594, 595, 596, 597, 598. (M.) Henry Dixon proceedingsdefend , together with Solomon Wood < no role > , not in custody, Thomas Burrell proceedingsdefend , Elizabeth Barton, proceedingsdefend and Mary Johnson proceedingsdefend , were indicted, the first for breaking and entering the dwelling-house of James Wood < no role > , on the 2d of Sept . about the hour of two in the night, and stealing two silver tea spoons, value 10 s. a tea chest, and two cannisters, value 10 s. 2 cloth great coats, value 18 s. a pair of silk breeches, value 2 l. 2 s. a light coloured cloth waistcoat, value 15 s. a brass inkstand and pen-knife, value 1 s. two sattin cloaks, value 1 l. 10 s. a piece of sattin cloak, value 2 s. a callico quilted petticoat, value 20 s. two white dimity petticoats, value 8 s. nine linen shirts, value 2 l. 2 s. eight linen shifts, value 1 l. 4 s. three muslin border'd handkerchiefs, value 10 s. a large damask table cloth, value 20 s. a claper table cloth, value 4 s. an Irish cloth-table cloth, value 1 s. three linen aprons, value 3 s. one flounce muslin apron, value 5 s. a pair of book muslin ruffles, value 3 s. seven pair of worsted stockings, value 7 s. a red and white cotton gown, value 5 s. two linen pillow cases, two shirts, four caps, value 4 s. a pair of linen sleeves, value 1 s. one red and white lawn handkerchief, value 2 s. one pair of scissars, with a brass book, value 2 s. and a brown linen apron, value 2 s. the property of the said James in his dwelling-house ; and Thomas Burrell < no role > and Elizabeth Barton < no role > for receiving two linen shirts, two linen pillow cases, one white sattin cloak, and one worsted stocking , and Mary Johnson < no role > for receiving two white dimity petticoats, and one pair of scissars, with a brass book, being part of the said goods, well knowing them to have been stolen . ++

James Wood proceedingsvictim . I am a watch maker . I live in Normond street, St. Luke's . My house was broke open on Sunday night the 2d instant; when I got up about six in the morning, I found my kitchen window broke open; it fastens with an iron bar; the shutter was tore off from the hinges, and the bar was broke in two. I was the last person up at night, and saw that the window was fast; all the things mentioned in the indictment were stolen out of the kitchen; it was washing time, and all the linen was wet; I suspected Herbert < no role > the evidence to be concerned; I search'd after him; he came to my house; he said that he heard I suspected him, and he came to clear himself. I told him I did suspect him: he said then he would go to Justice Girdler immediately, and turn evidence; he went and surrendered himself, and was admitted an evidence. I went to see Dixon in the Compter, who was taken up on suspicion of another robbery; he had a pair of my silk stocking breeches on, one of my shirts, a pair of stockings, and a linen apron. I went to get an order from an alderman, to take Dixon before Justice Girdler; when I went back again to the Compter, he had changed my cloaths, by the direction of the accomplice Herbert. We searched Burrell's house in Coleman's Alley, Bunhill-row; he gave me the key of his box; there I found two shirts, two pillow cases, a piece of sattin cloak, and a single stocking. Burrell and Barton lived together as man and wife; they were both present. I search'd Mary Johnson's lodgings in Henry-street, Old-street, on Friday; she was there at the time; I found there two dimity petticoats, and the scissars, with the brass hook; we found them in a cupboard with a great many lumbering things upon them.

Cross Examination.

Q. Did Burrell give you any account how he came by these things?

Wood. Burrell said that Dixon gave them to him. Barton said before the Justice that Harry gave them to her. The Justice asked her who Harry was; she said she should know him if she saw him; there were 20 or 30 people in the room; she was bid to point him out, which she did.

Elizabeth Kaddy < no role > . I am a servant to Mr. Wood. I got up first the morning after the robbery; I found the window thrown up, and the window shutters flung upon one side, and the chairs were all lying upon the floor.

