337. HENRY NASH was indicted for burglariously breaking and entering the dwelling house of Francis Charles Phillips ; about the hour of seven in the night of the 24th of February , with an intent burglariously to steal his goods .
I live at No. 1, John-street, Berkley-square . On Sunday the 24th of February, about seven o'clock in the evening; I heard the cry of stop thief in the street, and immediately I heard my own hall street door shutting, I was in the parlour; I immediately ran to a dressing room where I had been writing letters just before dinner; and a young woman and her brother knocked at the door, and said that a thief had made his escape out of my house; on going into the dressing room I observed that one of the windows had been opened, the sash thrown up; I had been writing some letters, and I left it shut when I went to dinner, perhaps half an hour before my bureau was open and my unfinished letters were on the table; I was a good deal alarmed for the fate of what was in the bureau, I ran immediately and found nothing had been taken out of the bureau; a pursuit had been made in consequence of this young woman and her brother seeing a man run out of the house, and this man that now stands at the bar was brought a prisoner to my house.
Mr. Knapp. Mr. Phillips what are you? - I am steward to the Prince of Wales .
Q. You had been about half an hour before in this room? - I had, then I went to dinner.
Q. I take it for granted your servants took care of your house? - Most undoubtedly.
Q. It was quite dark? - It was so late as seven o'clock in the evening.
Q. The prisoner was not searched at all? - No.
THOMAS DEIGHTON sworn.
I was in Queen-street, Cousin-street. On this 24th of February, I did not see any thing, some time after I heard the cry of stop thief, it was night about seven o'clock, I heard the cry of stop thief; this young man, John Hewitt said here he comes, we heard somebody coming, the prisoner
Prisoner. Pray sir did you shew these cuts the first hearing? - Yes, I did.
I was passing by this house on the 24th of February, Sunday evening, in John-street, and I saw this window up, and as we came to the window my sister said she saw a man in the room, and I said if you knew any of the family you had better inform them; with that I went to the street door, and the person came out as close to me as could be, and pulled the door after him; as soon as ever he got past me he set running as fast as ever he could, I observed two men before him, and I called out stop thief, and pursued him into Queen-street, and when I got into Queen-street I was crossed by two men, and I sprained my ancle, and I saw him run down across the street on the left hand side.
Court to Deighton. Where did you first see him? - In Queen-street.
Mr. Knapp. The man ran from you as he came out of the house? - He did.
Q. And who that man was you don't know? - I do not.
Q. Did you make any observation on Mr. Phillips's house? - I told my brother the window was open, and I discovered a man standing at a little distance from the window; the words that I made use of were, that there was a man standing there, and I thought it proper to knock at the door; my brother asked me if I knew any part of the family, I had no knowledge of any part of the family, my brother attempted to go up to the door, and the door opened at the time, a man came out and pulled the door after him by the knocker of the door; I cannot tell the person of the man, my fright was so great; the man ran down John-street into Charles-street, I did not pursue with my brother, my brother cried stop thief, and I expressed the same words, and returned to Mr. Phillips's door and knocked.
I was with Deighton; I was one that pursued when he got away; Deighton and I followed him into Hertford-street and took him, he attempted several times to run something into me after I took him, which I suppose was the knife, which was found in the scrummage.
I was coming by John-street, and Mr. Phillips was standing at the door with a number of other people, he told me he had a very narrow escape of having his house robbed.
The prisoner called two witnesses who gave him a good character.
Not GUILTY .
Tried by the first Middlesex Jury before Lord KENYON.