George Downing proceedingsdefend and William Downing proceedingsdefend , of St. Martin's in the Fields , were indicted, the former for feloniously stealing a Tin Box, value 1 d. two Gold Thimbles, value 26 s. ten Gold Rings, value 3 l. an Emerald Ring, value 4l. a Gold Chain, value 8 l. two Pieces of Rock Gold, value 7 l. and ten Guineas the Property of Thomas Wilson proceedingsvictim , in the Dwelling-House of Sarah Sutcliff < no role > , the 29th of January last, and the latter as an Accessory after the Fact, in receiving the said Goods, knowing them to be stolen .

Mr. Wilson depos'd, That the Prisoner, George Downing < no role > , was his Servant , and the Scriptore in which the Things were, was broken, and the Goods gone; that he suspecting the Prisoner, took him up, and he was carried to the Round-House, but he not being able to prove that the Prisoner had taken them, he was admitted to Bail, and spoke to Mr. Barker, a Goldsmith, in Lombard-Street, to advertise them according to the Custom of the Trade, the Things being pretty remarkable; the Rings being made some of them in Guinea; and some of them in Brazil; and offering 10 l. Reward for the whole, and proportionable for any part; that on the 9th of February, Mr. Barker told him, that one Jasper Robins < no role > had been with him, and said, that if he would give him the Reward, he believ'd he could direct him to recover his Goods; that some time pass'd, and the Goods not being produc'd, and receiving an Account that the Prisoner had them, he took him up the second time; that thereupon William Downing < no role > came to him, and ask'd him, why he took his Brother up again? That he answering him, he had receiv'd Information that his Brother had taken them, and had Reason to believe they were in his ( William Downing < no role > 's) Custody; he desir'd him to deliver them up, but he deny'd that he knew any thing of them, and pretended to go and speaks to his Brother George about them; that afterwards George being charg'd positively with having taken them, fell down on his Knees, and acknowledg'd the Fact, and desir'd a Pen, Ink , and Paper, and wrote six or seven Lines , but what it was he did not know; and when his Brother William came, he gave it to him, who reading it, immediately tore it in Pieces , upon which, he, the Prosecutor telling him, that his tearing the Note, confirm'd the Suspicion upon him, after taxing him more some , he at last confess'd that he had had the Things, but could not help him to them, for he had dropped them in Hemming's Row , which he said he did to avoid the Shame, he having never been guilty of any such thing before ; that thereupon he ( this Evidence ) sent to inquire in Hemming's Row, and had Intelligence, that such a Tin Box had been taken up by a Servant Maid < no role > , which was brought the next Day by the said Maid, who had five Guineas for her Reward, there not being all the Things lost, in it.

Jasper Robins < no role > depos'd, That he had had several Meetings with the Prisoner, George Downing < no role > , and had several times discourse with him about a Partnership in Trade; that the Prisoner offer'd to advance 50 l. in order to a Partnership with him, in dealing in Cutlery Ware; that he told him (this Evidence) that indeed he had it not in Money, but it was in Gold, and that was as good; that they met sometimes in Gracechurch-Street, and sometimes in Suffolk-Street, that he going to meet him about the beginning of February, at a Publick House in Suffolk-Street, and there being some Persons there, he heard them talk of the Prisoner's having been taken up upon Suspicion of his taking Mr. Wilson's Goods; that upon this, he went to Mr. Langton's , a Goldsmith, in Lombard-Street, and desired him to let him see his File of Advertisements, which he permitted him to take; and he carried it to George Downing, who acknowledg'd that he had those Goods, telling him, that it was all Gold, and so was as good as Money; but that he never saw any of the Things till after he had been taken up the second time. That then he went to Mr. Barker's, a Goldsmith, to whom the Advertisement directed, and gave him an Account of what Intimation he had receiv'd, that going to the Prisoner from time to time, with design to get some of them of him, in order to carry on the Partnership propos'd , he put him off from time to time, sometimes promising to let him have a Diamond Ring, and sometimes Gold, saying, his Brother had them in keeping, who was at Up-Park, he being a Servant to the Earl of Tankerville ; the Matter rested for about a Fortnight, but seeing that he could make nothing of the Design of getting any of the Things into his Hands, he acquainted Mr. Barker, and he was taken up a second time; that then George sent for his Brother William, who protested he was an utter Stranger to the Matter, knew nothing at all of it, said, that he was sorry his Brother should do such a scandalous Action, but that he would go and consult his Brother; and when he came back, he said, he had had the Things, but had flung them in Hemming's Row, and the Reason he gave for doing so, was, because his Brother having committed it, he was willing to conceal it; that the Things were advertised, and the next Morning the Tin Box and Things were brought by a Servant Maid.

Mr. Barker depos'd, That the Prosecutor having desired him to get an Advertisement printed, according to the Custom of the Trade, he did, and thereupon received the Information from Jasper Robins, as before depos'd, and by that Discovery, the Prisoners were apprehended, and part of the Goods recover'd, as has before been related, and that he paid Susan Baker < no role > , who brought the Goods, the next Morning, five Guineas.

Susan Baker < no role > depos'd, That she took up the Tin Box, and Rings, and other of the Things mentioned in the Indictment, in Hemming's Row, and carry'd them to Mr. Barker, and he gave her the five Guineas according to the Advertisement.

James Ward < no role > , the Constable, confirm'd the Confession of both the Prisoners, as before depos'd, at the time of their being apprehended.

The Prisoners call'd some Persons to their Reputation, which gave them an honest Character till the time of the Commission of this Fact; but the Fact being plainly prov'd, the Jury found George Downing guilty of the Indictment. Death . And William also as an Accessory after the Fact .

[William Downing: Branding. See summary.]