779. JAMES MAGENIS was indicted for burglariously breaking and entering the dwelling-house of John Lutwych , about the hour of twelve in the night, on the 23rd of May , with intent to steal, and stealing therein, a silver tea-pot value 4 l. a silver wine-strainer, value 1 l. thirteen silver table-spoons, value 8 l. twenty-one silver forks, value 3 l. two silver cups, value 3 l. a silver cruet-stand, value 1 l. 12 s. two pair of boots, value 3 l. two rasors, value 1 s. a strap, value 6 d. two pair of shoes, value 1 l 4 s. two pair of breeches, v. 2 l. 10 l. a soap-pan, v. 6 d. a pair of pantaloons, v. 10 s. two bats, v. 2 l. two coats, v. 2 l. a waistcoat, value 1 l. two table-cloths, value 1 l. 19 s. two seals, value 1 l. 15 s. two ivory boxes, value 5 and a pair of silver sugar-tongs, value 1 l. 15 s. the property of John Lutwych .
JOHN LUTWYCH I live at No. 15, Mecklenburg-square, in the parrish of St. Pancras . On the night of the 23d of May I saw the house was fastened; I saw that all was fastened. I took up the key of the front door into my chamber after I had fastened up the chain. In the morning between six and seven o'clock, I was alarmed; I came down stairs, I found that my house had been robbed, that the thieves had got into the house. I went into the garden; I found that they had cut a pane of glass out of the pantry window; they had then, I imagine, taken out the pin that fastened the two shutters together; it was laying upon the garden ground; when they had opened the shutters the pantry door lock had been forced; by opening the windows, they got access to the pantry; they then forced the pantry door, and got access to the house, tracing their progress; the next door lock was also forced, and then they had access to the whole house.
Q. Did they get into the dining-room - A. They did, and took away two silver cups.
Q. Had they taken the things stated in the indictment from the different rooms - A. They had.
Q. What was the value of the whole of them - A. One hundred pounds; they cost me more.
Q. From the number of drawers broken open, did it appear to you, that they had been a good while in the house - A. They must. They had broken open the desks, and scattered the letters and papers about. They had also broken open a side drawer. I found dropping of wax candle in the back parlour, on the desks; they had broken open two desks, and upon the table also there were droppings of wax candle, in my dressing-room.
Q. On the night that Mr. Lutwych was robbed, did you see any man near this house - A. I saw two men between the hours of eleven and twelve on Monday evening, they were standing against the railing, looking into the parlour window, but when I came up, they went away; they only went to the railing of the square, and there they stood. On the night preceeding the Sunday, I saw the two men in the very same place, at the same hour; they were standing looking against the rails, in the same way; they crossed again; they were lottering about; they went against the rails of the square. The prisoner is about the size of one of the men; the other was rather taller.
WILLIAM WAINWRIGHT . I am an officer. I apprehended the prisoner on the 30th of June, at one o'clock in the night at the bottom of Guildford-street, Gray's-inn-lane; I saw the prisoner in company with another, I had suspicion of them; I went up to one of them; I asked what he had about him; I rubbed him down, and found he had nothing about him. I was alone. The prisoner was going away; I went after him, and laid hold of him; I asked him
Q. Did you learn from the prisoner where he lodged - A. Yes; he told me he lived at 62, Rose-street, Bloomsbury. I took Samuel Lack with me there; on searching his lodgings, I found this pair of boots, two razers, a strap, a memorandum-book, a box with soap, a brush, and two small ivory boxes.
SAMUEL LACK . I was present when the prisoner gave directions to the last witness of his lodging, and I was present at the searching of his lodging, and when I came back, I asked the prisoner where he got the property I found in his lodgings; he told me he bought it. That is all I know.
Q. to Prosecutor. Look at these things, and tell me whether they are yours - A. These boots are mine, although they have been worn by another person since they have been taken; I know them to be my boots; these razors are mine, I should know them among a thousand, there is my own mark on them; the memorandum-book has some of my own memorandums in it now; the razor-strap I cut to make it fit my shaving-box; these little ivory boxes contains dentifice powder one, the other is charcoal.
Prisoner's Defence. The officer asked me where I lodged, I had no reason not to tell him, had I been conscions of any thing improper, I should not have told him; I had not. I would submit to the law. Ask the officer what was my conduct when the other man ran away.
COURT. Q. to Wainwright. Did the prisoner attempt to get from you - A. As soon as the other man ran away, I told the prisoner I would knock him down if he offered to run away; I saw him attempt to throw something away. I threatened to break his legs if he stirred hand or foot. I had a stick and a cutlass. I saw him put his hand to his coat, that induced me to threaten him. We found this phosphorus bottle and matches in his box at home, besides the one I found on him.
GUILTY - DEATH , aged 28.