278. JAMES MILES proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Thomas Strelly proceedingsvictim , and Grace Crookshank proceedingsvictim , at about the hour of seven in the night of the 31st of January , with intent to steal, and for burglariously stealing therein, fifty-four yards of sheeting, value 5l. the property of the said Thomas Strelly < no role > and Grace Crookshank < no role > .

THOMAS STRELLY < no role > . I live at 123, Shoreditch ; I am a linen-draper ; I am in partnership with Grace Crookshank < no role > ; my mother and I keep the house; she is a widow ; the house belongs to my mother, and me as stock in trade, and we jointly pay the expences of the house-keeping; the shop is the lower part of the house. On the 31st of January, Wednesday evening. I was in the parlour behind the shop; nobody was in the shop after I left it. I had left the shop between five and ten minutes before I heard any noise. No person came in as a customer; a customer had been in three quarters of an hour before, and had gone out. I had had a person in about ten minutes before, and he had gone out again; he was not a customer; when I let him out, I fastened the door after him; I shut the door on the latch, and I am sure it was latched; I did not try it; but I know the door was shut and fast. Then I went into the back parlour. The first thing, I was sitting in the back parlour, with the parlour door open, and I heard a noise in the street, and directed my attention that way; I went out of the parlour towards the shop door, and I saw a man in the shop, near the door; I ran towards him, and stopped him, seeing him with something in his arms; that was the prisoner; he had a piece of sheeting in his arms; the piece of sheeting, when I stopped him, fell from his arms; I did not pick it up; my servant picked it up; I saw it on the floor, and knew it immediately, it was mine; we call it sheeting; it was given into the custody of John Armstrong < no role > , the officer, in about ten minutes. The prisoner is the man whom I caught in my shop; this was about a quarter before seven; I am perfectly sure as to the time, it was dark about an hour; we had candles lighted. I know nothing more than what the prisoner said when we were taking him to the office. I asked him when I caught him, what he was about; and he made answer that he wanted something for a pair of trowsers, and that was all I could get from him. I had seen that piece of sheeting on that day, in my shop; it layed on a box in the shop, on the right hand side, with six or seven other pieces; I had seen it, but I don't know at what hour; the place where it had been might be six or seven feet from where I laid hold of him; he was on the threshold of the door, just in the act of stepping out. When I was going before the magistrate, the same evening, he said he was sorry for what he had done. I said nothing to him; I made neither threat nor promise, and that is all he said. He might me a little in liquor, but that I can't say.

JOSHUA ARMSTRONG < no role > . I am an officer. I was on duty on the 31st; I saw a mob round the door of the prosecutor, and upon that I went into the shop, and received charge of the prisoner; it was about a quarter before seven; I was going to the office to meet the rest of the officers. Mr. Strelly's house is in the parish of St. Leonard's, Shoreditch; Mr. Strelly had him by the collar when I went in. In going down to the office I met my father, and gave the sheeting to him. In going down to the office, the prisoner said he was sorry for what he had done. I had hold of the man when I met my father; Mr. Strelly had the sheeting. The prisoner was in liquor, and had been drinking, I have no doubt.

JOHN ARMSTRONG < no role > . I produce the sheeting, and know nothing more but having had the custody of it.

Thomas Strelly < no role > . I look at this property; it is mock Russia sheeting; there are fifty-four yards; it is called sheeting; the value to buy it of me is five pounds thirteen shillings; it is my property, and my mother's, and had never been sold. I have no mark of my own; but I know it from the quality, and from the private mark of the house from which I bought it.

Prisoner's Defence. I was very much in liquor, and went into buy some shirts and handkerchiefs.

John Armstrong < no role > . I searched the prisoner, and he had two three-shilling pieces and some halfpence on him.

GUILTY - DEATH , aged 45,

Of stealing to the value of 40s. in a dwelling-house, but not of breaking and entering the said dwelling-house.

First Middlesex Jury, before Mr. Baron Richards.