322, 323, 324. (M.) John Adwell , otherwise Jack Above-ground proceedingsdefend , and Edward Madin proceedingsdefend , were indicted for that they, in company with George Whitfield < no role > , not taken, on the 29th of May , about the hour of 2 in the night, the dwelling-house of Henry Fisher proceedingsvictim and William Surgeon proceedingsvictim , did break and enter, and stealing one perriwig, value 1 s. the property of the said Henry, and one perriwig, value 1 s. the property of William Surgeon < no role > , and 4 dozen of worsted stockings, val. 3 l. the property of Henry Fisher < no role > and Wm Surgeon < no role > ; and Charlotte Barker proceedingsdefend , for receiving the same well knowing them to have been stolen . +

Henry Fisher < no role > . My son-in-law William Surgeon < no role > and I are partners, we live at the house called the Round-about-house, near Wellclose-square , it joins to the watch-house. I lie in the country for the benefit of the air; coming home on the 30th of May, between 7 and 8 in the morning, I found a hole broke through the brick-wall, so that a person might get in through it, my son and the rest of the family lay in the house; we keep a stocking-wareho use; when we came to examine, we missed 3 or 4 dozen of stockings, a wig of mine, and another of my son's; the stockings were taken out of the parlour. I enquired of the constable, where the watchmen were? he told me they had been drinking and quarelling all night; on the Tuesday following I was told the thieves were in goal, and the wigs found; I went and saw the three prisoners in the Court-house, in Well-close-square; the woman at the bar said she found the wigs at the end of Denmark-street; we took them before the Justice, and swore to the wigs, and they were committed.

William Surgeon < no role > . I am partner with my father-in-law. I heard an uncommon noise just before I went to bed, about 11 o'clock, I went and looked about, expecting to find a shutter down; we went to bed, and in the morning I got up between 5 and 6, I found a hole broke about a foot from the ground, and the stockings that were in the holes were pulled out, my wig, and my father's wig were missing, and some other things that were not in the indictment; what quantity of stockings I cannot tell, our people think there may be four or six dozen missing.

John < no role > M'Kenzie. John Adwell < no role > , otherwise Jack Above-ground, Whitfield, Madin, and I, went all out about 10 in the night, on the 29th of May, from Jack Above-ground < no role > 's house in New Gravel-lane; we went along Ratcliff-highway, going along we saw the Hercules-Club, the window was a little way up. I went and lifted it a little higher, and Jack Above-ground < no role > took out a tankard, and a burnt-in china punch-bowl, and other things; we were coming home about 12, Jack had an iron nail, that might weight about 3 lb. he ran to the wall of the prosecutor's house, and took out some of the bricks before the gentleman was in bed; we saw the light in the chamber, and heard the gentleman reading, Jack broke in through the wainscot, and handed out the 2 wigs before he went in; he got hold of a candlestick, with a piece of candle in it, and got upon Maddin shoulder, and lighted it at a lamp, then he went in and brought a band-box, with 2 or 3 laced caps in it, he brought out 4 dozen of stockings; we went a-cross a garden, and as soon as Charlotte Barker < no role > saw us, she got up and looked at the stockings. I asked her if there was a pair that fitted me? she said they were all women's stockings, and all purple. On the Monday they sold the things, as they told me when I came on shore; at night Whitfield gave me half a guinea, and I gave Jack 6 d. ten shillings was my share. I lay all that night upon three chairs at Charlotte's house, and on Tuesday those gentlemen came and took Madin and Jack-above-ground and Charlotte Barker < no role > out of the house, they did not know me nor Whitfield, they let us go; in about a fortnight after I was taken at my aunt's in New Gravel-lane.

James Murray < no role > , James Brebrook < no role > This name instance is in set 3582. , Thomas Mariot < no role > , and Thomas Kendal < no role > deposed to the taking the three prisoners. That they went to Jack-above-ground's house about 7 in the morning, on the Tuesday, and found the three prisoners and another woman all in one bed; that they let Whitfield and M'Kenzie go; the wigs were found in a little place over the chimney piece; that Jack would have been evidence if they would clear Barker, but the Justice would not admit him.

Adwell and Madin Guilty of stealing only . T .

Barker Acquitted .

325. (M.) Edward Madin was a second time indicted for that he on the 4th of March , about the hour of one in the night, the dwelling-house of James Anderson proceedingsvictim did break and enter, and stealing one brass tobacco box, val. 1 s. twelve silver tea-spoons, one silver cup, val. 30 s. four pair of silver shoe-buckles, a gold necklace, five gold rings, two silver table spoons, twelve silk handkerchiefs, six shirts, six shifts, and a handkerchief , the property of James Anderson < no role > . *

Mrs. Anderson. My husband's name is James. On the 4th of March I called the maid up as usual at 6 in the morning; she went down stairs, and in less than a minute came up again; I found, by her speaking to my daughter, my house was broke open; I got up and went down, and found a desk was taken away from off the counter that we used to keep money and plate in, and a parcel of cloaths from off a table, linnen aprons, new cloaths, handkerchiefs, and different sorts of things in our way of business, we are pawnbrokers; I missed the till also from under the counter, and a closet was stripped of other goods; most of my loss was in money. On the 10th of March I advertized several things, after I had got the marks from the owners; about a month after that we were beset by eight boys and two men about 11 o'clock one night, Swift that was executed last was one of them. After that I heard that James Grief < no role > was taken up, I went to the tower goal, and asked him if he was any way concerned in robbing me? he said, no, but he believed he knew them that did; he mentioned Great Sam, and Jack-above-ground, and others, I did not hear him mention Madin; after the last sessions he came to me and said he believed there was some of my blankets at Jack-above-ground's; I said I was not particular as to them, but there was one thing that was very particular, which was in the desk when taken away, that was a copper tobacco-box with a brass top and bottom with harlequins upon it; he hesitated a little, and said he believed he had seen that box in Bridewell, in Ned Madin < no role > 's hand. He went and brought it (produced in court) the next morning, I went to the turnkey of Bridewell, the keeper came to Justice Scott's, and swore to seeing it in Madin's hand, but he is sick and not here. After Madin was taken I went to him at the Tower goal, I asked him how he came by that box? he said it was given him by a young man that is gone to sea; he said the same before the bench of Justices. Jack-above-ground, after taken, made discovery of my robbery; this prisoner was always stubborn.

Prisoner. Jack-above-ground is the very person that gave me the box.

Acquitted .