168. WILLIAM JEFFORD proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of John Kerslake proceedingsvictim , at about the hour of four in the night of the 22nd of December , with intent to steal .

JOHN KERSLAKE. I live at the Crown, Essex-street, in the Strand . I went to bed at about two o'clock, on the morning of the 22nd of December,leaving my house perfectly secure in all respects; more particularly that night, as I had been robbed the night previous. At about four o'clock in the morning, we were awakened by a strange noise; it was very dark; my wife got up; she is not here; the sweeps were to come at about five o'clock; she got up and let them in at that hour. In consequence of what she came and told me, I went down, and found the cellar door out side the house broken, and the grated one outside in the street also broken. I called the watchman, and found the prisoner in the back cellar.

Prisoner's Defence. On Friday fortnight, I went to Mr. Kerslake's, as usual; Mr. Kerslake desired me to go into the cellar to remove some pig's dung, and unfortunately I was led to drink some brandy at the cock, which took such an effect upon me, that I layed down on the coals, and I fell asleep. When I awakened in the morning, I found myself in the dark, and could not remember where I was, and I tried to get out, and that piece of wood came off by pulling the door. When they came in, I was not concealed by any means, I stood up. When I was searched, there was no instruments of house-breakingfound upon me, nor any thing that could shew a guilty design.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Dallas.