards old Mr. Thurston told me to take the other gown; Jeremiah Thurston < no role > was in the room when his father gave it me; I pawned the gown about a week before I was taken up at Mr. Mangar's for two shillings.

Q. You were examined before, did not you say upon that occasion that the gowns were given you by Jeremiah Thurston - A. He was in the room when the gowns were given me.

Q. You positively said he gave them you - A. could not recollect who gave them me at first, I was so confused. Old Mr. Thurston gave his wife the money to fetch them out of pawn; they were given me at different times.

Jeremiah Thurston < no role > 's Defence. I remember the time of my father giving her the gowns, I know nothing of them; I know nothing of the charge laid against me.

Susannah Thurston < no role > 's Defence. I was not at home; was in the country, one hundred and twelve mile off when the robbery was done.

JOHN THURSTON < no role > , GUILTY - DEATH , aged 50.

SUSANNAH THURSTON, NOT GUILTY .

JEREMIAH THURSTON < no role > , NOT GUILTY .

First Middlesex jury, before Mr. Baron Graham < no role > .