1108. JOHN BOND proceedingsdefend was indicted for stealing, on the 1st of December, 1816 , one 20l. and one 10l. bank note, the goods of William Howard proceedingsvictim , in his dwelling-house .

SARAH RANDALL. I had been housekeeper to Mr. Howard forty years; he was a farmer , and lived at Hillingdon ; his family consisted of the prisoner, who is his grandson, Thomas Ayres, and myself. On Sunday, the 1st of December, the prisoner went out about one o'clock, after dinner - I did not see him again. Ayres went out about six o'clock in the evening, leaving me and Howard at home-we were sitting by the fire in the kitchen, on the ground-floor. I sat with the door at my side, and Howard sat opposite me, facing the door; I had lit the candle for him to light his pipe. I heard the door either pushed open or unlatched, thinking it was Ayres, I said, "is it you, Tom?" The moment I spoke I received a violent blow on my head, and also several other blows, which stunned me, but never saw any body. I heard Howard groaning violently - He was in the ninety-first year of his age. I do not know what passed afterwards. When I came to myself the prisoner, Bond, spoke to me; but I do not know how long it was after I had received the blows. The prisoner used to receive Howard's dividends, and pay them to him, and Howard used to put the money into a private drawer in his bureau, and keep the key in his purse in his right hand breeches pocket.

Cross-examined by MR. BOLLAND. The prisoner is the son of Howard's daughter; he had lived with his grandfather ever since he was twenty-two years of age - He used to manage his affairs, Howard told him he had left him in his will 200l. I afterwards heard him say he meant to alter it to 400l. 3 per cents. Howard died the next day; he was not sensible after I heard him groan. The prisoner never wanted money. Howard offered to pay him his wages, and he said he did not want them yet. The prisoner generally went out after dinner and returned about seven o'clock.

THOMAS AYRES < no role > . I was servant to the deceased; on the 1st of December last I left his house about six o'clock in the evening, leaving my master and the housekeeper sitting by the fire; I shut the door after me, leaving it on the latch, I went up to the canal bridge and met William Mercer < no role > , we then went to the Trunk public-house, which is a short distance from the house; as we returned we met a man coming in a direction from the house - I called to him, that he had missed his way - He went away towards the bridge, through some water-he passed about ten yards from me. About a quarter before seven o'clock the prisoner came into the public-house, and said,"for God's sake come, for somebody has killed Sarah and the old man!" Several of us, who were in the public-house, went to the house with the prisoner, we there found the old lady and gentleman in their chairs, they could not speak - They were both very bloody; the blood ran out of the old gentleman's mouth and nose, and there was a great deal of blood on the floor. The prisoner got some brandy, and rubbed the old man's temples, he said,"Don't, John, it is so cold;" he left off and helped him up stairs to bed. I never heard him speak afterwards. I went for the doctor. When I first came into the house a man brought a swingle into the kitchen, this was on the bacon-rack - A person could see it if he looked up to the ceiling when he came into the kitchen; the prisoner knew it was kept there.

Cross-examined by MR. BOLLAND. The prisoner sent me for the doctor. The lane where I met the man leads to Howard's house, and no where else; a person in that lane must be either going to, or coming from his house-he was coming from the house, and walked through the water to avoid us; there was a board over the water as a bridge, he must have passed us to go over it. The prisoner set up the whole night with Howard, and went several miles after a man who was suspected to have committed the murder.

WILLIAM MERCER < no role > . I was with Ayres; he has spoken correctly. The old man was beat about a great deal.

JOHN CURTIS < no role > . I am a surgeon. I was called in to attend Howard, I told the people he could not recover. I had very little hopes of the woman recovering.

Cross-examined. There was some blood on the doorbar, as if he had been struck first with that, and afterwards with the swingle.

JOSEPH ALLEN < no role > . I am churchwarden of the parish of Hillingdon. On the 1st of December, 1816, about eight o'clock in the evening, I was at the deceased's house, the prisoner asked me to go and search the bureau; I askedhim where the key and padlock were; I found them inside the bureau, which had been broken open-the prisoner found it there-it had not been opened with the key; I searched it as well as I could; but I have seen it since, and find there is a secret drawer which I did not search. I did not discover that I had not searched it all until August last, when the bureau had been sold.

MR. ALLEY, on the part of the prosecution, declined proceeding further.

NOT GUILTY .

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