717. EDWARD LOWE proceedingsdefend and TIMOTHY BARNARD proceedingsdefend were indicted for feloniously stealing, on the 16th of May last, two wooden drawers, value 5 s. the property of Francis Gilding proceedingsvictim ; a yard and a half of muslin, value 5 s. a silk gown, value 2 l. 2 s. a silk petticoat, value 8 s. three cotton gowns, value 2 l. 14 s. a petticoat, value 14 s. a gown, value 10 s. 6 d. a bed quilt, value 10 s. 6 d. another ditto, value 5 s. a petticoat, value 4 s. a yard and a half of brown holland, value 1 s. 6 d. a shawl, value 3 s. two yards of lace, value 5 s. four yards of cloth, value 4 s. a bed-gown, value 3 s. a handkerchief, value 1 s. a pair of stockings, value 1 s. a pair of pockets, value 1 s. a diaper towel, value 2 d. a linen ditto, value 3 d. two yards and a half of linen cloth, value 2 s. two yards and a half of ditto, value 2 s. 8 d. two yards and a half of ditto, value 2 s. 8 d. and three pieces of linen cloth, value 6 d. the property of Elizabeth Woodyere proceedingsvictim , in the dwelling house of the said Francis Gilding < no role > .

The indictment opened by Mr. Gascoigne, and the case by Mr. Fielding.

The prisoner Timothy Barnard < no role > 's counsel having challenged the London Jury, who tried Lowe and Jobbins, another jury was sworn as follows:

James Burrows proceedingsjury

Thomas Meredith proceedingsjury

Edward Robinson proceedingsjury

William Wilson proceedingsjury

John Butler proceedingsjury

William Hardy proceedingsjury .

John Lilly proceedingsjury

William Beyer proceedingsjury

George Kelsall proceedingsjury

John Stokes proceedingsjury

Thomas Cannon proceedingsjury

Charles Howgrave proceedingsjury .

JAMES FLINDALL < no role > sworn.

(The pardon admitted.)

I know the prisoners; I was tried and convicted of this offence.

On the night of the 16th of May, were Lowe and Barnard in your company at the fire in Aldersgate-street? - Not till four in the morning; then between four and five, I was in company with the two prisoners at the bar, Edward Lowe < no role > and Timothy Barnard < no role > ; Lowe fetched the two boxes on his head, from Aldersgate-street Buildings; they were brought from Mr. Gilding's house; Barnard desired Lowe and me to follow him to Pear-tree-court; we came to Sutton-street; Timothy Barnard < no role > then lifted them off Lowe's head, and put them on my head; we went to the walk that leads to New Prison; Lowe and Barnard were in company with me: near the gates of New Prison, I was stopped by Mr. Lucy, the officer; that is not much more than a hundred yards from Barnard's house; Lowe and Barnard were close to me; at that time there was a man with Lucy who was an overlooker of the watchmen; Lucy took hold of me, and asked me where I got those drawers? I told him I received them from the Red-lion-yard, Aldersgate-street; he then asked me if they were my own property? I said, no? he asked me where I was going to take them to? I told him to Pear-tree-court; then he asked me who gave them to me? then I told him the second time, that I received them from a gentleman in St. John's street; hearing me give a different account, he said he should take me into custody, which he did, and put me in the prison; Barnard walked away; Lowe remained there, and was speedily brought into the prison to me; I was afterwards tried for that offence, and convicted; I did not see Barnard < no role > that morning till between four and five; I went to his house in Pear-tree-court; he came out directly, and went to the fire, with another person, named Harman; Lowe first brought out these drawers; at that moment I cannot say where he was; justas we came to the end of the buildings, I saw Lowe come with them; Barnard was in company with me: I had been in Mr. Gilding's house before, in and out once or twice.

Mr. Knowlys, Prisoner's Counsel. You say Lowe had got out of the house with the things, before Barnard had got to the house at all? - Yes.

Was Barnard nearer than sixty yards at the time Lowe was coming out of the house? - He was not.

When did you go into Mr. Gilding's house to commit this robbery? - It might be about three o'clock; I did not go in to steal those drawers: just as we got to the end of Aldersgate-street-buildings, Lowe was coming across the road.

Do I state right to the jury, when I tell them that you are a person who has burned some houses, planned the burning of others, who has been a thief for two years, by your own confession, and engaged the last six months in schemes of continual plunder? - I do not deny it.

JOHN CARTER < no role > sworn.

I saw Barnard at the fire in Aldersgate-gate-street; he was in Mr. Gilding's compting-house, and I was there, getting out the books; I gave them to Barnard to remove; I cannot say where he carried them; I did not go out; I was carrying a box; Barnard laid hold of it, and said, I belong to them, give me the box; I would not; I believe it might be between two and three, or three; I never saw that person before.

JOSEPH DOUGLASS < no role > sworn.

I am a joiner. I know Barnard since he has been in confinement; I saw him at the fire in Aldersgate-street; I entered the house, and broke open a desk, and took some books, and gave one to Barnard; I went after him about two doors; I told him he had a book, and he came back and delivered it; I cannot be positive to the time; but to the best of my knowledge, it was two o'clock.

Mr. Knowlys. Nobody troubled you about your conduct? - No; they had no reason.

Where do you live? - In Bridgewater-gardens, No. 15.

Did you work for yourself? - No; for Mr. Goodye always.

Were you at all intimate with a man of the name of George Dunstan < no role > ? - I do not know such a name.

Do you know a man of the name of Daniel Macaway < no role > ? - No.

Do you know a man of the name of John Barlow < no role > ? - No; but I have heard of his name.

What was your fellow apprentice's name that got into disgrace lately? - I heard he was transported.

LLOYD GARSIDE < no role > sworn.

Deposed to the same effect as on the trial for Arson.

JOHN LUCY < no role > sworn.

Deposed to the same effect as on the former trial, and could not swear to Barnard.

(Elizabeth Burden and Jane Gilding < no role > deposed to the property, as on the former trial.)

The court being of opinion that the felony was compleat before Barnard arrived, the jury were directed to acquit him.

EDWARD LOWE, GUILTY , Death .

TIMOTHY BARNARD < no role > , NOT GUILTY .

Tried by the second London Jury before Mr. COMMON SERJEANT.