Joseph Herbert < no role > . Last Sunday was a fortnight, Henry Dixon < no role > , Solomon Wood < no role > , and I, were drinking at the sign of the Crow, in Crow Alley, Whitecross street; we agreed to go and break some house open; we did not six upon any particular house; we walk'd about till about 12 o'clock; we went into the street behind St. Luke's; I sat down on a step and dozed; Dixon went by, I got up and went on; I came up to Wood, at the corner of Normond-street; I asked Wood where Dixon was; he told me he was down in the area; he bid me stand where I was; in a short time he came out of the area, and sent Solomon Wood < no role > down; he had been down but a little while before he put his back against the area, and his feet against the window, and broke the bar; I stood very near, and heard it; then they shut the window shutters to, and pulled down the sash, and we waited about watching the watchmen till two o'clock. When the watchman went by, we struck a light at the corner of Normond-street, and went in. I had the flint and steel, and one of them carried the tinder. I can't say which. Dixon and Wood went in. They put up the goods, and then they blowed the candle out, and came out. Wood and I took a bundle a-piece, and Dixon carried the tea-chest, which, before we had got far, we threw away. We took the bundles to Mary Johnson's lodgings. I pushed open the door; the lock was very slight, and in a little time we awaked her; and when we awaked her, she was frightned. The street-door is left open, and her's is the first room. She desired we would take the things away. We told her, we would not go till five o'clock in the morning. She went to work between five and six next morning. We left the things in the room till dark; then we went and fetched them away. Two petticoats dropt out; I kicked them under the bed.

Court. This story may be true. - I desire you will tell me the truth, the whole truth. You are not to say any thing that is false to screen any body; it will be dangerous for you to tell me any thing that is false. You say she went out between five and six to work?

Herbert. Yes, I left the things there and came back again at night.

Q. What time?

Herbert. About nine o'clock.

Q. Was she at home then?

Herbert. No; she was just by the end of the street.

Q. How came you to leave them?

Herbert. They dropt out of a pillow-case, and I kicked them under the bed; I would not stay to pick them up. We carried two of the bundles and threw them over into Mr. Burrell's yard. I did not see any body there to receive them. I saw Henry Dixon < no role > the next day about three o'clock in the afternoon. He said, he had sold the things for fourteen shillings, and gave me four shillings and six-pence of the money.

Q. Did you cohabit with either of these women?

Herbert. No; not at the present time.

Q. You knew the way to Johnson's lodgings?

Herbert. I had not been with her a good while; I had been ill in the workhouse.

Q. When did you see Johnson again after the evening you took away the things?

Herbert. I did not see her for a day afterwards; I believe I did not go to her lodgings after I fetched the things away.

Q. When did you first see her afterwards?

Herbert. I saw her pass by the top of Whitecross-street once; I did not speak to her to have any conversation with her.

Q. Had you no conversation with her?

Herbert. I had no conversation with her after the time I put the petticoats into the cupboard, after I carried the things away.

Q. You told me just now, that you had no conversation with her after that; did you stay all night?

Herbert. I fell asleep in the chair; I was in liquor. I got up about four in the morning, and came away.

Q. Then you took the two dimity petticoats from under the bed?

Herbert. Yes; and threw them into the cupboard among the foul things.

Q. And she saw nothing of the matter?

Herbert. No.

Q. Give the jury a reason why you put these petticoats into the cupboard.

Herbert. With intent to fetch them away. I was afraid of Dixon's turning evidence, and I went to the prosecutor; I told him that I had these petticoats.

Q. Did you tell him you put them there?

Herbert. I did not do that. I told him I had them under my own care. We went to the Crow and had a pot of beer directly, and he gave me the four shillings and six pence; that was Tuesday. We parted then, and I saw them no more till taken. Wood was with them at the same time.

