673, 674. (M.) JAMES NIMMEY , jun . and JOHN CHAPMAN were indicted for breaking and entering the dwelling-house of Thomas Mahoney , on the 5th of July , about the hour of one in the night, and stealing a silk handkerchief, and two linen handkerchiefs, value 2 s. four China bowls, value 20 s. one earthen bowl, value 6 d. one pair of gold weights and scales, value 1 s. one leather box, value 1 s. and thirty-six half-pence, the property of the said Thomas, in his dwelling-house . *
Thomas Mahoney . I live at the Swan in King-street, St. George's in the east . On July the 5th, between half after eleven at night and three in the morning, my house was broke open. I went to bed before 12 o'clock; I fastened the doors myself: about four in the morning one of the neighbours called out in the street, that my house was robbed and broke open; a lodger in the house got up and called me; I found the house broke open, and missed in the bar all the things mentioned in the indictment (repeating them) the bar window was broke open; the rail the shutters slide on was cut on the outside, and then the shutters fell down. I found the marks of three chissels which had been used to force the window, one large, another smaller, and the other smaller than that; there were two panes of glass in the window broke, and I suppose day light came on, or they would have taken all the things I had there.
Q. Was it day light when you got up?
Mahoney. Yes. I went to Justice Sherwood and laid an information of the robbery, and his men found them out about a fortnight after, and the Justice sent for me; a China bowl was there produced which I knew to be my property.
Mahoney. This bowl is my property, it was in the bar that night; it has been broke and rivetted.
William Evans . I was along with John Chapman some day in July; we met James Nimmy in Wapping; he said he would go and break open Mr. Mahoney's house: I said I believed he had a great deal of money in a fill in the bar; Chapman bid Nimmey and I watch, that nobody came by, which we did; then he pulled out a rusty chissel, and with his knife and the chissel he cut away the grove of the shutters; he took down the shutters, and while he was breaking the glass the Watchman cried past one o'clock. Nimmey ran away, we put up the shutters, then we went away; for fear they should see the house; we returned in about a quarter of an hour, or ten minutes; we saw no more of James Nimmey ; Chapman put his hand in and took out two China bowls; I went and hid the bowls in a hole in Farthing-fields. I asked Chapman to go back and see if we could not get the money; we went back, and Chapman took the pane of glass out, and took out some bottles and some half-pence, a pair of scales and weights for gold and silver; then we came away; he took the things home, and I went to my lodgings.
Q. How old is Nimmey?
Evans: Fifteen or sixteen years old.
Hiams. I took Nimmey and Evans together.
I never was concerned with any of them in my life.
The Prisoner gave Evans money to tell where the scales were.
NIMMEY Acquitted .
CHAPMAN Guilty . Death .
See Nimmy tried No. 26, for a highway robbery; and No. 222, for a burglary, both in the present mayoralty.