774. JAMES BAILEY proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of William Jennings proceedingsvictim , Joseph Adam Jennings proceedingsvictim , and Samuel Jennings proceedingsvictim , about the hour of ten, in the night of the 22nd of July , with intent to steal, and burglariously stealing therein, two bank notes for payment of fifty-pounds each, value 100 l. four other bank notes for the payment of five-pounds each, value 20 l. and thirty other bank notes for the payment of one-pound each, value 30 l. the property of William Jennings < no role > , Joseph Adam Jennings < no role > , and Samuel Jennings < no role > .

JOSEPH ADAM JENNINGS < no role > . I am a crape manufacturer , and am in partnership with my father and brother, who reside at No. 14, Worship-street, Finsbury-square ; we all live in that house; and it was broken open on the night of the 22nd of July. I went out of town the night before the robbery; and did not return until Monday morning. I can only prove the loss of my property; which was kept in a small drawer, in an iron safe. I saw the property there on Saturday afternoon at about four o'clock, but did not count it.

Q. Might not some of your partners get some of it away - A. No. The key was never out of my possession. The safe was not broken open; but opened with a key.

ROBERT JENNINGS < no role > . I was in the house as late as eight o'clock, and left all safe.

SARAH LACK < no role > . I am in the employ of the prosecutors, as is the prisoner. He left the house at about twenty minutes before eight, in the evening of the robbery, and returned at about nine. He went into the kitchen; and from that, he had occasion to go past this safe.

Q. At nine o'clock on the night of the 22nd of July, was it dark - A. We had just taken candles into the parlour to my mistress; our house is not a particularly dark house. The next morning, the prisoner was standing at his door. He then came with us; and we told him, that his master had been robbed. We then unlocked the warehouse door, and found a fifty-pound note, and a one-pound note on the floor. The warehouse is in the dwelling-house. Nothing was broken.

ANN COOK < no role > . I am in the employ of the prosecutors; but I don't live in the house. I know nothing more than has been said by the last witness.

BARNARD GLEED < no role > I am an officer of Worship-street office. The prisoner was left in my charge in the room adjacent to the office. I sat with him in that room, and after we had sat some time, he said,

"nobody but myself robbed my master." I then said, what have you done with the money. He had previously asked me whether it would be better for him to tell all; and I told him, that was a question I could not answer, for it was with the magistrates. He then told me to tell Armstrong, to go to his father's house, and on a shelf in the chimney, he would find ninety pounds rolled up in a piece of parchment. He said, that some of the notes had been lost out of his waistcoat pocket.

JOHN ARMSTRONG < no role > . I am an officer, and by the direction of the last witness, I went to the house of the prisoner's father; and on a shelf up the chimney, I found a piece of parchment rolled up, containing one note of fifty-pound; four of five-pounds, and twenty-six of one-pound. Here they are.

Joseph Jenning < no role > . I only took the number of the fifty-pound note.

Ann Cook < no role > . When I opened the warehouse door, I found the back warehouse window open; that was between six and seven o'clock in the morning.

JOSHUA ARMSTRONG < no role > . I am son of John Armstrong < no role > ; and found the window of the back warehouse open.

Prisoner. I have nothing to say in my defence; but have some witnesses to my character.

Several witnesses were now called by the court, who gave the prisoner an excellent character.

GUILTY - DEATH ,

Of stealing to the amount of forty shillings and upwards, in the dwelling-house; but not of breaking and entering.

[The prisoner was recommended to mercy by the prosecutor and jury, on account of good character, and as they believed it to be the first offence.

First Middlesex Jury, before Mr. Justice Heath.