288. EDWARD BRIANT proceedingsdefend , WILLIAM FORE-MAN proceedingsdefend , and LEVI ABRAHAMS proceedingsdefend , were indicted for burglariously breaking and entering the dwelling-house of Joseph Fillison proceedingsvictim , at about the hour of seven in the night of the 10th of March , with intent to steal, and for burglariously stealing therein, one chest, value 12s. one tankard, value 15s. one mug, value 5s. two pins, value 5s. one brooch, value 15s. one opera-glass, value 15s. one snuff-box, value 5s. two dozen handkerchiefs, value 1l. 14s. two shirts, value 1l. eight pairs of stockings, value 26s. six waistcoats, value 2l. five pairs of trowsers, value 2l. one coat, value 15s. three pairs of gloves, value 4s. two pairs of shoes, value 12s. one pair of breeches, value 1l. and two razors, value 6d. the property of Robert Edward proceedingsvictim Holme, and one chest, value 6s. the property of Sarah Colby proceedingsvictim . And ESTHER JONAS proceedingsdefend and SARAH LEVI proceedingsdefend were indicted for feloniously receiving on the 11th of March , the same goods, they well knowing the same to have been feloniously stolen , against the statute.

JOSEPH FILLISON. I am the landlord of the house, which is in Stepney parish; I live in the house myself; I let part of it out to lodgers; Sarah Colbey < no role > is a lodger of mine, and Mr. Robert Edward < no role > Holme; I have no other lodgers; I recollect Sunday, the 10th of March; I went out at about a quarter before three; I left Mrs. Colbey, at home. I locked the door when I went out, leaving her in the house; I returned at about a quarter before eight; when I returned, my street door was locked, to all appearance as I left it. I went in myself, and some of my neighbours were in the house when I went in. I lost nothing; I know nothing of the circumstances of the robbery; I keep one key of the door, and Mrs. Colbey keeps the other; I left Mrs. Colbey at home; I had bolted the back door.

SARAH COLBEY < no role > . I lodged with Mr. Fillison. On Sunday, the 10th of March last; I know the last witness went out in the afternoon, and I heard the door shut about three o'clock; a little while after, I went out; when I went out, I pulled the door to, which has a spring lock, and I pushed it to see that it was safe. When I heard the door shut at about three o'clock, I did not go down to see who it was that went out. I did not unbolt the back door; When I went out, I fastened the front door, and pushed it, and it was fast. Mr. Fillison returned just before me; it was about eight o'clock; when I went into the house on my return, I missed a chest, I don't know what it was worth; I don't think a shilling; I had not seen it just before I went out; I don't know that I had seen it that morning; it was in my bed-room; I can't say whether I had seen it or not that morning.

RHODA BROWN. I am a servant next door but one to Mr. Fillison's. I was at home on the 10th of March last, at about seven o'clock in the evening, I saw two men go out of Mr. Fillison's house, with a chest on their shoulders; I saw them go in, and I saw them go up the steps, and saw them go in, and bring out a chest.

Q.How did they get in - A. They were not on the steps a minute; they did not remain in a moment; they were out again directly; one had a chest on his shoulder; I can't say which; I believe it, was the tallest, Briant; he had a soldier's coat on; Foreman was with him; I think the tall man carried the chest. I had seen them in the afternoon in the street; there were three in the street, walking up and down all the afternoon, opposite our house, and opposite Mr. Fillison's; that bad attracted my attention; I had particularly observed them; I am for certain enabled to say, that the two men at the bar are the men; I can't say I should know the other man; if I had seen him go in, I should have known him too; I did not see the third man when they went in. I noticed the one with the curls on his face; that is the tallest one; I saw no mark on the face of the other. Afterwards I saw them at the police office; I knew them then; they were then in a different dress; they had other clothes on than what they had on the Sunday; one had a soldier's great coat on; but it was neither of these. When I saw them enter the house, it was moon-light. I told the neighbours directly almost.

Cross-examined by MR. ADOLPHUS. The persons who entered the house were only two; no third man was within sight, that I perceived; this was on the 10th of March, it was about seven o'clock. I neither knew Briant nor Foreman before; I did not take such notice of them as to know how they were dressed; I know one man was dressed in black, and the other man, who went into the house, had a soldier's coat on; but I don't say whether this is the man; I can't say whether they both went into the house; one is the man who went to the house.

Q. Which - A. I think Foreman, the little one; I think Foreman went into the house; I believe the small one carried the box. I did not see the faces of both that went into the house; I saw the short one go into the house.

COURT. Who is the man you saw with the chest - A. The tall man, with a soldiers coat.

WILLIAM JAGGERS < no role > . I live in the neighbourhood of Mr. Fillison's house; I am a cork-cutter. I was passing Mr. Fillison's house, and saw one of the prisoners, Levi Abrahams < no role > , I think is his name; I saw him with a bag on his shoulder; it was about one hundred and fifty yards from Mr. Fillison's door. I did not see any body else then. I followed Levi, and lost him. Coming back again, through the same street, I saw the two prisoners Briant and Foreman with a box; I am quite certain to these two prisoners; Briant had the box on his shoulder, and the other had a hold of the rope behind. Upon that, I took no more notice. Foreman was dressed inblack, and had a patch on his chin; a large black patch. This was about half past seven; it was a moon-light night. I think I could speak to the box they had; I can swear to it. Mr. Fillison's house is in Turner-street.

