1. THOMAS PEARKS proceedingsdefend was indicted for feloniously breaking and entering the dwelling-house of David Page proceedingsvictim , about five o'clock in the forenoon of the 25th of May , at St. James, Westminster, he and other persons being therein, and stealing therein two silver spoons, value 20 s., his property .

DAVID PAGE < no role > . I live in Bridle-lane, St. James's, Westminster - I occupy the house. On the 25th of May last, my house was broken open.

Q. By what means - A. The flap of the kitchen window was lifted up, and the staple of the bolt drawn - anybody could then get into the house. I lost two silver spoons, worth 1 l., which had been used the day before - I found them in the possession of Needham. He gave them to me - I produce them - they are mine, and have my initials on them - they are worth 20 s. I saw the window fastened in the course of the day.

SARAH WILTSHIRE < no role > . I am the prosecutor's servant. On Sunday, the 24th of May, in the afternoon, I left the spoons safe at three o'clock, in the kitchen. I was there about eight o'clock in the evening, the window was then fast. I went to bed about ten o'clock.

Prisoner. Q. How was it fastened - A. the bolt went into the staple - I am sure it was fastened. My master, and all the family, slept in the house that night.

JAMES BOOTH < no role > . I am a watchman. On Sunday morning, the 25th of May, about half-past five o'clock, I was passing the prosecutor's house - the kitchen window was then fast. I saw through the railings that there were two silver spoons, in some dirty dishes there; about a quarter of an hour after, I found the staple drawn, and the window forced open - the spoons were gone. Before this I had met the prisoner and another boy coming down the lane, about twenty paces from the prosecutor's house - coming towards it - I said nothing to them. When I found the window broken open, I suspected them. I went in pursuit, and overtook the prisoner in Golden-square, I took him to the watch-house, and found two silver table-spoons on him, which were delivered to Needham.

JURY. Q. How did you see the spoons - A. It is a wooden flap with bars to it - I saw them through the bars.

(Property produced and sworn to.)

Prisoner's Defence. The flap was open when I went to it.

GUILTY. - DEATH . Aged 16.

Recommended to Mercy .

First Middlesex Jury, before Mr. Baron Wood.