2192. HENRY SMITH was indicted for burglariously breaking and entering the dwelling-house of George Ritchie, about the hour of eight in the night of the 1st of October, at Allhallows, Lombard-street, with intent to steal, and feloniously and burglariously stealing therein 6 yards of silk, value 30s., his goods.
GEORGE RITCHIE I am a hosier and batter, and live in Graechurch-street, in the parish of Allhalows, I am Lambard-street. On Thursday evening, the 1st of October, I was out with Mr. Reynolds, and returned home at eight o'clock in the evening—I had left a servant in the house—I had seen the shop window five or six hours before eight o'clock—it was then perfect—there was no broken pane—it was dark at eight o'clock, except from the street lamps, and the light from the window—when I came near my shop I observed two lads at the window, looking many ways—I thought they were after no good, and made up to them as fast as possible, and was just in time to endeavour to secure one of them, which was the prisoner, when the glass fell nearly on my feet, close by me—I ran after him, after having scuffled with him, and knocked him hat off in the scuffle, and in Leadenhall-market, in one of the turnings, I missed him—he was brought back afterwards by an officer—I did not look at the window, when the glass fell at my feet, nor see whether any thing was taken out at that time—I lost sight of the prisoner—I went about fifty yards from my shop in pursuit, then returned back to the shop directly, and immediately after the officer returned with him—I charged him with breaking my window, and taking goods from it—as, when I returned to the shop, I found there had been a piece of silk handkerchiefs taken from the window—I had made inquiry when I returned, and was told the silk handkerchiefs were taken from the window—a person found it outside, who I believe is not here—it was produced to me by my young man—he is not here—I did not see what the lads were doing at the window—I could not tell what they were in the act of doing—I could not see, because they were close together.
SAMUEL SHEPPARED . I am an officer. This piece of silk handkerchiefs was given to me by Mr. Hobler, the clerk at the Mansion-house—I know nothing of the transaction.
JOHN REYNOLDS . On the night in question, I was in company with Mr. Ritchie, and saw two lads at the window—suspecting they were after no good, seeing them look up and down the street, I made across the road, and just as I came up the glass came out of the window—the prisoner ran up the street, followed by Mr. Ritchie—the other ran down Lombard-street, and I followed him calling, "Stop thief"—a policeman stopped him just by George-yard—I could not see what they were doing at the window, because I was behind them—when I came up they ran away—I returned to the shop afterwards, and saw the glass was broken—I did not see any thing on the ground.
NOT GUILTY .
Before Mr. Justice Patteson.