424. John Palmer proceedingsdefend , late of St. Andrew, Holborn , was indicted for stealing out of a dwelling-house, one silver tankard, val. 20 s. two silver casters, val. 20 s. three silver salts, val. 20 s. one silver candlestick, val. 5 s. six silver spoons, two silver salt shovels, the goods of Richard Jackson proceedingsvictim , Gent .

July 3d .

Richard Jackson < no role > , I live in Southampton buildings, Chancery-lane ; on Monday last I came from my chambers at Clifford's Inn, and was sitting in my fore parlour-window reading; my servant came and told me my dinner was on the table. which was in my back-parlour. I went there to dine, and having sat down a little while, my servant coming out of the kitchen with some table-beer, saw a man running out at the door; i. e called out and immediately run into the fore-parlour and cry'd out, the plate is all gone, and immediately run out at the door, and I after her, the turning being so short he was got out of sight; I went through the King's-head tavern into the middle of Holborn, there I stood about a minute looking to see for a man running, and I saw the prisoner cross over to go into Gray's-inn-lane; he made a stop and saw me, and immediately took to his heels, that gave me a suspicion he must be the man: he running made me run, I pursued him down Gray's-inn-lane, he ran into a court, and a woman said, there is a man gone up the court. I ran to the farther end of it, I saw no body: said another woman there is a man in a brown coat gone into that house; as soon as I came to the door the prisoner was coming down the stairs again; I laid fast hold of him by the collar, saying, I have caught you, and guilt appear'd in his face immediately. I said, sirrah, you have robb'd me: he was in a great flutter, he denied he knew any thing of it, so I was pulling him from the house in order to put him in a coach, and a person near us saw something shine in his hand, who said, he has got a pen-knife in his hand, which, when we took them out of his hand were two of my silver salt-shovels; said I, whatever you brought in that bundle must be in this house. His excuse for running was, that he saw a man running in the street, and he ran after him; said I, where had you these two silver shovels? he said, the man drop'd them upon the stairs, and I took them up. I had him before the Justice and he committed him, and there he told the same story. When I was gone to Justice Fielding's there were three or four neighbours staid about the door where I took him, they search'd and found the plate in the house, ( it is in court, and the witness that found it.) I cannot swear to the prisoner's face, but I can say it was such a man which I saw in Gray's-inn-lane, with a brown coat on, and something in a bundle, and I can swear to the size of the man: this is the apron that was tied about him, which the plate was found in. The plate was in the Buffet at the time I removed out of the fore-parlour to the back parlour.

Q. How far distant were you from him when you saw him in Holborn?

Jackson. About the length of Middle-row.

( Cross exam in'd)

Q. Did you see the prisoner go out of your house?

Jackson. No, I did not.

Q. Have you any view from the fore-parlour to the back-parlour?

Jackson. No, Sir.

Q. How came you to run into Holborn, when you say you did not see which way the prisoner went?

Jackson. Mr. Hudson the Counsel, whose house is opposite to my door, he and his mother seeing the maid and I run out, Sir, said they, there is a man in brown cloaths run under the arch.

Q. Did you make any out-cry?

Jackson. No, I did not, Sir.

Jane Mason < no role > . I am servant to Mr. Jackson; I had seen the prisoner for three days before about our windows, he has often look'd in, and when he has seen me look at him then he would turn his back and lean on a post.

Q. Did you see him on the day the robbery was committed?

Mason. I saw him go out of the house that day, and I knew him when I saw him there to be the same. I had seen about the window; he was always in one dress.

Q. What time of the day was this robbery committed?

Mason. About half an hour after two I was coming out of the cellar with some beer, and saw him as I got on the top of the stairs going out of the door; I run into the fore-parlour and miss'd the plate: I called out to my master, my master and I run, but I did not see him 'till he was taken, and then I said I would swear to him.

(Cross examined.)

Q. Did you hear any thing jingle when the man run out?

Mason. No, I did not, Sir.

Q. When did you see the plate last before this?

Mason. About five minutes before I went into the room for a bottle of wine.

Joseph Nesbit < no role > . I keep a publick house just facing Gray's-inn-lane. I saw the prosecutor run very hard in his night-gown and slippers, I thought it was very particular, and I jumped out of my window; said he a man has robb'd me, and a woman said there was a man run up a court which was no thoroughfare; then when we got there another woman said a man run into that house; the man was coming out, Mr. Jackson laid hold of him, and I saw the prisoner strive to put something into his pocket, which he had in his right hand; as it appeared bright I said, Sir, take care, for I think he has a knife in his hand, which, when I ungrasped his hand, Mr. Jackson took out these two salt-shovels. We carried him to a publick house, I got a candle and looked about: there was an old woman came down stairs and said there had been a man up stairs. When we were at the Justice's there was word come the plate was found in that house, and the prisoner said before the Justice the plate would be found there among some dust up one pair of stairs on the top of the stairs.

Richard Hillis < no role > . I ran through the court and came into Holborn, seeing somebody run towards Gray's-inn-lane, I ran that way and found Mr. Jackson and the last witness had got hold of the prisoner; I said, let somebody else hold him, and let us go into the house and search for the plate: we went up and searched about, but could not find the plate; Mr. Jackson took the prisoner away, Nesbit staid with me, we got a candle and search'd about; he went and left me when he thought we had searched every where, and I staid with some old women; I at last was thinking of going home, I set my foot on a stair, and was going to put my hand over into a hole: said one of the women, don't put your hand there, there is a chamber-pot. She took it out, then I put my hand over; said I, here is either plate or China, for it jingles; there I found this apron and plate, some in it and some out, and brought it to Mr. Jackson's house.

Prisoner's defence. That woman washes for me, I went for my shirt.

There were five persons spoke well of him as to his former character.

Guilty Death .