5. (M.) Joseph Derbin proceedingsdefend This name instance is in set 3651. was indicted for stealing four cloth coats, value 6 l. three cloth waistcoats, value 20 s. one flannel waistcoat, value 7 s. one velvet waistcoat, value 10 s. one pair of velvet breeches, value 5 s. and one cloaths brush, value 1 s. the property of Robert Whike proceedingsvictim , in the dwelling house of Robert Bogie , Aug. 7 . +

Robert Whike < no role > . I did lodge in St. Martin's Lane , at the house of Robert Bogie < no role > when the robbery was committed; I went out about nine in the morning on the 7th of Aug. and when I returned about half an hour after ten in the evening, I missed the things mentioned in the indictment.

Q. Did you lock your door when you went out?

Whike. I did.

Q. Did the prisoner live in the house?

Whike. No, I never saw him before he was taken up. This being on the Saturday, I advertised them on the Monday. I heard nothing of them till the 11th of Nov. then I saw an advertisement in the paper of a gentleman that had been robbed in Cannon Street, and for people that had been robbed, to apply to the house of the prisoner, there being a great many goods found in his possession: I went there, it was in Denmark Street, Radcliffe-highway, he was then in custody, there I found one of my suits of cloaths, two waistcoats, and a cloaths brush, (produced in Court and deposed to.) I charged the prisoner with taking them, but he denied it.

John Graiden < no role > . I am constable, I had a search warrant to go to search the prisoner's house on the 11th of Nov.

Q. Where do you live?

Graiden. I live in Radcliff-highway; I had several warrants came before that; I knew the prisoner resided there; he was at this time in custody; I was at the finding these things there, which the prosecutor has sworn to.

Elizabeth Bogie < no role > . I made Mr. Whike's bed at five o'clock the afternoon the things were missing.

Q. Did you see the cloaths and brush there?

E. Bogie. I did not take notice of them then, after I had done I lock'd the door, and went down.

Q. How did you find the door when you went up?

E. Bogie. I found it lock'd, and I left it so.

Q. Do you know the prisoner?

E. Bogie. I never saw him to my knowledge before to day.

Prisoner's Defence.

I am innocent of the affair; I know nothing of the charge exhibited against me. I am a person who deals in household goods; I bought these things; I never saw no more of them that what are here now.

Acquitted .

(M.) He was a second time indicted for stealing one linnen gown, value 10 s. one muslin apron, value 3 s. one linnen apron, value 6 d. one pair of linnen sleeves, value 2 s. one linnen napkin, value 6 d. three silver tea spoons, value 5 s. one pair of silver buckles, value 7 s. one lawn ruffle, two linnen caps, one muslin handkerchief, and four muslin caps , the property of Elizabeth Jennings proceedingsvictim , widow . Oct. 17 . +

Elizabeth Jennings < no role > . I live in Bedford-court, Covent-garden ; I lost these things mentioned in the indictment, (mentioning them all by name,) about the 17th or 18th of Oct. It was on a Sunday afternoon from out of my lodgings. I went out that day, just as Covent-garden church began that afternoon, and I returned just as it was over. All the things were in the room when I went out; I lock'd the door, and took the key with me.

Q. What room is yours?

E. Jennings. It is a two pair of stairs room.

Q. Are there any other lodgers in the house?

E. Jennings. There are two other people in the house; I went upon the advertisement to look over the goods in the prisoner's house. There I found a handkerchief, the odd ruffle, a muslin cap, and other caps, my property.

Q. Did you know the prisoner before?

E. Jennings. I never saw him in my life till after I lost the things.

Prisoner. I imagine from her discourse them stairs were free for any body to go up.

James Cockburn < no role > . I was put into the prisoner's house by order of Sir John Fielding < no role > . I know these things were found in that house, (producing the goods mentioned by the prosecutrix to be found there,) depos'd to by the prosecutrix.

Prisoner's Defence.

I am innocent of the affair. I am a dealer, and have been for three or four years. Rosemary-lane is next a-kin to a market. I thought it was as f ree a place for me to lay out my money, as it was for other persons. I have been represented in the news papers, as such a bad man, that my friends thought me entirely lost; thinking that must be true which every body said. So I have no body to give me a character.

Acquitted .

(M.) He was a third time indicted for stealing one camblet gown, value 10 s. two pair of muslin ruffles, value 5 s. one muslin handkerchief, value 2 s. one pair of linnen sleeves, value 1 s. three linnen sheets, value 6 s. and one china mug, value 2 s. the property of Jane Stopforth proceedingsvictim , spinster , Sept. 7 . ~

Jane Stopforth < no role > . I live in Round-court, St. Martin's-lane . Those things were all taken from a one pair of stairs backwards, my property. I had left the key in the door, and gone down into a shop, and in the mean time they were taken away; this was on the 7th of Sept. About six weeks after, a particular acquaintance told me there was a china mug at the house of the prisoner; I went and found my mug there which I had lost, (producing one) this is it.

