286. JAMES DAVIS proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of John Bassnett proceedingsvictim , about the hour of nine in the night of the 29th of March , and burglariously stealing therein three pair of stockings value 5 s. the property of John Bassnett < no role > .

ELIZABETH BASSNETT < no role > . I am a married woman, my husband's name is John Bassnett < no role > : I live in Tothill-street, in the parish of St. Margaret's, Westminster . On the 29th of March I was at home; between eight and nine on that night I heard a noise at the door of the shop.

Q. Is the shop a part of the dwelling-house - A. Yes, it is. There is but one door to it.

Q. What kind of a noise was it - A. It was a noise like the ratling of shots against the window. Upon my hearing the noise I went out to the shop door, and I caught hold of this boy. I asked him what he was doing; I don't know that he made any answer. He did not go. A man came up and assisted me in taking him into the house.

Q. What kind of articles were there in that shop - A. Hosiery, and clothes of different sorts.

Q. Before you took him into the shop, did you examine the shop to see how it was entered - A. Yes; I put my hand in the hole, and observed the glass broke. The stockings were in a glass case. The hole was big enough to take out the stockings. We found the boy outside of the shop; I found no other boy there. The prisoner was standing close to the hole outside of the shop; we took him in.

Q. Did you search him before you took him into the house - A. No, not till we took him into the house, and then we found one pair of stockings upon him; they had the shop mark; they are my husband's property. The prisoner was taken to the office the next morning; I was present at the office.

Q. What time of the night was this; was there day light enough to distinguish any human face without the assistance of candles - A. I cannot say; there might.

STEPHEN LAWSON < no role > . I took the stockings from the boy in the shop. I gave the stockings to the officer.

GEORGE ARNOLD < no role > . I received the stockings of Mr. Lawson; I have had them in my custody ever since.

Prosecutrix. These are the same stockings; there is a private mark of our shop upon them. They were laying in the window in a glass case; the case was broken. These stockings were laying in that case at that time.

Prisoner's Defence. I was walking by the shop about seven o'clock; I picked the stockings up by the window on the pavement.

GUILTY, aged 18,

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

Confined 6 months in the house of correction , fined 1.

First Middlesex jury, before Mr. Justice Chambre.