The Sun.
London, England, 1802-09-23 00:00:00

stealing, if they believed the a✓idence fr the Prci-
seciition, and were of opinion that atPrisoners
confederated for the common purpose of ifling the
Prosecutor, it mattered not which of th Prisoners
hands took the -property, they were bth impli-
cated in the offence.

The Jury very soon found a verdia—Guiltj of
stealing but not in the dwelling-houbc;

James Simpson was charged with a apical of-
'fence in feloniously stealing a number of silver
table and tea-spoons, and other articles opiate, the
property of Robert Robinson, Esq. in thtdwelling.
house of Maria Marken e.
The Prosecutor, it appeared, lodged irthe house
of Miss Mackenzie, itrßerrrieitAt'reet,Hanoveri.
square ; and the articles laiTiii:theslndi4nent had
been allotted for his use, and were conficd.. to the
care of his servant. About three oicick.,:in: the'
afternoon,of the day stated in the Indiement, the
Prisoner was observed by Mr. Robinsas servant
coming out of the pantry, which had ben open,
and to which the Prisoner got 'access dowl the area ;
the servant naturally .asked him what to wanted
there, when the Prisoner said he came tt look. for
Lady Walter's
.house keeper, (no such person, how-
ever, wis* known to the family, or-livei in their
neighbourhood) this not satisfying the savant, he
pushed the Prisoner. back to prevent him from
going, when he receded into: the pantry again, on
which the servant instantly shut the. door on him
and locked him in'; the upper part of the door
being wired, he could scc whaepassed within, and
he. observed the Prisoner to take the articles of,
plate in question out of his pocket and lay them on
a shelf. In short, the Prisoner was detained
until Mr. Robinson came. in
,and assistance had,
when he was secured. . .

The Learned Judge said the Indklment was
well laid with respea to alledging the plate to be-
long to Mr. Robinson, for though the general
property was in Miss Mackenzie, yet the articles
being delivered for his use, under the care of his
servant, and himself responsible, the Law consi.
dered him as having a special property in the goods
--the dwelling-house was also rightly stated to be
that of Miss Mackenzie ; with respea to the
faEt there was a sufficient rernaval,to constitute the
felony, did they believe the Evideiu
~to be correa.:
the only remaining question was, ttie-,,yalue, which
the Jury would estimate by a view of the articles. -
After shortly conferring, the Jury found the
Prisoner guilty of stealing bo the_ value of 39 shil-
lings, which obviated the capital part of the charge.

Daniel Maine was charged with a capital offence
in feloniously stealing on the ICth -inst. a pair-of
boots and boot.tops, -a coat and. waistcoat, neck-
cloth, and silk handkerchief, and other similar
articles; value
.upwrdi of fairy shillings, the pro-
perty of Benjamin Willis, in the dwelling.house of
Thomas Russel,• and also, with the, farther caeital
offence of burglariously breaking out of the dwelling_
house of the said Thomas Russel.

The story told by- the Prosecutor embraced a
very long and circumstantial -detail of fads, the
etre& of which was, that the Prisoner had been an
acquaintance of the Prosecutor's, and that he per-
mitted the Prisoner to sleep with him on the night
of the isth, they had been drinking in the evening
together, but not to ekcess ; they went to bed soon
after eleven. About six in the morning the Pro.
secutor awoke,- found the window-shutters Open,
and soon found that he had been robbed of the
articles laid in the Indiament ; and the Prisoner
had also ,taken his hat. Not long after, however,
the Prisoner returned- with Willis's hat on, and
said, " Damn it, where's my hat, I left it here....
The Prosecutor immediately accused him of having
taken his things; when the Prisoner desired him to
say nothing about them, and he shoald_havc them
about breakfast time. For the following day or

two the parties had communications respe.tting the
restoration of the things, but finding that the
Prisoner trifled with him, the Prosecutor applied to
Bow street, and had him taken up. A silk hand-
kerchief was found in the apartment of the Pri_
soner, which Willis swore had:l3,een, taken "from
him, and also a book containinga ,Omber of inde.,
cent prints, which the Prosecutor.-alsodeposed was.
taken. from out his drawerS—rione. of the other
articles were found. In his pocket was found a
note addressed to Willis, implying a sort of ac-
koowledgment of having taken the things,
and excusing his breach of promise- in not restoring
them at a particUlar time—the handkerchief was
produced and sworn to by the Prosecutor—the

book was not brought, as' the Prosecutor, Officers,
&c. acknowledged it was .not -fit to •be publicly
produced.
The Prisoner in his defence asserted that the
'Prosecutor. had invited him to partake of, his bed
that night ; that they had both drank a great quan-
tity together, and that the Prosecutor haring con-
dutied himself rather improperly in the course of
44a eight, ha got up and ,wfnr the handker-
chief, lie said, w.a, given him to use as a night-cap,
and the book, ht asserted; had been lent• hith by
Willis to peruse.- He denied having takci any of
the articles in question. No Witnesses appeared in
his behalf. _ _

Mr. Justice LE BLAXC observed, the Cise corn.
biped a two-fold capital charge, that of sttaling in
a dwelling-house beyond a certain amomt, and
char of burglariously breaking out of the house.—
Of the latter they had no positive evidence that
the breaking out was in the night timt, on the
contrary, upon the whole, it was ratherprobable
that laft took place after it • was light. With re.
spelt to the former charge, the Jury, ifthey be-
lieved- the Prosecutor's' story, would derrmine as
to the probable value of the-artick4;.' Hist.ordship'
then recapitulated the evidencetrital ce jury
after considering some time, -fuitrit'thePritionef''
Guilty of stealing to the 'value of 395. and cquittcd
him of the charge of Burglary.
The Learned Jude reprehended the ccdun of
the Prosecutor, as rash and incautious in sffering a
man to lodge with him whose charader lithad not
thoroughly known, and observed, that itwas also
• discreditable to him that such a book 5114 be in
-his possession.