25. JOHN SMITH proceedingsdefend , JOHN DURHAM proceedingsdefend , and JAMES RIDER proceedingsdefend , were indicted for feloniously breaking and entering the dwelling house of John Little, at about the hour of six in the forenoon of the 28th of November , with intent to steal, and for feloniously stealing therein, five pairs of shoes, and one pair boots, value 3l. 2s. the property of the said John Little proceedingsvictim .

THOMAS JORDAN < no role > . I am apprenticed to John Little < no role > . Our house was robbed on Tuesday morning, the 28th of November. I sleep in the shop; my master is a shoe maker . On that morning, I was awakened by the jingling of glass in the shop window; I got out of bed, and as I was gitting out, I heard one of the prisoners say to John Smith < no role > , d-n your eyes Jack, make haste. I went towards the window, and saw the glass was broken; they had got to the glass by taking a shutter down, and a hand in the broken pane, in the act of taking a pair of shoes; I saw that it was the prisoner John Smith < no role > 's hand; I saw his face; I knew him, by seeing him so often. I saw the prisoners John Durham and James Rider < no role > standing by him. I did not see what Smith did with the shoes he took out. He put his hand in again, and then I saw he had a hook stick, and was pulling a pair of shoes out with it. I then went and alarmed my master; at that time, it was just getting the break of day, it was rather better than half past six; it was light enough for me to see their faces, and I am positive as to all of them. When we came down, the prisoners were gone; we found what had been taken, five pairs of shoes, and one pair of woman's boots When I went to bed on the night before, the shutters was up, and all safe, and these shoes and boots were in the window. Smith had a blue coat on, out at the elbows; Durham had a green coat on, and Rider had a witish coloured jacket on. The same morning I gave a description of their dresses to the officers. They were taken at about twelve o'clock. It was not day-light; it was getting day-light.

Prisoner Durham. What part of the shop were you standing in, when you pretend you saw the colour of the coats?

Witness. I was not standing at all; I was sitting on a chair just opposite the window.

Prisoner Durham. How was the shutter taken down?

Witness. It was dropped, and pushed on one side.

Prisoner Durham. You swore the shutter was reared up.

JOHN LITTLE < no role > . I am the master of that boy. My house is in the parish of St. Mary Whitechapel . I was disturbed at rather better than half past six, by the last witness; he knocked at my room door, and said that thieves were breaking in. When I came down, I found that the shutter was put on one side, and a pane of glass was broken; five pairs of shoes were gone, and one pair of woman's boots; the value was three pounds two shillings; I made them at that price, and they were worth full that. The boy described the dress, and the prisoners to me. They were taken in consequence of that description. When they were taken at about twelve o'clock, their dresses they had on,corresponded with that description. I had seen them for nine or ten months up and down the street and the neighbourhood in company together. When the boy alarmed me, he described that he knew them all; he said, one had a blue coat on, out at the elbows, and he said, another had a light jacket on, and the third had a green coat.

JURY. You say you have been in the habit of seeing them up and down for the last nine or ten months; do you mean in the same dresses - A. Yes.

Prisoner Rider. Where did you see me before - A. A number of times.

Q. How long before - A. Two or three days.

Q. Was the shutter gone right away - A. No; down by the side.

Re-examined by the COURT. There was light enough to distinguish the different prisoners' faces, had they been outside.

Prisoner Durham. Could you, if you had been in the place of the boy, distinguish the different colours of persons coats, between blue and green, or any other colour - A. I believe I could distinguish the difference between blue and green.

JOHN GRIFFITHS < no role > . I am a police officer. I saw this boy on the morning of the robbery, and received from him a description of the dresses of the persons who committed the robbery, which description I wrote down, and told my brother officers to go and take them. They were taken. Rider had on a great coat, and when I desired him to take it off, he had on a white jacket underneath, and the dresses of the others also corresponded with the description.

FRANCIS FREEMAN < no role > . I received directions from Griffiths to go in pursuit of these young men. I found them in the Princess of Wales public house, about a hundred and fifty yards from the prosecutor's house; they were in company with several more, and playing at cards; Smith was dressed in a blue coat, with both the elbows out. Durham had a green coat, and was dressed as he is now, only that he had a coloured handkerchief; Rider had on a great coat, and a light jacket underneath. I know them all three.

EBENEZAR DALTON < no role > . I was with the last witness, and was present when the prisoners were taken. The elbows of Smith's coat were out. The house is known better by the name of Black Hell than the Princess of Wales; it is a notorious house, where thieves resort.

Smith's Defence. I have got no more to say than that I know nothing at all about it.

Durham's Defence. It is impossible for that lad to swear to the colour of coats, for he could not tell whether it was green, or blue, or black, or any other colour, it was so dark.

Rider's Defence. The lad swore to me when I had my coat on, and then he afterwards swore to my jacket.

THE COURT. In re-capitulating the evidence to the Jury, informed them, that if the shutter was removed when it was quite dark, that was a burglary, and not house-breaking in the day time, with which the present indictment charged the prisoners; one of the witnesses has said, that it was not day-light, but getting day-light; that was when they were taken the property. It must have been a very short time previous, that the shutter was removed, but still there was a doubt as to its being day-light at the time of the breaking. In all cases where a doubt existed, and more particularly in cases of life and death, the prisoner ought to have the full benifit of that doubt. -Another question would arise as to the value of the property stolen, for if they should think that the property was worth forty shillings, it would be still a capital offence.

SMITH, GUILTY, aged 23,

DURHAM, GUILTY, aged 25,

RIDER, GUILTY, aged 22,

Of stealing to the amount of 39s. only, and not of breaking and entering in the day time .

Transported for Seven Years .

Second Middlesex Jury, before Mr. Justice Wood.