429. + Edward Young proceedingsdefend , of St. Vedast Foster-Lane , was indicted for breaking and entering the dwelling house of Thomas Burn proceedingsvictim in the day time, no person being therein, and stealing twenty two pewter plates, value 6 s. his property , August 20 .

- Burn. My band is sexton of Foster-Lane Church , I live in Dove-Court in Gutter-Lane , I went to church the 20th of August about six in the evening, and double locked my door, and at seven when prayers were over I returned home, but could not open the door, and found that something was the matter with the lock. I looked through the key hole and saw two men in the house, one of them was dressed in grey, the Prisoner is the other. They presently opened the door and rushed out of the house. I laid hold of the Prisoner by the breast of the coat and said, Sir, you shall tell me how you got into the house, for I have the key in my hand; the Prisoner got from me and run away. I went to the end of the court and cried stop thief! He fell down flat upon his breast in the lane, and got up again; the neighbours run after him and he was taken. - There was nobody in the house - The doors and windows were all secured when I went out, and when I came home the door was either locked or bolted on the inside.

Q. Was there any thing broke?

Burn. When I came in I found there had been a cupboard door broke open.

Q. How did the Prisoner get in?

Burn. He had two keys in his pocket, one of them unlocked the door as well as my own: when I came into the kitchen I saw there were twenty two plates which had been taken off the shelf, but they had not carried them off.

Prisoner. The door was open, there was neither lock, key, not bolt.

Sarah Nabbs < no role > . I live in the same court, my mother came home a little before seven o'clock in the evening, and could not open the door: she said, dear heart, I don't know what's the matter with the door, I can't get in; presently the door was opened, and the Prisoner and another man in grey brushed out; said I, mother, let us endeavour to take these people, for the man in grey came a little while ago to enquire for ready furnished lodgings, and I believe they are upon an ill design. - I said hold of the man in grey by the shirt collar, and my mother laid hold of the Prisoner but they got away: the Prisoner fell down at the corner of Gold-Street and went through the Half Moon Tavern passage: I cried, stop thief! and his coat caught hold of the hook of a door, and he was taken. They said, as he run along, he cried an arrest. - The Prisoner is one of the men who was in the house.

William Rogers < no role > . On the 20th of August I was charged with the Prisoner, and found these two keys in his pocket, one is a picklock key; the other, which is not a picklock, opened Mr. Burn's door very easily.

John Cook < no role > . I happened to see this fellow at the Justice's, and as soon as I saw him I knew him; he has the reputation of being a gambler and keeps a bawdy house.

Prisoner. Pray ask Mr. Burn whether he did not offer to make the thing up for a guinea?

Burn . How can you have the impudence to say so, I never offered any such thing.

Prisoner. I can prove where I was at that time, I had been at Mr. Stepples's at the Fountain in Cheapside, and went afterwards to the Horseshoe in Blowbladder-Street , with one who is in Court, who told me there was an action against me at the suit of one in Bread-Street for rent; there are a great many gentlemen here who I am sure know me. - I am an Upholsterer and Broker , and deal in the old way - The person who was along with me is run away.

Richard Lease < no role > . I have nothing to say for or against the Prisoner, only that I met him one evening about six o'clock to the best of my remembrance. - I believe it was the 20th of August, but I am not sure it was. - I told him there was an action of debt against him for rent; he desired I would go into the Horseshoe alehouse, and not talk of it in the street: we went in and he called for a tankard of beer, then a tall young man came in that the Prisoner called Captain, and he said let us be going for we shall be too late; if we don't go now we shall lose it: the Prisoner said, go by yourself, he went away, and in a little time returned, and then they both went away together.

George Lucas < no role > . I have known the Prisoner about 10 years, I am a Plaisterer and he is an Upholsterer, I have worked with him several times both in town and country, and never heard but that he was an honest man. - I don't know any thing to the contrary, but that he got his living honestly by his business.

Elizabeth Buckley < no role > . I have known the Prisoner six or seven years, he is an Upholsterer, he worked with me when I was a servant, and he had worked for me since I have been a wife, I never k any harm of him before.

Margaret Kempton < no role > . I have known him five years. - I am servant to one Mrs. Large a widow, he removed our furniture into Oxenden-street , I never heard any other but that he was a just honest young man, and my mistress has recommended him by his good behaviour to several other people.

Catharine Tiffin < no role > . I have known him a great many years, I knew him when he was an apprentice, and never heard any thing amiss of him. Guilty 4 s. 10 d.

[Transportation. See summary.]