279. DANIEL HOLLIDAY proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Thomas Griffiths proceedingsvictim , at about the hour of seven in the night of the 2nd of February , with intent to steal, and for burglariously stealing therein, one coat, value 1l. one shirt, value 10s. two waistcoats, value 6s. one pair of breeches, value 1l. one pair of boots, value 30s. one sheet, value 8s. one pair of stockings, value 3s. one handkerchief, value 6s. one hat, value 8s. one box, value 2s. and one pair of gloves, value 6d. his property .

THOMAS GRIFFITHS < no role > . I live in Frying-pan alley, in the parish of Christ Church, Spitalfields ; I rent two rooms of Mr. Pettit, a livery-stablekeeper, in Bishopsgate-street; he does not live in the house in Frying-pan-alley; there are other lodgers in the house; he lives in the livery stables, in Bishopsgate-street; we all go in by the same door. Mr. Pettit never sleeps there. My apartments are below stairs. On the 2nd of February, I had all my things taken out of the room; I had been in the apartment in the morning, and when I came home at about ten o'clock at night, I was told they were gone, and I missed them.

SARAH DAVIS < no role > . I live in Frying-pan-alley, with Thomas Griffiths; it is in the parish of Christ Church. I went out when the shops and lamps were alight; it was between five and six in the evening; it was dark when I went out, so dark that I could distinguish it was night, and not day. Before I went out of the apartment, I shut the shutter too, and bolted it; I locked the door, and left it so. I returned between eight and nine, I had the key, and put into the key-hole, as I thought to open the door; but the door was open; I went immediately to the window, and felt for the box; but the box was gone; a hat, a coat, a pair of boots, two waistcoats, a shirt, a sheet, a pair of breeches, (I can't say for any thing else,) were taken. All the things were in the box when I went out. The quilt from the bed was gone. I should know these things again if I were to see them.

JOHN ARMSTRONG < no role > . I am an officer belonging to Worship-street. I know the house of the prosecutor is in the parish of Christ Church, Middlesex. On the 2nd of February, I was on duty; I was going down Rose-lane; I was walking on one side of the way, and I saw the figure of a man with a bundle, on the other side of the way; it was about twenty minutes before eight o'clock; I crossed into the highway, and got before the prisoner at the bar: I came up to him, and said, what are you carrying here; he said he was carrying his own things. I told him, the reason I stopped you is because I am Armstrong, the officer; you must give me an account what you have here; he said, boots, a coat, and silk handkerchiefs. I said come into this cook's shop, and I took him, and examined the bundle; I told him I would take him before the magistrate; I took him a little further, and then he said, I will not go one yard further with you, you have not shewn me any authority; I told him I had mentioned my name, and the office I belonged to, and to the magistrate he should go; I never let him go, until I put him in possession of my son, and the bundle also; I opened the bundle, and examined it. I charged the prisoner that night, and he was committed. I gave the bundle to my son, having to drag the prisoner such a length of way. This is the bundle I gave to my son. When I stopped the prisoner with this bundle, it was not two minutes walk from the prosecutor's room, and house. On the morning of Saturday, I saw the prosecutor, and shewed him these things. He came to the office asking for a search warrant. The next day the things were produced in the presence of the prisoner; when the prosecutor saw them, and swore to them. The prosecutor did not tell me what he had lost. The prisoner said that the bundle was his own property.

Prisoner. Did I not shew you the man going a head of me, who gave me this bundle, and did you not say you would have taken him if you had any one to assist you?

Witness. My lord, he never said any such thing to me.

Prisoner. Did not you say, you would have taken the man that was going a head of me, if you had any one to assist you?

Witness. My lord, I never said any such thing.

JOSHUA ARMSTRONG < no role > . I am a police officer, and I received the bundle which has been produced, from my father, at about half past eight. I went the next morning to the house of the prosecutor, and the wood work of the door about the lock was cut away. The prosecutor told me of his missing every article that was in the bundle, before he saw it.

Thomas Griffiths < no role > . I look at these articles; I know them; the coat is worth five pounds, the shirt worth ten shillings, (which is under the value,) the waistcoats I value the one at three shillings, and the other at five shillings, the breeches I value at one-pound, the boots at thirty shillings, and the sheet at eight shillings; there are a great many other articles stolen which are not here. I saw these articles in the morning, before they were stolen; they were kept in a chest; the chest was taken away.

Sarah Davis < no role > . These are all the property of Thomas Griffiths < no role > . I had no light when I first went in, and could not observe whether there was any thing done to the door.

Prisoner's Defence. All I have got to say is that I was desired by a man to carry the bundle into Bishopsgate-street, and the man was going a head of me when Armstrong stopped me, and he said he would have taken the man if he had any body to have assisted him.

GUILTY - DEATH , aged 37.

First Middlesex Jury, before Mr. Baron Richards.