751. THOMAS BURDETT proceedingsdefend This name instance is in set 1535. This set is in the group(s): GarrowsClients . was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Archer proceedingsvictim , on the 24th day of June last, and burglariously stealing therein four hundred yards of black sattinet, value 13 l. one hundred and forty yards of black callimanco, value 3 l. one hundred and twenty yards of bombazeen, value 12 l. and ninety yards of black dureen, value 12 l. and thirty yards of fine sattinet, value 3 l. his property ; and SAMUEL PHILLIPS proceedingsdefend This name instance is in set 1536. This set is in the group(s): GarrowsClients . was indicted for feloniously receiving, on the 25th day of June last, one hundred and twenty yards of black bombazeen, value 12 l. and ninety yards of black dureen, value 12 l. and thirty yards of fine sattinet, value 3 l. part and parcel of the said goods, well knowing the same to have been stolen .

THOMAS ARCHER < no role > sworn.

I am a calenderer and dresser , my house was broke open some time last month; I went to bed between eleven and twelve, I left none of my family up but the man that lays over the shop, I saw all my doors and windows secured when I went to bed; I was called up about three, or rather before, by two watchmen, I went to the watch-house and there was some goods there; there were seventeen pieces taken out of twenty-two; there was a bruise on the outside door of the house, and the inner lock of the staple broke; the outside door was wrenched open, and the inner door forced open. I lost six pieces, two bombazeens, one sattinet, and three dureens; I saw them the evening before, they were kept in a warehouse on purpose.

Mr. Garrow, Prisoner Phillip's Council. Is this warehouse any part of your dwelling house? - Yes, my servants lodge over it, my apprentices.

How do they get to their lodging rooms? - Through the warehouse.

- PEARCE sworn.

I apprehended the prisoner Burdett on the 24th of June, about one in the morning, I saw three men lurking about Moorfields along the stones, about one hundred yards from the prosecutor's house; I went to them with the watchman, there was a large puddle of water separated us, and the prisoner Burdett was one of the three men; and he says to his companions, come this way, and the others answered no; he then waded through the water or mud, ancle deep, to come across to me, I said, who are you, but I received no answer, and the other two men ran off, and Burdett, in a saultering tongue and trembling every limb, uttered that he lived in Grub-street; I took him to the watch-house.

Did you find any thing about him? - No; I then went in pursuit of a cart which I heard coming, I stopped it, the driver damned me, and began to hit me over the arms and legs, I called the watchman, and the cart drove off.

Court. Did you find any of these things? - No, the watchman found them.

John Robinson < no role > , the watchman, confirmed the evidence of Pearce, as to taking Burdett, and stopping the cart, and about three o'clock found three bundles of stuff, and a dark lanthorn upon the stones in Moorfields, and saw another man pick up two crows.

Robert Sainsbury < no role > saw Burdett in the watch-house, and searched Phillips's house, but found nothing.

JAMES CAPELL < no role > sworn.

I am a watchman, I saw a cart stop facing Moor Place, and the prisoner Burdett talking to the driver.

Court. There is not the least evidence against the prisoners.

BOTH NOT GUILTY .

Court to Burdett. Your conduct has been very suspicious indeed, and you have had a very narrow escape because the evidence was defective, I hope you will take care and amend your conduct.

Tried by the second Middlesex Jury before Mr. Justice HEATH.