1, 2. James Brothwick proceedingsdefend and David Brothwick proceedingsdefend were indicted for stealing a Linen Bag, 8 Portugal Pieces of Gold, value 28 l. 16 s. 1 Portugal Piece of Gold, value 6 l. 15 s. two Portugal Pieces of Gold, value 3 l. 12 s. one Portugal Piece of Gold, 4 s. 6 d. a Spanish Pistole, 17 s. 6 d. 12 Moidores, 2 Quarter Moidores, 5 Broad Pieces, a half Broad Piece, 44 Guineas, and a double Guinea, the Goods and Money of Thomas and Richard Jeffries proceedingsvictim proceedingsvictim proceedingsvictim ; and a Pair of Pistols, val. 42 s. 3 Gold Rings, a Snuff box, and a Whip, the Goods of Thomas Jeffries < no role > ; a Silver Watch, the Goods of David Bell proceedingsvictim ; and a Pair of Pistols, val. 4 l. 4 s. the Goods of Charles Pickfoot proceedingsvictim , in the House of Thomas and Richard Jeffries < no role > , in the Parish of St. Sepulchres , July 19 .

Thomas Jeffries < no role > . My Brother and I are Partners in Trade in our House on Snow-hill , the Prisoner James was my Book-keeper , and David is his Brother. I took James into my Service on the 7th of January last, but about the end of June meeting with another Book keeper, who I thought was sitter for my Business, I gave James warning, and he was to leave my Service that Day I was robb'd, which was Wednesday the 19th of July. I had left in a Bag 119 l. 19 s. and a bad Guinea in my Desk, besides a Snuff-Box, a Silver Watch, 2 Pair of Pistols, and 3 Gold Rings, and in my Parlour a Silver-hilted Sword. I saw them in those Places on Tuesday in the Afternoon, and when I came down Stairs next Morning, my Desk was broke open, the Money and Goods were gone, and the Prisoner James not to be found. I presently got Advertisements printed, and sent a Friend Post towards Harwich in pursuit of the Prisoners. My Friend left Advertisements at several Places as he rode along, by which means the Prisoners were taken at Chelmsford.

William Swai < no role > . One of Mr. Joshua's Advertisements being left at my Shop in Burst-wood, as soon as I had read it, I recollected that I had seen such a Man as was therein described, and another with him, pass by my Shop the same Morning. I took 2 of my Journeymen, and followed them to Brilerecay, which is 5 Miles. We heard such Men had been there, but could not meet with them, though I searched all the Alehouses in the Town; we pursued them to Chelmsford, and at the Cock and Coach there we found them early next Morning. I read over the Advertisement to them, and bid James hold up his Head (for they both held their Heads down) that I might see if he answer'd the Description; then I told him that I believed he was the Person, he said that he was the Man that was Guilty of the Fact, and wished that he had never done it. We found upwards of 110 l. and a Brace of Pistols upon him, and another Brace of Pistols upon his Brother David, and this broken Silver-hilted Sword was taken out of a Bundle which David had in his Custody.

Prisoner J. B. When you first came in was the Bundle in any Body's Hands, or was it lying on the Table, you or not?

Swain. It was in David's Lap, or under his Arm as he sat, and the Sword was taken out when we were before the Justice.

J. B. was the Sword then in the same Situation [Condition - was the Blade broken] as it is now? Swain. Yes. J. B. Were the Pistols loaded? Swain. No Mr. Jeffries. This Sword was whole when I saw it last in the Parlour.

Joseph Smith < no role > . My Master, Mr. Swain, took me with him to pursue the Prisoners. Hearing at Billericay that they were gone forward, we took Horses at Midnight, and followed them to Chelmsford, where we found 'em next Morning. When they saw us, they hung down their Heads; says my Master to James, Hold up your Head, that I may see if you answer the Description in the Advertisement, I am afraid that you are the Men; yes, answer'd James, I am be indeed, and I wish I was not. I saw about 110 l. taken from James, and a Watch and a Snuff-box and 3 Gold Rings. When Mr. Jeffries came down, he asked James why he took the Pistols? And James said, We were resolutely bent to lose our Lives rather than to be taken.

J. B. No, I said the Pistols and Sword were taken not with a Design to hurt any Body, but only to strike Terror.

D. E. Was not the Bundle from whence the Sword as taken lying on the Table when you came in?

Smith. No, I think you had the Bundle under your Arm.

Swain. I and Smith went in together, David then had the bundle, I think it lay on his Lap, with his Arm on it thus -

J. B. It lay on the Table, but when we were going before the Justice, they bid my Brother take it up and carry it, which he did, and so it came to be under his Arm.

