926. THOMAS HERRING proceedingsdefend was indicted for burglariously breaking and entering the dwelling-house of Thomas Cane proceedingsvictim , about twelve o'clock in the night of the 25th of April , with intent to steal, and burglariously stealing therein, eleven live pigs, price 20l. , his property.

JOHN COLBY < no role > . I am cow-driver to Thomas Cane < no role > , who lives in the parish of Heston, in Middlesex . On the 25th of April, about half-past eight o'clock at night, I shut his seventeen pigs into the sty, in the yard, fastened the door with a latch, and pinned it outside; I also fastened the yard gate. The sty and house are enclosed with a fence all round. At half-past six the next morning I found the sty door unpinned, the pin on the ground, and the pigs all gone; I went round the premises, and found seven of the pigs in my master's field. The yard-gate was shut-there are three or four gates round the yard, they were all shut and fastened as usual. There was a ball pig among them. I had fed the pigs with wheat the day before, and traced them by their dung across a field, but then lost the trace.

Cross-examined by MR. ANDREWS. The sty is against the barn. There are eight more men sleep in my master's house besides myself.

THOMAS KING < no role > . I am a patrol of Bow-street. From information that I received I went to the prisoner's house at Mitcham, which is about fouteen miles from the prosecutor's, on the 26th of April, which was the day after the robbery, and found nine pigs there, dead; they appeared to have been killed the day before - I saw the offal of them. The prisoner kept a pork-shop about half a mile from his house - I went there, and found several pieces of pork, and two pigs' heads. Smith was with me.

Cross-examined. I knew the prisoner before. I told him what I came for. I knew it was his shop also - I have bought meat of him there. We found him at his house, and he went to the shop with us.

STEPHEN SMITH. I am the prosecutor's servant, and went to the prisoner's house with King; I saw nine pigs there, among which was a ball pig, and two others, which I knew to be Mr. Cane's. I afterwards saw the heads of two more-they were the same sort of pigs that my master lost. I saw their dung at the prisoner's house-it was wheat dung.

Cross-examined. I knew one of them by its not being the proper shape, and another had a particular mark on the head - They had been killed about a day. Mr. Cane's house is completely surrounded by a fence-there is no gap that they could get out at. The sty is within the railing; the mark on the pig's head was a defect in the skin, which was visible. I knew the pigs immediately.

RICHARD GALLIERS < no role > I receive the toll at the Upper Newton gate, near Epsom, it is about fifteen-miles from Heston. On the 26th of April, about six o'clock in the morning, I took toll for eleven pigs, from the prisoner, they were black spotted pigs, he was by himself. I asked him where he was going to take them, he said, to Croydon. He went towards London-that road would take him to Mitcham-it is the longest way, by a great deal.

SMITH. That is the description of my master's pigs.

MARY ANN WOOD < no role > . I am servant at the Red Lion, at Southall, which is about three-quarters of a mile from Heston - I know the prisoner; I saw him at our house at about half-past eight o'clock on the night before the robbery, there was another man with him. The prisoner stopped about an hour and a half, and the other man left about a quarter of an hour after him.

JAMES CURNOCK < no role > . I am constable of Norwood, in Middlesex, about a mile from Heston. On the 25th of April, between two and three o'clock in the afternoon, I saw the prisoner and another man, at the Wolfe public-house there. I am sure he is the man.

The prisoner made no defence.

GUILTY . - DEATH . Aged 46.

First Middlesex Jury, before Mr. Justice Park.