William Courtney proceedingsdefend of St. Giles in the Fields , was indicted for breaking and entering the Dwelling House of James Fillet proceedingsvictim on the 9th of September last in the Night-time, and taking thence a silver Chain, 4 Ounces of Gold Dust, 2 Hand Vices, a Rule, &c. to the value of 30 s. the Goods of Nicholas and Peter Ellis proceedingsvictim . He was Second time indicted for breaking and entering the House of Samuel Else proceedingsvictim on the 5th of September last in the Night time, and taking thence an Instrument called a Bassoon , the Goods of the said Samuel Else. Nicholas Ellis proceedingsvictim deposed that a square of Glass being out of his Sash it was pasted over with Paper, which was broke and the Sash lifted up and the Goods gone: that Mr. Woodward the Constable came and told him of the Prisoner, and he went before the Justice and swore to his Goods. Mr. Woodward deposed, that the Prisoner and John Higgins < no role > stole a pair of shoes, and Higgins going to sell them was stopt; whereupon he made himself an Evidence and discover'd the Prisoner: that he (this Evidence) took the Prisoner and found the Goods mentioned in both Indictments upon him, which he produced in Court, and they were swore to by the Prosecutors. Mr. Jakeman deposed, that he bought the Hand-vices, and verily believed the Prisoner was the Person that sold them to him, but could not be positive. John Higgins < no role > deposed, that as the Prisoner and himself were drinking at a Brandy-Shop, the Prisoner askt him to go out with him; that they went to Mr. Ellis's, the Prisoner helpt him over the Wall, he (this Evidence) broke the Paper of the Sash, went in and took what he thought fit, and the Prisoner sold them. That the Prisoner, one Buxon and himself committed the other Fact; that the Prisoner and himself went to the Window whilst Buxon stood at some distance, and if any Body came he was to give notice by crying Tommy; that turning the Pin, the Key fell out, and they took down the Bar, broke the Glass, and took the Instrument out; but being disturbed could get nothing else Samuel Else deposed, that his Glass was broke and that he lost the Instrument and a Leaden Inkhorn, that he was sent for to the Justice and owned his Goods. The Prisoner denied the Fact, and said, that Higgins made him drunk with Geneva, and gave him the Goods to sell. The Prisoner called several to his Reputation, who deposed, that his Father and Mother were very honest, as was the Prisoner formerly, but had lately fallen into ill company. The Jury found him Guilty Death .