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Case:

691. JAMES HOWARD, alias Gabriel , JAMES ELLIOTT , and PHILIP EDY were indicted for feloniously breaking and entering the dwelling-house of John Ballantyne, on the 9th of January, at St. Andrew, Holbora, and stealing therein 6 handkerchiefs, value 30s., his property: and that Howard had been before convicted of felony.

MR. BALLANTINE conducted the Prosecution.

JOHN EATON (police-constable S 193.) I was with another constable in plain clothes in Tottenham-court-road on Saturday evening, the 9th of January, and saw the three prisoners together, walking and talking togetherIknew Howard and Edy by sight beforeI watched them down Tottenham-court-road, and St. Giles's, into Holborn, till they came to Red Lion-streetthey went through Gray's Inn-passage into Bedford-street, remaining close together all the timethey were looking into the shop-windows, more particularly jewellers and linen-drapersI had an opportunity while watching them to observe Elliottwhen they got to Bedford-street I saw them pass the prosecutor's shop-window two or three times,

looking in at the door and windowI saw them speak to two boysthey were all together, but Howard spoke to the boysthey seemed strangers to them, and the boys went a little distance, as if they were watching for themthe three prisoners all went to the prosecutor's shop-window close togetherI saw Howard at the square of glassthe other two were close to himI saw Howard doing something at the square of glass, but I could not see what, and in two or three minutes I saw them all three come away from the windowHoward appeared as if he was putting something in at the side where the putty wasafter they left I saw Howard go directly opposite the window, and pitch some glass in the roadit made a great noise, and sounded like glassat that time the policeman ou duty in uniform was coming along, and the prisoners walked away towards Gray's Inn-passagewe spoke to the policeman, and he kept out of the waywe went round in different directions, and when we got back found they bad gone to the window again, all three were round itthe shop is two or three houses from Gray's Inn-passageI went up, tried to seize Howard, and at that moment he threw some silk handkerchiefs on the pavement, which I produceI tripped him up just as he got across the road, and after some resistance secured himhe tried all he could to kick me, saying, "You b, if you don't let me go I will kick you"I took him into the shopthe handkerchiefs were picked up by the shopmantheother two prisoners ran awaywhile I was in the shop Elliott was brought in by the other constableI knew him againI saw Edy in custody on Monday, the 11thafter coming from the station in about three quarters of an hour I looked on the road, and found two pieces of glass brokenit was the same description of glass as the window, which was broken large enough to admit a hand.

Cross-examined by MR. HUDDLESTONE. Q. How many boys were there about the place at that time? A. Twono morethey were away from the window when we took the prisonersI suppose they ran awaythe boys did not go the window at allthere are two courts, and one was placed at the end of each courtI saw the boys after the window was broken, lower down than the shopI do not know whether they walked or ran awayI did not see them afterwardsmy brother constable saw them as well as me.

JAMES HERSEY (police-constable S 144.) I was in plain clothes, in company with Eaton, on Saturday evening, the 9th of January, and saw the three prisoners in Tottenham-court-roadI watched them through different streets, till they got to the prosecutor's shopI then saw Howard put his hand to the window, go away, and throw something down in the roadthey were all together at the timeanother policeman then came upI went round and met them in another streetwhen I returned they were all three at the windowI had, before that, seen them speak to two boysI was on the opposite side, not with EatonI saw them all at the window, and Howard was taking the handkerchiefs outthey all stood close togetherEaton went up, and seized HowardElliott ran awayIwent after him, and caught him in Bedford-row, without losing sight of himI brought him back to the shop, where I found Eaton with Howard.

Cross-examined by MR. PAYNE. Q. What time did you begin to watch them? A. About half-past six o'clock we first saw themit was just before eight when they were at the prosecutor's shopI had been watching them all that time, and had been nearly close to them all the wayI

was standing about three doors above the prosecutor's when I first saw them at the window, near Gray's Inn-passageElliott stood nearest to me, I cannot say which was nextI was standing in a line with themnot all the timeI was standing on the opposite side when they took the handkerchiefs outElliott was nearest to me then, they kept turning backwards and forwards from the windowI followed Elliott up Gray's Inn-passage, along Red Lion-street, down Princes-street, into Bedford-rowtherewere three corners to turn, but I was not above six yards behind himwhen I laid hold of him, he said, "What do you want with me; what have I done?"

Cross-examined by MR. LUCAS. Q. Did you see Edy take the hand-kerchiefs?A. Nohe was in company with themI saw no one in the street at the time, but the prisoners and the two boys.