Francis nut, Constable. On Thursday the 20th of July, about 6 in the Morning. Mr. Swain, a Periwig maker of Burntwood, came to me with an Advertisement, and told me, that he had heard the Prisoners were at the Cock and Coach. I took Assistance, and went in first ; I looked in at the Door a Minute, and saw they were buying 2 Whips of a Sadler, and they said they had hired two Horse for Colchester. I told James I was come to take him up for robbing his Master, a Hair Merchant, on Snow-Hill. The Neighbours said, Take care, he has put Pistols. I demanded the Pistols, and he let me take them quietly, and seemed to be very much surprized; says I, if you are not the Person you need not be afraid, for you can come to no harm; I wish I was not, says he, but to show you that I am, I have all the Effects, and will produce them. Then he pulled out a handful of Gold, and some other things, the particulars of which I wrote down for my own Security ; there were eight Pieces of Foreign Gold of 3 l. 12 s. each, I piece of 5 Moidores, 2 pieces of 36 s. each, 1 double Guinea, 12 Moidores, and 45 Guineas.

Mr. Jeffries. One of those Guineas was not good.

J. Smith. 1 Spanish Pistole, 5 Broad Pieces of 23. each, half a Broad Piece of 11 s. 6 d. 2 Quarter Moidores, 3 Bank-Notes, 1 for 100 l. 1 for 50 l. and 1 for 40 l.

Mr. Jeffries. I did not put those Notes in the Indictment.

F. Smith. 1 Silver Watch, 1 Silver Snuff-Box with a spotted Shell, 3 Mourning Gold Rings, 1 pair of Pistols; and all these Things he said were the Property of his Master Jeffries. My Assistant took another Pair of Pistols from David.

Court. Who had the Bundle ?

F. Smith. I can't say, it was either in David's Lap, or lay by him.

D. B. Did not you order me to take the Bundle and carry it before the Justice?

F. Smith. I don't remember that I did.

Nathaniel Stock < no role > . I assisted to take them; they seemed much concerned. When I went in first the Bundle was on David's Knees, but he preseurly laid it on the Table. I saw the Money and Goods taken from James, and a pair of Pistols from David.

Court. You hear the Charge, Prisoners; What have you to say in your Defence?

J. B. < no role > 'Tis easy, my Lord, for a Man who knows his own Innocence to find Words to defend himself; but how difficult a Task is this for one who, like me, is loaded with Guilt? One who is sensible of having committed a Crime of so high a Nature against two kind and generous Masters. Yet I hope there are some Circumstances of Alleviation to be found. I will appeal to my Master himself, if I have not, during the time I have been in his Service, behaved myself with Honesty and Integrity in all Thing, except in this one unhappy Instance. 'Tis not possible to declare with what a Compulsion on my own Mind I committed this Fact, and what Strugglings I felt in my Soul before I was overcome and yielded to the Temptation. My Master having told me, that he had provided himself with another Book-keeper, I applied to the Honourable John Drummond < no role > , by whose Means I was recommended as a Book-keeper to Mr. Woodny, a Scotch Factor. Mr. Woodny requir'd 200 l. Security; my Master Jeffries said he would give me a Character, but would not be bound for any Man; and I having no Friend in London that I could be so free with, as to desire him to be bound for me, I lost Mr. Woodny's Place, and had no Prospect of any other Service. Then it was that the base Thought of wronging my Master enter'd my Soul. Poverty and Want appear'd frightful to my Imagination, and raised a Multitude of false Reasonings and Suggestions, which at length prevailed over me; Words cannot express the Terrors that attended my Guilt. How often was I upon the point of returning to my Master, but the Dread of Shame still prevented me, and hurried me on to my Ruin! When the Persons who took us entered the Room, we made no Resistance, but peaceably surrendered our selves to Justice, and I readily delivered up every thing that I had wrongfully taken. As for my Brother I hope he will not suffer for my Crime, which he was ignorant of.

D. B. I call'd on my Brother the Day before we went away together, and he desired me to take a Walk with him in the Country next Morning, and I accordingly met him about 5 o'Clock, for I was out of Place, and my Time was at my own Disposal. He gave me a pair of Pistols, and a Bundle to carry for him; but he did not tell me how he came by them, nor did I know any thing of the Fact.

Court. Was the Sword put up in that Bundle so as not to be seen? Swain. Yes; it was a Bundle of soul Linen; there were 5 or 6 Shirts in it, and the Sword-blade was broke off pretty short. The Jury acquitted David, and found James guilty . Death .