John Jones < no role > I searched Burrell's house. We found two shirts and a stocking in the chest; and inside a bureau bedstead, which was turned up, we found a piece of a sattin cloak and two pillow cases went upon a line in the yard. (Producing them)

John Hall. I went to Johnson's lodgings, and found these two dimity petticoats and a pair of scissars (producing them.) She gave them us out of a closet.

Q. What account did she give of them?

Hall. She said they were left there.

Q. By whom?

Hall. I don't remember whether she mentioned by whom. She went into the closet, and fetched them out.

Herbert. I sent word by Mr. Wood's apprentice where they were.

Anthony Wicks. I am Mr. Wood's apprentice. The accomplice told me that Mary Johnson < no role > had them in her custody; I don't remember she told me the place; I think not.

Francis Fadey < no role > . I was present when these things were found.

Q. Did you or any of you know where to look for the things?

Fadey. No.

Q. Had you any information where they were concealed?

Fadey. No.

Q. to the Prosecutor. Have you ever found the things that Dixon had upon him?

Prosecutor. No; I can swear that the things produced are my property.

Dixon's Defence.

I had two of this accomplice's companions taken up about two years ago; he came to me, and said, what makes you do such a blackguard action as that? and he said he would make me suffer for it. Last Tuesday se'ennight he said, do you intend to appear against these two chaps? he swore I should not, and punched my face; I lick'd him well; he swore he would have my life, and he had me taken up; I had the same things upon me then as I have now, excepting the apron, and that they took from me one night when I was asleep. I had none of his things on at all.

Burrell's Defence.

I went to Kingston, to fetch Elizabeth Barton; we came back about eight or nine at night; I went to bed about half after ten, and she too: she got up first in the morning, which is uncommon, and went into the yard; the yard is common to other people as well as me. She called out and said, here are some dirty things in the yard; I bid her bring them in; I did not know what they were, they were so dirty; there were these two shirts; the stocking was clean, the pillow cases were dirty, they were dirty with street mud; she wash'd them next day; these two shirts were dry first; I put them by, and said if any body owns them, they shall have them; they hung upon the line; when the prosecutor came on Thursday, I said he had the most right to them, and I made no objection to their taking them.

Barton made the same defence as Burrell.

Benjamin Bird < no role > . I have known Burrell and Barton some years; I work'd journeywork with him; he always behaved well, and bore a good character.

Richard Powell < no role > . I have known Burrell and Barton above 12 years. They have a very good character. I live just by them.

William Daintry < no role > . I have known Barton six or seven years, and Burrell between two and three; they have both a very good character.

Edward Stark < no role > . I have known Barton four years. She is as honest a woman as ever lived.

Joseph Goodall < no role > . I live in Whitecross-street; three men offered to bring the things to my house, that were found at Burrell's; they asked me to let them be in my master's shop till morning; I let them put them in my master's shop; they had four bags; I asked them what they had in them, they said cloaths; I went into a publick house afterwards, and from something that I heard, I was afraid they were stolen goods, and I insisted upon their taking them away.

Johnson's Defence.

It was just before the young man came to ask me to deliver the things up I had been into the closet, and saw the two petticoats; I was frightened; I could not think how they came there; when the man came, I did in my fright deny them.

- Hall. I am a watch shagreen-case-market. I have known Johnson seven or eight years; she always bore a good character; she went out a ironing.

Q. Is she not a common woman of the town?

Hall. I never heard any such thing.

Thomas Davis < no role > . I have known Johnson < no role > a year and half; I never heard any thing amiss of her.

Jane Davis < no role > . I have employed her; I never saw any thing dishonest by her.

Ann Blau < no role > . I have known her three years. I never heard of any thing dishonest by her.

Elizabeth Bathurst < no role > . I have known her from her birth. I never heard or knew any thing amiss of her.

Dixon guilty . Death .

Burrell, Barton, and Johnson acquitted .