Mary Selby < no role > . I saw the prisoner at the bar go up to the prosecutrix's door, up two pair of stairs, about twelve o'clock that very day the things were missing. I live in the same house; I was coming out of my own room at the same time; I went down, and did not stay above a quarter of an hour, but I was going up again, and met him coming down the stairs again.

Q. Had he any thing with him?

M. Selby. No, he had not then.

Q. Are you sure it was the Prisoner?

M. Selby. I am, after that I went out of an errand, and met him again, coming down a court called Thackham's-court, with a white bag folded or roll'd up under his arm. I might stay at the chandler's shop about five minutes; by that time St. Martin's clock struck two; I was about going up stairs, and saw him again up about seven stairs; he came down with a long white bag, in his hand, full of things; I call'd to the people in the shop below to know if they knew any thing of that man; they said, what man? I said, that man with a bag in his hand. He then turn'd and look'd at me; then he went towards Round-court, and I never saw him after till before Justice Fielding.

Q. How far was he off when you shew'd him to the people?

Selby. By the time they were got out of the shop he was got ten yards or more; he threw the bag over his shoulder and walked on.

Q. Who were the people in the shop you call'd to?

Selby. They were only women.

Q. Did you pursue him?

Selby. No, we did not; I had no notion of his being a thief, he was so well dressed; I ran up to see if any thing was lost, and when I came down he was quite gone. I went to Sir John Fielding's, when the prisoner was there, and told him the same I have now. I am certain the prisoner is the man, I saw him four times that day.

Prisoner. I have got another mug here, the fellow to that mug: I buy and sell china, but I have not that here.

Q. to prosecutrix. Are you certain this china mug is yours?

Prosecutrix. I am. I know it by a spot near the edge: it is a new mug.

Prisoner's Defence.

I have used that mug above a hundred times; it is possible a chip or mark may be upon another as well as on her mug; that mug I bought and paid for honestly, and have a quantity by me, I dealt in china these two years last past.

Guilty . T .

(L.) He was a fourth time indicted, for that he, on the 17th of October, about the hour of three in the afternoon, the dwelling-house of William Lewis < no role > did break and enter, no person being therein, and stealing one flowered cotton gown, value 16 s. two dimity bed-gowns, value 3 s. one cotton bed-gown, two linnen aprons, two pieces purple and white cotton, one striped linnen apron, one cheque apron, two table-cloaths, one sheet, one shirt, two shifts, two handkerchiefs, one pillowbier, two diaper clouts, twelve small pieces of linnen cloath, one stripe linnen waistcoat, one black sattin capuchine, one pair of woman's shoes, one pair of worsted stockings, one pair of cotton stockings, one pair of scissars, one deal box with mettle pocket-pieces, buckles and buttons in it, and 7 s. and 10 d. numbered, the property of the said William, in his dwelling-house . ~. At the request of the prisoner the witnesses were examined apart.

William Lewis < no role > . I live in Bell-court, Cannon-street, near Abb-church-lane; I have three rooms, part of a house there; the doors come all out into one entry.

Q. How many tenements is the house divided into?

Lewis. Into three or four; it is a large house. On Sunday the 17th of October, I was invited to dine with a mistress that I have done business for a great many years; we lock'd up our doors very safe about half an hour after 12, and I and my wife went out.

Q. Were any body left in the house?

Lewis. There were other people in the house below stairs; my rooms are all upon the second floor; we return'd in the evening about 6 o'clock; I opened the door of the kitchen, and went in and struck a light; my wife went to go into the best room to undress herself; she call'd to and said the door was open; our three room doors come separate into the passage; we found our drawers, which had been lock'd were empty, very possible the room door might be open'd with a false key; but the drawers were broke open, the wood-work of them were cut away with a chissel or knife: I set the things down that we missed, and had them advertised the next day, there were a flower'd cotton gown, an apron of the same, two white dimity bed-gowns, a purple and white bed-gown, three white aprons, one cheque apron, two table cloaths, one sheet, one shirt cut out for making, one shift cut out; one Irish linnen apron, two handkerchiefs, one pillowbier, two diaper clouts, twelve small pieces of linnen cloath, six small pieces of purple and white cotton, one striped linnen waistcoat, one black sattin capuchine, a pair of woman's shoes, a pair of worsted stockings, a pair of white cotton stockings, a pair of scissars, a deal box with mettle pocket-pieces, buckles and buttons in it, a king William and queen Mary's half-crown, and 5 s. and 4 d. in other money. Mr. Francis happened to see the advertisement at the coffee-house, he came to me and said, I understand you have been robbed: I said I had; he said, as he past the end of our court last Sunday, he saw a man that he knew to be a rogue lurking about; he knowing the prisoner had been in custody in the new-goal, Southwark, went with me to Mr. Strange the turnkey, and described the prisoner, and said it was a man tried at Croydon, for stealing a watch in the parish of Christ-church, Surry. Mr. Strange took the book, and said that was Jos. Derbin, and that he often came to a little house near St. George's church. I then went and got a warrant from Sir Charles Asgill < no role > This name instance is in set 4365. , and had it back'd by justice Dawson in the Borough, and left it with Mr. Strange, and that day three weeks the prisoner was taken; the next morning I went to his house with a search-warrant, and found some small pieces of silver money, part of the 5 s. and 4 d. and a of mettle chain silver'd over, and a small silver stopper to a smelling-bottle: these we found in a chest that was lock'd, we found some other things that my wife can give the best account of. (Produced in Court) I know this piece of chain and silver stopper are my property. I had had them some years.

