David Aubert proceedingsdefend , of St. George Hanover-Square , was indicted for burglariously breaking the House of Francis Fox proceedingsvictim , in the Night time, and feloniously stealing a Silver Tea-Kettle and Lamp, value 30 l. two Silver Candlesticks, value 7l. a Silver Cup and Cover, value 10 l. three Castors, fourteen Forks, six Tea-Spoons, and other Plate, a Pair of Pistols, value 5 l. the Property of Charles Ecklin proceedingsvictim , Esq ; on the 4th of March last.

The Prosecutor depos'd, That about Seven o'Clock in the Morning, on the Day laid in the Indictment, his Butler came up, and told him, the House had been broken, and the Plate stolen, that he found the Pantry Window, which was under Ground, had been opened, the Bar taken out, and the Plate, some of which was there, and the rest on the first Floor had been stolen; that the Prisoner had been his Servant about a Year, or fourteen Months before, and he being suspected, the Plate was found in the Prisoner's Lodging.

The Prisoner's Confession before the Justice was produced in Court, and read, wherein he confess'd, that on Wednesday the 4th of March, he went to Mr. Ecklin's , opened the Pantry Window, took out the Bar, put the Plate into a Bag, that he carried for that purpose, carried it to his his own Lodging, and did design to have gone beyond Sea. The Plate was produc'd in Court, tho' most of it broken to Pieces; but it was plainly prov'd to be the Prosecutor's, by his Coat of Arms, or Crest , being Engraven on it.

He call'd two Gentlemen to his Reputation, with whom he had liv'd as a Servant, who gave him the Character of a very honest Servant while he had liv'd with them, and that he was a Swiss by Nation; but the Fact being plainly prov'd, the Jury found him guilty . Death .