324. (2d M.) PETER M'CLOUD was indicted for breaking and entering the dwelling-house of Joseph Hankey , Esq ; on the 10th of April, about the hour of one in the night, and stealing a sash-window screw made of iron and brass, value 1 s. the property of the said Joseph Hankey , Esq; in his dwelling-house .
A second count charges him with breaking and entering the said dwelling-house with intent to steal.
[The witnesses were examined apart, at the request of the prisoner.]John West came to my assistance. The prisoner said he had not been attempting my house. I said, see what you have done, the window is broke open. The lowermost middle pane in the uppermost sash was broke, the window was down, I had not given him time to get the sash up. Mrs. Hankey and the servants came down; and we carried him into the house. I put my cloaths on, and then we carried him to the watch-house for that night; and the next morning we took him before Justice Sherwood.
John West . I live across the road from Mr. Hankey's. I heard Mr. Hankey call out, and came to his assistance. Mr. Hankey was struggling with the prisoner; he bid me hold him fast, which I did; he got a light, and came out and saw that the window-shutter and the glass had been broke.
Q. to Mr. Hankey. How soon after you apprehended the man, did you examine the window?
Mr. Hankey. I believe in about two minutes. I heard the prisoner call out Peter when I was in the room; I searched him in a few minutes after I had him in my house; he had this blunt, white-handled knife, and a small crow, upon him, (producing them).
Mrs. Ann Hankey . I went to bed about half an hour after ten the night before our house was broke; I saw the maid secure the windows, and I tried the screw of the shutters, and every thing was safe and fast; I always see to the fastening myself; I examined the window when I got up, and the pane above the skrew was broke, and the screw was gone.
Q. Was there room for a person to put his hand into the window, and take the screw out?
Mrs. Hankey. Yes.
Q. Was you by when the prisoner was searched?
Mrs. Hankey. I was not.
Mr. Hankey. This is the same sort of screw that was in my window, and I believe it to be the same. This is the nut, (producing it). I have taken it out of the window, and the screw fits it exactly.
Q. to Cole. Where did you find it?
Cole. About thirty yards from the window, towards the Smith's shop.
Mr. Hankey. That is the way I saw the prisoner's accomplice go.
- Hunter. I found this chissel (producing a large iron chissel) near Mr. Hankey's, about five o'clock in the morning, as I was going to work.
William Stamford . I was going to my labour. As I came by the watch house on the 11th of April, I looked through the bars; some man said to the prisoner you are a pretty sort of a lad to have a roll and tumble with Mr. Hankey; he smiled at it, and said, if I had known as much then as I do now, I would have had his life if I could.
Francis Sellon . I saw the prisoner at the watch house the morning he was taken, he pulled a great knife out of his pocket and said it was a pity he had not time to get it out of his pocket, or he would have snigasneed him.
Prisoner. Please too look at the knife and see if it is fit for such a thing, the edge is an inch thick.
Wm. Pemberton . I saw the prisoner in custody at the watch-house, he took out a knife with a broad blade and white handle, and said it was a pity he could not get it out, or he would have snigasneed him. (This is the knife.)
Q. to Mr. Hankey. Do you know the prisoner's age?
Mr. Hankey. His father said he was 17 or 18 years old.
I went down to Gravesend on board the Marquis of Rockingham to see my cousin, I stopt at Blackwall, being a strong flood; just as I came by this gentleman's door, there was a parcel of men running along, the gentleman laid hold of me, and charged me with breaking his house open; Mr. Hankey said the lower pane of the upper sash was taken out: Mrs. Hankey said it was the upper.
Court. Mrs. Hankey corrected herself.
Q. to Mr. Hankey. Are you sure the prisoner is one that jumped from the window?
Mr. Hankey. I never lost sight of him.
For the Prisoner.
Prisoner. That crow is not fit to break open a house, the pewterers use it in making pewter pots, I never had it for any such thing as that.
Guilty . Death .
See him tried for a Burglary, No. 200, in the present mayoralty.