10. JOHN NIXON was indicted for burglariously breaking and entering the dwelling house of Thomas White , on the 22d of October , about the hour of eight in the night, with intent the goods of the said Thomas White to steal .
I am an housekeeper in Liquorpond-street ; my house was broke open on Sunday the 22nd of October, between seven and eight o'clock; I have a wife and two children, and a girl and boy servants; my brother at that time lodged with me. On Sunday evening as I was sitting in the room up stairs, I heard a rumbling noise down in the shop; I went down and found the partition that goes down into the cellar
Did you observe any part of the house that was broke open? - He said he got in by wrenching up the slap of the cellar window; there was no mark of violence to be seen on the outside, the slap was shut down again; there is a slap and two folding doors with a bar across, the dog of the slap was out of order, and I found it bent; I did not know before that it was very easy to get it up; when they had got into the cellar they wrenched down a board to get into the shop; the cellar where they got in was under the place where I live.
I live about three doors from Mr. White; on Sunday the 22d of October, about nine o'clock I was going by Mr. White's, and I saw Robinson the soldier pull the prisoner out of the cellar; the partition where there is a sliding-door that has a communication with the shop was broke open.
My father turned me out of doors, I had no where to lie, I saw this cellar open and went down there to sleep.
NOT GUILTY .