Cross-examined by MR. ADOLPHUS. It was about half past seven when I saw them. They were then a hundred and fifty yards from Fillison's house, and it was full a quarter of an hour, or twenty minutes before that I had seen Levi; I did not know Briant before. I saw them at the police office next, I went immediately and gave information at this office. I went into the house and looked over it, and gave information at the police office; I saw the girl Brown standing at the door; she had just then given information.

Rhodn Brown re-examined. I saw that gentleman,(the last witness) at about half an hour after I saw these men; I was then alarming the neighbourhood, I alarmed it immediately.

William Jagger < no role > 's re-examined. I found a robbery had been committed. I said I could swear to the persons if I saw them again. In consequence of finding that a robbery had been committed, I went down to the police office, and described the men I had seen with the chest; and in consequence of that description; they were both taken. I look at the prisoners, Foreman and Bryant, and I have no doubt of their persons.

JOHN TINNEY < no role > . I am a watchman of Whitechapel parish, in Chicksand-street, about half a mile from the house that was robbed. At nine o'clock in the evening of the 10th of March; I was crying my first hour, and found a chest at the corner of Halifax-street. I have taken care of it, and it is here. I afterwards found another, at about fifteen yards from that, in a piece of waste ground where a builder keeps his things.

SAMUEL MILLER < no role > . I am a police officer; the persons of two men were described to me, and in consequence of that description. I took Briant and Foreman. Foreman was described particularly, with a black patch on his chin. I found them both in company the next morning, and Foreman had a black patch upon his chin. They were in Flem-delis-court, turning out of Brick-lane, Whitechapel. When we took them to the lock-up-room; Foreman had a patch on his chin, but before the witness saw him, he had torn it off. In consequence of some information, I went after Levi Abrahams the same morning, the Sunday, at a little after eight, or between eight and nine. We went first to Abraham'e house; he was at home; it is in Chicksand-street. We found him there, but not any property. We did not take him into custody then; in about an hour, or an hour and a half, we went into a house in Little Middlesex-street, Whitechapel, we there found Abraham's and the two women employed in picking the marks out of this property. (producing it) I asked them whose it was, and from whom it came. They all three said they did not know whose it was, nor from whom it came. In the pocket of Sarah Levi< no role > I found two pair of gloves and a neckerchief. I took all three of them up; I believe the husband of Esther Jonas, keeps the house. They were actually picking the marks out of the things. They immediately dropped them when I opened the door suddenly.

Cross-examined by MR. ADOLPHUS. I saw Levi in the morning at his own house; I believe his name is Abraham Levi < no role > , and not Levi Abraham; the girl Sarah Levi < no role > is his daughter. I searched at his house and discovered nothing there. I know Jonas, the husband of Esther Jonas < no role > , if I should see him. I came into the room where they all were; Abraham Levi < no role > had a pin or a needle, which he dropped in a moment; I will swear he dropped a pin or a needle the moment we opened the door; we did not look for the needle; I saw a pin, or a needle, or something of that description; I went in first, and the others followed me closely.

JOHN GRIFFITHS < no role > . I accompanied the last witness in taking up the prisoners Foreman and Briant. The account he has given is correct.

EBENEZAR DALTON. I went to the house, and found Levi and the two women there; they were employed in picking the marks out of the linen which is now produced; they dropped the things directly from their hands as soon as ever the door was open. I caught hold of the things as soon as ever they dropped them. They said, they knew nothing of them, nor did they know to whom they belonged. Miller and myself went there; we saw them picking something out.

Cross-examined by MR. ADOLPHUS. I don't pretend to say that I saw any needle, but some of the things had the marks only partly picked out.

ROBERT EDWARD HOLME < no role > . I was a lodger on the 10th of March last. I left home at about half past two in the afternoon; I returned soon after ten at night; I found that I had in the course of that day been robbed. That chest contained this wearing apparel, which is now produced.

(Witness now swears to the wearing apparel.)

SARAH COLBEY. I lost such a box as one of these; but could not swear to it; I lost such a one; I think this is it; it is something like it. I lost a box like that other box.

William Jaggers < no role > . That is the box, (pointing to the one which Mrs. Colbey cannot swear is her's,) Briant had on his shoulder. This box has rope handles; Foreman had hold of the rope behind.

John Tinney < no role > . The boxes were about fifteen yards from one another. I found Mr. Holme's chest first, it was at the corner of Little Halifax-street, in Whitechapel, and the other was in a bit of waste ground, inclosed by a bricklayer to keep his tools.

Mrs. Colbey. I can't tell whether my box had a rope handle or not; I cannot even swear to its handle.

Rhoda Brown < no role > . I can't say what box it was I saw them with; it was a large box I believe.

Levi Abrahams Defence < no role > . In the morning I went out to buy some fish, and coming home, I went into my sister-in-law's, Esther Jonas < no role > , and she asked me to look at these things which she had there; I was not in five minutes, and was just looking over them when the officers came in, and took me,and they know that the fish was on the table.

Jonas's Defence. I got up on the Monday morning, and went out to market, and I was out about half an hour, and when I came in, I found these things all about my place; I asked my neighbours if they knew any thing about it, and they said, a man had been in, and I was very inquisitive to know what these things were, and just then by brother-in-law came in, and I asked him to look at them, and we had not been looking at them five minutes when the officers came in.

BRIANT, GUILTY - DEATH , aged 22.

FOREMAN, GUILTY - DEATH , aged 22.

ABRAHAMS, NOT GUILTY .

JONAS, GUILTY , aged 23.

LEVI. GUILTY , aged 16.

Transported for Fourteen Years .

First Middlesex Jury, before Mr. Baron Wood < no role > .