Cross-examined by MR. HUDDLESTONE. Q. Where were the boys? A. One was near Gray's Inn-passage, and the other at the end of a court I do not know the name ofI do not know where they were when the prisoners were takenI did not look for themI was standing on the opposite sideI did not notice how many people were in the streetseveral were passing up and downthe boys were gone when the handkerchiefs were takenI did not see them thenI was looking at the prisoners.

JOHN FRYER (police-constable E 118.) I met Eaton and Hersey on Saturday evening, the 9th, near the prosecutor's shopthey pointed out the three prisoners to me, and I went out of the way at their request, that I might not be observedI am positive the prisoners are the personsI saw no part of the transaction.

Cross-examined by MR. PAYNE. Q. How long were you there before you went out of the way? A. Two or three minutesI went through Gray's-inn-passage, and met the other two constables at the other end.

Cross-examined by MR. HUDDLESTONE. Whereabout did you first meet the two constables? A. Within three or four doors of the prosecutor's, at the top of Bedford-rowat that time I saw the prisoners, and could be seen by them.

HENRY RAMSDEN . I am in the service of John Ballantyne, hosier, No, 18, Bedford-street, Bedford-row. On Saturdy evening, the 9th of January, I was in the shop, and heard a cracking at the window outside, apparently the glassI attributed it to the frostsome time after I heard a cry of "Stop thief"I ran to the door and picked up these six handkerchiefs on the pavement, just outside the windowthe window was brokenthe bottom of the pane had been cutthere was glass enough out for a hand to go throughthe handkerchiefs had been in the window about six inches back from the glass, where it was brokenthose now produced are themtheyare my master's propertyour shop is in the parish of St. Andrew, Holborn-above-barsit is generally called St. Andrew, Holborn.

Cross-examined by MR. PAYNE. Q. Suppose any body asked you what parish your master lived in, should you not say St. Andrew, Holbornabovebars? A. No, St. Andrew, Holborn, that is the name of the parish.

BENJAMIN LANGHAM . I live in Red Lion-street, Holborn. On Saturday evening, the 9th of January. I live passing through Bedford-street, near Mr. Ballantyne's shop, and saw Howard and Elliott at the shop-windowIdid not see Edy at the window, but about a minute before that I had seen the three prisoners and two or three boys standing by a coffee

shop, two doors from the prosecutor's, and heard them whisperingI stood and looked at them, and Elliott said to me, "What do you want?" and I walked onI heard the policeman calling, went hack, and saw Howard and Elliott at the windowI did not see any hody else close to the windowIam not sure the third man was not there at that timeI did not notice himHoward was pulling the handkerchiefs out, and Elliott was standing to hide his handI was going by on the same side of the waytherewas nobody else at the window at that time, I am quite surethere were some boys close by, but they were not at the windowthey were perhaps a dozen yards from itI ran after Elliott, and saw him taken into custody.

Cross-examined by MR. PAYNE. Q. Who are you? A. I live with my father, who is a bookseller and tobacconistI go to schoolI was going by the prosecutor's, and heard these men whispering, and inspected they were thieveswe have had different things stolen from our shopI am sixteen years oldI stood and looked at them for about a minute or half a minuteElliott asked me what I wantedI gave him no answer, but walked onI heard the policeman speaking to another policeman at the corner of Gray's-inn-passage, and then I ran backhe said they were starring the glazethat means cutting the glass outI ran back to the window directly, and saw Howard pushing his hand in at the windowElliottwas hiding him, and directly he got his hand out, the policeman came up and laid hold of HowardI do not swear there were only two men at the window, but my attention was directed to the men taking the thingsI was standing about two yards from themthere might have been more than twoI do not know exactly.

Cross-examined by MR. HUDDLESTONE. Q. Did you see any boys about at the time? A. Not thenI bad seen them standing close by the prisonersI did not see them when the prisoners were takenI did not look for them, because I ran after Elliottthey might have been there for what I knowwhen we ran up to the prisoners, a great mob came directlyIdid not notice any persons in the street before thatI was looking at the prisoners, and did not see any.

GEOROE TREW . I am a policeman. I took Edy into custody in a beer-shop, in Church-street, Bethnal-green, on Sunday the 12th or 13th.

BENJAMIN BEVIS . I am a parochial constable. I produce a certificate of Howard's former conviction(read)I had him in custody on the charge, and was present at the trialhe is the person who was then convicted.

HOWARD GUILTY . Aged 19.

ELLIOTT GUILTY . Aged 22.

EDY GUILTY . Aged 19.

Transported for Fifteen Years.

Before Mr. Sergeant Arabin.