proceedingsdefend and Thomas Rivers proceedingsdefend , of St. Botolph's Aldgate , were indicted for burglariously breaking the House of Nicholas Fenwick proceedingsvictim , Esq ; and stealing divers Pieces of Plate to the Value of 85 l. 19 s. Holland Shirts, value 20 l. and other Goods of the said Nicholas Fenwick < no role > , Esq; the 8th of September last.

Mr. Fenwick depos'd, That on the 7th of September last, at Night, his House was made fast, the Door lock'd, &c. and about Two o'Clock in the Morning his Wife waked him, telling him, she heard a Noise or Bustling, in the House; that he listened for some time, but not hearing any Noise he went to Sleep again; that in the Morning his Servant John Trotman < no role > told him that the House had been Robb'd, that going to the Beaufet , and the Corner-Cupboard, he found the Plate was taken away, that going into a Back-Parlour, which they seldom went into, he found the Window open; but observing it, and perceiving no force to have been used to open it, he guess'd it must be done by some of his own Family, he suspected his Footman, and one of his Maids, but enquiring among their Friends, found them honest People, and having no Proof against them, they were not committed to Prison, but permitted to stay in his House. And having advertis'd his Plate, he had Intelligence where some of it was, and finding that it had been pawn'd by Thomas Rivers < no role > , he got a Warrant, and searching his Lodging, found a Letter sent by C - J - directed, To Thomas Rivers < no role > , Glover, in Guy's-Court, in Vinegar-Yard, in Drury-Lane, in which were these Words.

Dear Tom,

Let me see you at Seven o'Clock to Morrow Morning, at the Postern-Spring , Tower-Hill, be sure.

C - J -

That there was a Bundle of the Linen found in Rivers's Lodging , and the Plate in a Box at the White-Horse-Inn in Fleet-Street, by the Information of John Girst < no role > ; that Rivers had one of his. (the Prosecutor's) Shirts on his Back when he was apprehended.

Charles Burket < no role > depos'd, The Shirt was taken off of Rivers's Back at the Justice's House, and that John Girst < no role > had another of the Prosecutor's Shirts on when he was taken; and that some of the Prosecutor's Lace was taken out of Rivers's Breeches.

Henry Grub < no role > , the Pawn-Broker, depos'd, That on Tuesday, the 8th of September, Rivers brought him 56 Ounces of Plate about 1 or 2 o'Clock, and he let him have 13 l. upon it; that he sent to enquire of his Landlord and Landlady, that the Prisoner told him he kept a Wine Vault; that upon the Advertisement he got a Warrant to apprehend him.

John Girst < no role > depos'd, That on Friday in the Afternoon, before the Robbery was committed, a Letter came directed to Thomas Rivers < no role > from the Prisoner to meet him; that he opened the Letter, and read it to him; that the Prisoner went, and came back by Noon, and said it was a very handsome House; that he afterwards went with Rivers to meet C - in East-Smithfield, that there was a Candle brought, and he refus'd it; that they having drank there, went away, and stood and talk'd at the Corner of a Street, and C - said to Rivers, he must bring some Body with him, and Rivers ask'd C - whether he should bring him (this Evidence) with him? he reply'd, That he might as well bring him as any Body else; that this was on Sunday in the Evening, that he and Rivers (both Lodging in the same House) went to the Prosecutor's House on the Tuesday Morning following about Two o'Clock, and there they found the Prisoner standing in his Shirt with the Door a jarr, peeping out, that they went in, that C - opened the Door of the Beaufet , and there was a Candle burning in a Silver Candlestick, and C - took out the Plate, and set it on the Carpet on a Table, and then went and fetch'd out the Napkins and Linen out of the Buroe, and the Lady's Lac'd Head; and serch'd the Tea Equipage, and 2 Silver Canisters , and Rivers bundled them up; he and Rivers carried the Goods to Rivers's Lodging in Guys-Court in Vinegar-Yard, at Mr. Williams's, a Chairman, and Rivers having pawn'd some of the Plate, they went out of Town the next Morning to Oxford, carrying the Plate thither, but came to Town again on the Saturday, and brought it back, and left it in a Box at the Inn in Fleet-Street.

Sarah Williams < no role > depos'd, That C - came to her House about the Middle of the Day on Tuesday the 8th of September, to ask for Rivers, and ask'd, if himself could have a Lodging in her House?

Nathaniel Brown < no role > depos'd, that Rivers brought a Silver Cup, shree Castors, &c. and he would not take them in without a Character .

John Holland < no role > depos'd, That the Sunday before the Robbery, the Prisoners and Girst came to her House; that C - came about 6 o'Clock, to ask, if two Men had not been to enquire for him, and about an Hour after Rivers and Girst came, and C - came again, and she brought them a Candle , and C - refus'd to have it.

The Fact being plainly prov'd, the Jury found Rivers Guilty of the Indictment. Death . But as to C - , they brought their Verdict in Special .