Prisoner. I have got the smelling bottle that that stopper belongs to producing one.

Q. Was there any bottle to the stopper, when it was taken away?

Prosecutor. No; there was not.

His Lordship tried the bottle and stopper together: the hole appeared a great deal too big for the stopper. The bottle return'd to the Prisoner again.

John Francis < no role > . I remember seeing the prisoner at the bar near the prosecutor's house on the 17th of Oct, near three in the afternoon; he stood idling about as if he did not care which way to go; I said to my friend with me, I know that man to be a very bad man; upon reading the advertisement two days after, I call'd upon the prosecutor, and told him my suspicion, and that he might be found out by inquiring at the New-Goal, by which means he was taken up.

Q. Was you present before Justice Fielding when the prisoner was examined?

Francis. I was there, the prosecutor swore to these things he has here; the prisoner denied the fact.

Q. from prisoner. How near Bell-court did you see me, or which way did I direct my course?

Francis. He came down to the corner of Abchurch-lane, and directed his course across Cannon-street. When I first saw him, he was within three-doors of Bell-court, he was loitering about.

Q. from prisoner. I should be glad to know what you mean by loitering about?

Francis. He came down at an easy pace, and when he came to the corner, he turn'd about and look'd round him, divers times, in such a careless manner, which I call loitering.

John Graiden < no role > produced some ribbons, a pair of buckles, a piece of cotton, and a chip box.

Prosecutor. This chip box is a very remarkable one, with writing on the lid. This is the box my buckles, buttons, and other small things, were in; when we came to the prisoner's house his child was playing with this box.

Eliz. Lewis. I am wife to the prosecutor; all these things produced are my property (She takes a piece of flower'd cotton in her hand.) This is part of the same piece of my gown I have on. I know these buckles to be mine. I mentioned the tongue of one coming through before I saw them; they are mourning buckles. Here are two topknots, a breast knot, and an odd piece of ribbon. I know them to be mine, these small pieces of silver money, I have no doubt but they are mine; the piece of chain and bottle stopper are mine; here is a handkerchief that we found in the prisoner's drawer is mine; here is our eyelet hole for a mark on it. (The jury inspects the box.)

John Graiden < no role > . I am beadle of the parish of St. George, Middlesex: I assisted in the searching the prisoner's house on the 8th of Nov. I open'd the chest in the back chamber, where I found the things produced.

Mary Cooper < no role > . I live in the same house where the prosecutor does. I was standing at the door, when such a sized man as the prisoner came. Just before sermon was done, a little after three o'clock that Sunday; he came by me with a large bundle from above stairs; it was in a strip'd cotton handkerchief: I said nothing to him; I saw only one side of his check, he turn'd his back to me and went by me,

Q. Had you heard any noise above before that?

M. Cooper. No, I had not; I live below stairs.

Q. How was that man drest?

M. Cooper. He was in a blue surtout coat.

Q. to Francis. How was the prisoner drest when you saw him?

Francis. He was in a blue surtout coat.

Prisoner's Defence.

This is a malicious prosecution: they propos'd to me to make up the affair, and said it would be chargeable, and attended with bad consequences: I said I was a stranger to it, and could give them no answer; I am as innocent as any person in court. My child has a coat of the same as she swears to, it has been in wear some time; I dare say there is more printed of that pattern than she ever saw; I bought the bottle and stopper, and bit of chain with other goods; they go by the character of trinkets. I have dealt with most of the principal auctioneers in town for such goods. Some of that small money I have had 14 or 16 years; there is one piece was given to my child at the birth, about four years ago. My friends said I was got into the hands of such bad people, they were foath to come into court, but their wills was good. This is done for nothing but the reward in case they can get it.

(The Jury desired to see the bottle to try the stopper in it, but the Prisoner refused letting them see it.

Guilty.

Guilty of Felony only . T .

( See him tried before, No. 93. in Sir Mathew Blackiston < no role > 's mayoralty, and No. 159. in Sir Samuel Fludyer < no role > 's. He was also convicted at Croydon assizes, and branded, Aug. 3, 1761, for stealing a silver watch, the property of Thomas Hooper < no role > , of Christ-Church, Surrey.)