363. (M.) David Jones proceedingsdefend was indictment that he on the 23d of April, 1751 , between the hours of one and two in the night of the same day the dwelling-house of David Paul proceedingsvictim did break and enter,60 china cups, val. 20 s. 4 china saucers, one Bow china tea pot, one earthen tea-pot, two pickle dishes made of earthen ware, five fish-plates made of earthen ware, one earthen fish strainer, one shew glass, and other things did steal, take, and carry away . +

This robbery was committed in company with William Hatton < no role > , oherwise Forrester. See his Trial No. 374, in alderman Cockayne's mayoralty.

David Paul < no role > . I live joining to the Swan brewhouse gate, White-chape l, I am a taylor by trade, but my wife keeps an earthen ware and china shop , which she has kept about eight years. On the 23d of April , 1751, the watchman called me up between one and two o'clock, and when I came down the shutters were all broke to pieces, one pane of glass was broke, and one shutter lay in the middle of the channel, I shut the shop up myself, and am sure it was shut up fast. The bolt and keys were so the next morning. I missed the things mentioned in the indictment, (he produces a Bow china tea-pot ) and this tea-pot was one that I lost at that time. There was a woman came and gave information, whom I stopp'd and carried before Sir Samuel Gower < no role > , I cannot swear that the prisoner did it.

Q. How large was the pane of glass that was broke?

Paul. I believe it would let me in.

Q. from the prisoner. Do you know any thing of me?

Paul. No, I know nothing of him, but I believe he is the man by circumstances.

Elizabeth Hall. I have known the prisoner at the bar these two years.

Q. Did you know Hatton and Hall?

Hall. Yes.

Q. Did you know any thing of the china ?

Hall. Yes, Hatten, Hall, and Jones brought a bag, like a coal sack, with earthen ware and china in it, in April, 1751, they brought the goods to one Mrs. Titchbourne's in the Back Lane.

Q. What were the particular things ?

Hall. There was five earthen fish plates, two brown stone plates, and a great many tea cups and saucers, and a great many broke.

Q. When they brought these things to this place, how did they say they came by them?

Hall. George Hall said he broke open a house in White-chapel, the prisoner at the bar gave me six-pence to carry the china to one Mrs. Roach's in Gravel-Lane, Bishopsgate-street.

Q. Did the prisoner say where he had them?

Hall. No, he said nothing to me where he had them.

Q. Was the prisoner there when Hall said he broke open the house in White-chapel?

Hall. Yes, he was, they were all three together.

Q. How did they say they got into the house?

Hall. They said they broke the window shutter.

Q. Do you know any thing of that tea-pot.

Hall. Yes, this tea pot had never a lid when they brought it.

Q. How do you know this is the pot?

Hall. I know it by the roughness of the spout, one Sarah Merrit < no role > and I carried them, and had sixpence a-piece.

Q. from the prisoner to Hall. Did I ever give you any money?

Hall. He himself gave it me, it was a crooked six-pence, before he gave me things to carry.

Sarah Merrit < no role > . I knew Hatton and Hall, and the prisoner at the bar, I have known them four or five years; but the other two I knew but about two or three months by seeing them about the place where they liv'd.

Q. How long ago is that?

Merrit. I don't know, I think, as near as I can guess, last April was two years, I saw them both in company together, and the prisoner with them.

Q. Upon what occasion did you see them all three?

Merrit. They were in a publick house drinking when I came in, and asked me to sit down and drink: We had not been long there before David Jones < no role > came in, they asked him if he had been picking pockets; he said, d - n your blood, yes. Then I heard them make a bargain to go out together, and Elizabeth Hall asked me to lay with her, which I did; about two or three in the morning somebody knock'd at the door, there were David Jones < no role > , Hatton and Hall, Jones had got the bag with the china in it, and Hall had got a bag of pumps. In the morning, as soon as ever we were up, they asked me and Elizabeth Hall to carry them into Gravel Lane, Hall ask'd if I would go, I said I could carry nothing on my head, so I got a person to carry for me, and went with them. Jones went for Minous and Scampy, two Jews, with whom they bargained to sell these things, I heard George Hall say, he asked twenty-seven shillings, and Scampy and Minous bid them but twenty-three, so they could not agree: Then they carried the things into Rag-Fair, where they heard that this Forrester was going to make himself an evidence, and directly George Hall sent me to James Brabrook < no role > This name instance is in set 35820. to come and take them up.

Abraham Miers < no role > . I knew Hatton, Hall, and the prisoner at the bar; I have known the prisoner about 14 years, and Hatton and Hall about two years and a half: the china was brought to one Mrs. Roach's house to be sold to me and the Jews, they ask'd thirty-six shillings, and there was 22 bid, they parted for a crown, but don't know what became of them afterwards, this was about two years ago last April.

Q. Did you hear Jones, Hall and Hatton say from whence they had these goods.

Miers. No, I never asked them where they had them.

Prisoner's Defence.

Miers < no role > was only taken by these thief-takers to come and swear my life away for the reward, nothing else, Acq. but detained to be tried on another indictment .