John Smith, (commonly called Half-Hang'd Smith proceedingsdefend ) was indicted for a Misdemeanour in breaking and entering the Warehouse of Thomas and William Loveday proceedingsvictim proceedingsvictim proceedingsvictim , with an Intent to Steal the Goods in the said Warehouse , on the 12th of September last. James Haines < no role > deposed, that as he was beating his Rounds in Mincing-Lane between Four and Five in the Morning aforesaid, he saw a Light in the Prosecutor's Warehouse, and the Prisoner come out of it; whereupon he followed him, and struck up his Heels; and that 8 Picklock Keys, a Tinder-Box, Flint, Steel, &c. were found upon him. The Constable confirmed the finding the Picklock Keys, Tinder-Box, etc. upon the Prisoner. Thomas Curtis < no role > deposed, that he lockt the Warehouse safe over Night, both stocklock and Padlock, and in the Morning found it open. The Prisoner denied the Fact; and called James White < no role > to discredit the Evidence of James Haines < no role > ; but he deposed that he knew neither Good nor hurt of him. He also called some to his own Reputation, who deposed they knew no ill of him but the Fact bring fully proved, and he being known to be a Notorious Offender, the Jury found him Guilty . Fined 40 Marks , to suffer 3 Years Imprisonment , and to find security for his good behaviour for 3 Years after .