QUARTER SESSIONS, 4 JULY 1851 - part 2 ........... HOUSEBREAKING - JAMES GILBERT, 25, was indicted for breaking and entering the dwelling house of William ROBINS, of Kenwyn, and stealing a silver watch, his property. Mr. J. B. COLLINS conducted the prosecution, and Mr. STOKES defended the prisoner. [some testimony 'clipped'] -ANN ROBINS, wife of prosecutor, testified on the morning of the 29th of November last, she left home about half-past eight; her mother ELIZABETH CLEMO and her little boy remained in the house. Before leaving, she saw the watch in her bed-room, and all the windows and doors were locked. When she returned about seven in the evening, she noticed the parlour window was broken; went through house to see if anything was missing, and saw watch was gone. The next day, she went to Truro to ask about the watch, and went to the house of MR. SKYRME, in Kenwyn-street; there saw HENRY ROSSITER and mentioned the loss of the watch, and described it. Mr. Rossiter produced a watch, the same as she had lost the previous day. She left the watch in Rossiter's father' shop; he is a watchmaker. Some weeks after, she received the watch from Rossiter's father, and gave it to policeman FITZSIMMONS. -ELIZABETH CLEMO, an aged woman, said she went out to escort her grandson to school; she was absent about a quarter of an hour; when she returned, found the parlour window had been put down; the window was broken, and the mark of a man's foot on the table; she also saw a screw was out. She went up stairs, but was too hurried to look about to see if anyone was there. Cross-examined: the house is some way from the public road; she thought they could make the nearest neighbour hear by calling from their house. -ANN MANUEL, lives near the house of prosecutor. On the morning of the 29th of November about nine o'clock, the prisoner was at witness's house offering writing paper, steel pens, and envelopes for sale. Cross-examined: She was sure prisoner was the man who offered the things for sale; had not seen him since, but knew him by his features, not by his dress. -HENRY ROSSITER, watchmaker at Truro, resided at Probus in November last. On the afternoon of the 29th of November, prisoner came to witness's house, and offered him paper and envelopes for sale. He took a watch from his pocket and asked what witness would charge to repair it. Witness told him the charge would be more than the value of the watch; he then asked witness to buy it, and asked six shillings for it. Witness gave him five shillings for the watch, and went next day to Mr Skyrme's shop to have a new face put in the watch; whilst there Mrs. Robins came in and mentioned her loss and described the watch correctly. He then showed her the watch, and she identified it. Prisoner, when he sold witness the watch, showed his name on the corner of his box, "GILBERT, St. Austell". -WALTER ROSSITER, watchmaker at Truro, father of last witness, said he received a watch from him in November last, which in about six weeks afterwards he gave over to Ann Robins. -JAMES FITZSIMMONS, policeman, received the watch from Ann Robins on the 19th of May; had previously apprehended the prisoner; received information of the robbery in November last; prosecutor lives about eight miles and a half from Probus. Mr. STOKES then addressed the jury for the prisoner. The Chairman then summed up, and the jury found the prisoner Guilty of breaking and entering, and stealing. A prior conviction for felony in 1850 was proved against the prisoner, who then went by the name of JAMES ROWSE. There was another indictment against the prisoner (which was not proceeded with), charging him with stealing on the 12th of May, in the parish of Kea, a purse containing two sovereigns, twelve shillings, two gold rings, and a gold pin and chain, the property of THOMAS HORNBROOK. Transported for seven years. ........... MARY JANE GEORGE, 17, who had been servant to JAMES HILL, of the parish of Mevagissey, pleaded Guilty of having stolen twelve pounds, the property of her master, from a dwelling house, on the night of the 4th of May last. Four Months' hard labour. ......... RICHARD BENNEY was charged with stealing a horse collar, the property of WILLIAM TREBILCOCK, a farmer of St. Columb Major. Mr. G. COLLINS for the prosecution, and Mr. STOKES for the prisoner. It appeared from the evidence that on Monday the 19th of May, prosecutor lent his grey mare to another farmer, Mr. JOHN SMART; and with her harness, including a new collar. On the following evening, shortly before six o'clock, farmer Smart having finished with the mare, turned her out in the lane, with the harness about her, to go home to her master's, intending to follow her, but which some circumstance prevented him from doing. A man called BALL saw the mare near Trekenning Fourturnings, and a little further on, on the Bodmin road, he met the prisoner driving a donkey cart, having nothing in his hand or in the cart. Another witness, JOHNANNA KARKEEK, afterwards saw the donkey and cart in a positon across the road, and no person with the donkey; five or six yards from the turning, she then saw Richard Benney running across the road with a collar in his hand, and afterwards she saw the mare without a collar. JANE TREBILCOCK, prosecutor's daughter, next met prisoner with his donkey-cart going towards her father's house, and he had then nothing in his hand; she afterwards saw the mare without a collar. POLICEMAN COOMB deposed to statements prisoner made to him; prisoner denied that he stole the collar. Mr. Stokes addressed the jury in behalf of the prisoner, representing that the collar seen in prisoner's possession was not proved to have been the collar that was on the mare. He also called to speak to prisoner's good character, MR. WILLIAM HAWKE, of Mawgan; but this witness was cross-examined by Mr. Collins, who asked him if he had never heard that prisoner had been convicted of stealing straw. Witness said he had never heard of it, but he had been at times absent from the neighbourhood. Verdict Guilty. Three Months' hard labour. ......... PRISCILLA MURTON, 14, was charged with stealing from the person of MARY PEARCE, two shillings and a purse with steel beads, the property of THOMAS PEARCE, of St. Enoder. Mary Pearce deposed she was at Truro, in the shop of MR. H. ANDREWS, draper, on the 24th of May. She had a purse containing two shillings in the pocket of her dress when she went in. Five minutes later, she missed her purse; saw prisoner at door when she went in. -ELIZABETH ANN PEARCE, daughter of last witness, remained in the doorway of Mr. Andrews's shop; saw prisoner go in close to her mother's side, then immediately leave. There were many persons in the shop at the same time; it was market day. -ELIZABETH BASSETT was in Mr. JOB's shop on the same afternoon, about half-past four; had four and sixpence taken from her pocket; did not know by whom. -CATHERINE BARTLETT, wife of the prison-keeper at Truro, searched prisoner when taken into custody; found in her pocket six shillings and a sixpenny piece, and one penny. Prisoner said it was her aunt's money; that there was a fortune-teller coming in, and her aunt gave the money to her to take care of it; she said the penny was given her to buy lace. JOSEPH WARD, policeman, received the money from Mrs. Bartlett. -PRISCILLA PENTECOST, aunt of prisoner, said prisoner's father and prisoner lived with her. On the afternoon of the 24th of May, she gave prisoner half a crown and told her what to do with it; she had also a penny to buy lace; did not give her six shillings and sixpence, or say any thing about a fortune-teller. -The CHAIRMAN, in summing up, said the evidence was certainly of a meager description, as affecting the prisoner. The young woman who saw her go in by the side of her mother did not know that she did anything. The object of Mrs. Bassett's evidence being introduced into the case was to show that the two sums lost by the parties would amount to the sum found on the prisoner; it appeared, however, that half a crown had been given to her by Priscilla Pentecost. He thought it was a case in which the jury might fairly entertain considerable doubts, and if so, the prisoner was entitled to the benefit of these doubts. Verdict, Not Guilty. The Chairman cautioned the prisoner, telling her to let this be a warning to her; she was very young and had a narrow escape. The Court then rose.