73. FREDERICK NEWSON proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Matthews proceedingsvictim , widow , about the hour of seven on the night of the 8th of December , and stealing therein, twelve pounds weight of mutton, value 9 s. her property.

ELIZABETH MATTHEWS. I am a widow; I live in Vine-street, in the parish of St. Giles's in the Fields ; I rent the lower apartment of Mr. Godwin, he lives in the first floor of the same house.

Q. On Wednesday, the 8th of December, was any thing taken from your shop - A. Yes, a hind quarter of mutton; I had seen it safe in the shop about an hour and a half before it was missing. I was not at home at the time it was taken.

Q. Who was there that saw it taken - A. Mary Andrews< no role > .

MARY ANDREWS < no role > . Q. Were you in Mrs. Matthews's shop on the 8th of December - A. Yes, I was in the parlour; I heard the shop door open; I said to the little boy, Charles, what is that; we went into shop, and saw the shop door open; we looked up for the hind quarter of mutton, it hung at the further part of the shop; we missed the hind quarter of mutton. I went to the door; I saw the prisoner just going off the step of the door, with the hind quarter of mutton under his arm; I took it from him. I said, what a shame to rob a poor widow woman with four children. I delivered him to Oram, the patrol. I can swear to the mutton being Mrs. Matthews's property. I had seen the mutton hanging up in the shop not ten minutes before, the fellow to it was hanging up; I matched it afterwards, the other hind quarter fitted it exactly.

GEORGE MATTHEWS < no role > . I was in the shop with Mrs. Andrews; I serve in the shop when my mother is out. I saw the prisoner just going off the step of the door; Mary Andrews took the hind quarter of mutton from the prisoner. I saw the meat fitted afterwards.

JOHN ORAM < no role > . I am an officer. The prisoner was given into my charge by Mary Andrews < no role > ; he had got his coat off in the street; the mutton had been wrapped up in it; the boy had got the mutton then. He asked me to let him put his coat on, and not to use him ill. I took him to the watchhouse.

Q. to Mary Andrews < no role > . You saw the mutton - A. Yes, the prisoner had his coat off, the meat was wrapped up in it, under his arm.

Prisoner's Defence. I came up from Deptford that evening, we went to a public-house, and agreed to have a leg of mutton for supper, they gave me the money to buy it; I bought a quarter of mutton in Clare-market; after paying for the mutton in Clare-market, coming along Vine-street I saw a butcher's shop, I said, I will go and buy a sheep's head, and have it for supper with the loin; as I came to the step of the door a man came to me, he said, halloo, what do you do with this quarter of mutton; I said I bought it in Clare-market. He called out two or three times at Mrs. Matthews's shop before any body answered; he asked if they had lost any mutton; this woman came to the step of the door, she said, she would look. She looked all round the place, and said, you had better take him in custody until Mrs. Matthews came home. I paid thirteen shillings for the quarter of mutton in Clare-market.

Q. to Mrs. Andrews. Had any body got hold of him when you went out - A. I do not know; there was a crowd collected. He then did not say he had bought it in Clare-market.

Q. to Oram. Did the prisoner say he had bought it in Clare-market - A. No. He appeared to be an ideot.

GUILTY, aged 33.

Of stealing, but not of breaking and entering the dwelling-house .

Confined 1 year in the house of correction , fined 1 s.

First Middlesex jury, before Mr. Justice Bailey.