407, 408, 409. (M.) John Tinsey proceedingsdefend , John Gibson proceedingsdefend , and William Mackaway proceedingsdefend , were indicted for breaking into the dwelling-house of Joseph Sunshine proceedingsvictim , on the 8th of July , about the hour of one in the night, and stealing twenty-six linen shirts, four napkins, nine aprons, four sheets, a table-cloth, four stocks, and a handkerchief, the property of the said Joseph, in his dwelling house . *

Joseph Sunshine < no role > . I live in Whitechapel , am a sugar-baker , and work out, so was not at home when my house was broke open.

Mary Sunshine < no role > . I am wife to the prosecutor, I take in washing, I left my wash-house safe, which is under-ground; this was July the 9th in the morning, between one and two when I went to bed: it was a very slight fastening to the window-shutter, there is no glass, only a shutter and a bar; my garden is even with the window, the wash-house is under my dwelling-house, we have two ways to go into it, out of the yard and out of the house; I left fifty shirts and shifts, and a great quantity of large linen in it; I got up about seven, and went into the wash house, the back-door was fast as I left it, the window shutter was taken off, there was no hinges to it, we put it up and take it down; the bar was taken away, we did not find that for three days after, we found it at the bottom of the garden; I found twenty shirts and shifts lost; I missed thirty shirts and eight aprons, two laced caps, a child's jam, four damask napkins, four sheets, three or four stocks, two or three table-cloths, and one handkerchief; I had just washed them. I had them cried about Whitechapel parish; there came a person and told me she had heard Patt Robinson (a woman) was seen with a bundle of things in Prescot-street; I went with Mr. Brebrook to her, after that we had some reason to suspect the prisoners; that day fortnight Gibson and Tinsey were taken, they said they had sold them to a Jew before the Justices, the other was taken a week after the evidence; a Jew came and surrendered, we went and searched his apartment, but found nothing; nine days after that Mackaway was taken, he said he knew nothing of the breaking my place, but the other two met him with the bundle by Whitechapel-bars; he went with them, and Tinsey delivered this bundle to a girl, and then brought him to my place, and brought another bundle away; upon this he, the evidence, brought nine shirts, two pair of stockings, a towel, a white apron, and four sheets, they were part of the goods taken out of my wash-house; I met with a shirt also that was sold (as I was informed) for a shilling; I never recovered any more of my things.

Abraham Teracona < no role > . The 9th of July, in the morning, John Gibson < no role > and Mackaway came to my house a little after three o'clock, they threw some soft mud up to the window as a token; they used to come sometimes later and sometimes sooner, I used to buy things of them; I opened the window, John Gibson < no role > took thirteen shirts from round his waist, and a white apron, and threw them in at the cellar window; they were all wet, and were fresh wringed out; Mackaway came up stairs, then he went down with me into my cellar to fetch them up, then I agreed with them, and gave them thirty shillings for them; I asked them where they got them from, they said from Goodman's-fields; I asked if they had broke any place open, they said no; I asked how they came by them, they said Tinsey showed them the place where to get them out of the washer-woman's house; I desired Gibson to go and look for Tinsey, he went and could not find him; he said he knew where to find all the linen. I went with him to Nightingale-lane, he went into a house there, and brought out seven shirts, and delivered them to me; I agreed with him for them, unknown to Mackaway, for fourteen shillings; about nine o'clock the same morning, Tinsey came running up my stairs, and said, where is my share; said Gibson, what can we give you out of fifteen shillings; Mackaway was there at the time; then he said, if you do not give me a share I will go and stag, I understood the word (that is, turn evidence;) Mackaway was going to strike him, they were going to fight, then they gave him a shilling each; I then asked him if he had any thing, he said he had at a house, but was afraid to fetch them; then Gibson said he would go with him, and he borrowed Mackaway's waistcoat to alter his dress; then they went to White-chapel; they brought me two pair of sheets, two pair of stockings, an apron, a towel, which I gave them seven shillings for; I asked him how he got these things; he said he watched the washer-woman from one to almost two o'clock, cross a wall; when he thought she was in bed, he broke her cellar window open; he said Gibson and Mackaway were not with him at the time; he said there were only two lowd women, and two little boys at the time with him: when this information was made against me, I went and surrendered myself, and took one of the little boys, upon which Mackaway was found out; (the goods found, produced, and deposed to.)

Anne Chadey < no role > . Mrs. Sunshine washes for me, here are three sheets and one apron of mine (taking them in her hand.)

Tinsey's defence.

I know nothing of it.

Gibson's defence.

I was not at the breaking the house, I am eighteen years of age.

Mackaway's defence.

I am eighteen years of age, I was coming along Whitechapel, they asked me to go along with them, I would not for a long while, and at last I did.

Michael Carey < no role > . I know Mackaway, I never heard any harm of him before this time.

Henry Bolter < no role > . I have known him from a child, I never heard any ill of him before this affair.

Tinsey Guilty . Death .

Gibson and Mackaway Guilty of felony only . T .