The Sun.
London, England, 1803-01-18 00:00:00

OLD BAILEY.

FIFTH DAY.--14.():70/4a, 174
Tin Trial-of Mr. Pearce and -Miss Johnston Was
postpoined until the. next Session.
TV:lham Thompn; a black man, was indited•for:
berglariously breaking and- entering the dwelling.,
house of. James Carey, Richard Carey, and John
Carey; and hurglariotisly stealing therein five pair
of Men's shoes, of the value of 30 shillings, their
property, and 7ase jib Berillo tor receiving the
goods; knowiog them to. have beeo stolen.
. • ,
It appeared in tvidence, that Pimes Carey urns a
Shoemaker, carrying on his trade in ;
that he had tss o Partners Trade.; John and
Richard Carey, the one residinein anti
the other in the Country, aria `that he-a'lont oceo-
pied 'the..dwellini. bottle in ,Saircon'-hilr, .which put
to eval to the capital part of the Cherge;becAti,seit
was stated in the ,Inditfttnertt. to he 'the dwelling.r
houSe Of all thethree Partners.—'-But as to Thcittip.
son; it appeared that he lodged next door to the
Proseetitor's hotise, and made A title in the Wood.:
work over the rafters which' separated the two
houses, 131 which means, he
„tot into loft of the
Prosecutor's house, and from thence into his shopii
and' stole, Ave pait of shoes. There Watt ne idea
which way they Were gone, until the Prisoner's
Landlord
was
- him on the rafters one morning
early 7it was a,plii'ce where he had business, mitt
on being asked what he was doing there, 'he said
he was going to see for sortie wood ; on Which he
was apprehended. It then appeared, shalt he hact
sold theshoea to the Prisoner Bentley, who keeps it
new and old shoe Warehotise hear Brooks's Marker;
where :Our out of the five pair Were found. When hd
brotight the shoei to . Bentley, he asked hint to bit,
them. Bentley said he 'Was unwilling to'buy them,
bechuSe hetwas afraid that Thorripson did not come
by them honestly ; to Which he answered, that he
need °not fear that, for that he had been two years
nt eea, and the. Purser, who owed him Moneyi
could not give it him dircetly When he wanted it,
and therefore gave him these shoes to get money for
them ; on which Bentley bought them of Thompson
for io 'shillings and Sixpence, upon 'Which hks. pro.
fit to sell them again was little !tore than hfilf a
crown. It appeared.by the evidence of the_Prose.
cutor; that the slides, when they .were stolen front
him, were not in 'Saleable state, becanse,they were
unfinished-1)1.1r the servant of .Bentley positively
swore that they were bound_ up anti I.illi4hed when
her master bought them of the Blacks
The Jury, under these citctitostaneee, found
Thompson, the black, Gallo of stealing the goads,
but acquited him of the ,burglarly, for the reason
above stated, and,..the Prisoner Bentley Not Guilty;

• 4.
James Haydon, alias Martitz, was inotaed for
burglariously breaking and entering the &Welling:.
house of John Rogers, end stealing therein two
gold rings, his property'.
John Rogers, the Posecutor. slid, thai he is a
Jeweller and Silversmith, living at. No. 25,, High_
street, Bloontibury. On the ,4th December last,
between five and six o'clock in 'the evening, he bit
several articles in his trade, diatilonds and gold
rings to the value, as far as he had been hitherto
, able ,:o estimate, of about, '2,51. Am )okr the arti-
cles he lost, were t .va gold tin c, . whielnvere in a
anavt.graasin to e shop window, stetted iritlieutun
way. As he was, at tea in the parlour behind the
shop, he•was alarmed by a noise of a 'pare of glass
being broken, •and his Shoprnan jumping over the
counter, and afterwards endeavouring to open the
door, but which he was unable to do, for it was
discovered to have been tied by a cord on the out.
side, which was fastened to the latch ,#t one end,
and the other to the railing of Idle area. After a
great deal of difficulty Mr. Rogers himself succeeded
in openingethe door, and by that time a mob had
collected at the door, so that he thought it advise.
able to shut up. He then discovered that his pro.
perty was taken out of the show.glass, but lie
knew nothing of the person who took it •• he saw
the gold rings again in the,eare of the Ofil:er of the
Watch, who apprehended the Prkoner.
John Bacon, the Prosteutor;s Shopniaff, gave the
same account as his Master 4 to the hteaking the
glass 'window, and the door being tied by a cord,
so that he could' not open the dnoi. until Mr. Ito.
gers tame to help him.
.He saw the haild of a man
in .the glass arter it was broken, 'so—that there was
no doubt that the property taken away at the
time the lass was broken ; so that the breaking
and entering the dwelling...house, and the stealing
or.the goods, was at one tune.

It then appeared that the Prisoner was apprehended
in the street by order of a Mr. Marsh, a Jeweller
in the neighbourhood, and that when he was taken
up, he made alt the resistance in his power, so that
two, or three Watchmen had rutich ado to condud
him to the watch.house ; this was between eight
and nine at night. He was senched there, and in
his fob were found two gold seals, which the Pro.
secutor swore to be his property, and he swore that
they had been in his diew-gia'ss half so hour before
ft was broken.

The Prisoner gave no account of himself further
than that he found these goods in the street.
The Csiter• BARON of the EXCREQOEa said,
that in order to constitute a burglary, there must
'he a breaking and entering in the night, together
with a stealing, or an intent to steal. As to the
breaking and entering, so sacred did the Law of
England hold a dwelling.house,, that the bare lifting
up a latch, with intention to commit a felony, was
a breaking, and the putting in the hand through a
tune of glass was an entering of the dwelling.house.
Here the breaking and entering were dear, and no
doubt it was in the night. The stealing the goods
also was the same time as the breaking ; the
only question was, whether the Prisoner was the
man who did, or was concerned in the doing °fit ;
and upon that the behaviour of the man when he
was apprehended, and the finding the property opon
him so recently after it was stolen, were material
pkiints for the consideration of the Jury, who per-
haps might expec of the Prisoner a better account
as to the manner by which he came by them, than
by barely saying that he 'found them. His Lord_
ship left the case to the Jury, who found the Fri.
saner Grat.y.—Death.

.7obx Godewix, an elderly man, was charged with
a capital offence in feloniously stealing two horses,