22. (M.) Anthony Bourne proceedingsdefend , was indicted for that he, together with two other persons, on the 28th of Nov. about the hour of two o'clock in the morning, the dwelling house of Joseph Fillpot proceedingsvictim did break and enter, and stealing from thence 50 hats, value 12 l. the goods of the said Joseph +.

Joseph Fillpot < no role > . I live in Clare-court, near Clare-market , I am a haberdasher of hats ; on the 27th of Nov. was 12 months, I had been at a house facing my shop; I came home about 11 o'clock at night; I went with a candle in my hand, to see if the pins of my shop window were fast, my shop and house joins together; I found all fast, then I went to bed, and about five o'clock in the morning two watchmen awak'd me, giving me an account that my shop was broke open: I found the shutter taken down, the press door broke open, where I keep my hats; it was lock'd when I went to bed; I miss'd upwards of five dozen of hats, some of them at about 4 s. 6 d. and some at about 6 s. and about 11 or 12 old hats. I heard nothing which way they were gone, till I receiv'd a letter from Anthony Whittle < no role > , from the new goal Surry, who told me, he the prisoner, Edward Thorp < no role > , and Ecklin the evidence did it; and likewise, that they took he believed about 6 dozen of hats away; and that they sold them to Codosa a Jew, who is since transported. See No. 511, in the last mayoralty. I saw Codosa about 6 months ago, and he told me he bought the goods.

John Ecklin < no role > . The prisoner at the bar, my self, Anth. Whittle; See No. 570, as above, and Edward Thorp < no role > , about one o'clock in the morning, I know not justly the day, but it was in Nov. was 12 months we came to the prosecutor's house, by the directions of Anthony Whittle < no role > ; there was a bar went cross the shutter without; we wrench'd the staple back with an iron crow, and the bar came out; we took the first shutter down; then Anthony Whittle went in, and I held a bag on the outside; the first he put in it was 11 old hats; then Edward Thorp lighted a candle, and Anthony Whittle < no role > took the crow, and broke open a place on the right hand going in, where were some new hats, which was handed out to me; there were three dozen and eleven; we could not conveniently carry more, so we went away, and the watch prevented us coming again.

Q. Where was the prisoner at this time?

Ecklin. He was standing at the corner of the court, about seven yards off, looking out to see the watchman did not surprize us; we began about one o'clock, and ended about three; Whittle and I carried them to Samuel Codosa < no role > , a Jew, and sold them to him for three guineas and a half; he liv'd then in Bell-Alley: I took my share out of it, and gave Anthony Whittle < no role > the money, to give to the prisoner, and Thorp; they went home after we had done at the prosecutor's house. The prisoner then liv'd in Drury-lane.

Q. Do you know the prisoner receiv'd the share of the money?

Ecklin. I cannot swear he did; he never ask'd me for any after we us'd to be together; so I suppose he receiv'd it.

Q. to the prosecutor. How many hats did you lose?

Fillpot. I lost five dozen and upwards.

Q. What part of the shop did you lose them from?

Fillpot. From out of a press coming in as they did, on the right hand.

Q. How was your window fastened?

Fillpot. There was a wooden bar goes a-cross, on the outside.

Eckling. Thorp was cast for his life, but is now transported.

Prisoner. I have nothing to say.

Guilty

Death .

See No. 570, in the mayoralty of John Blachford < no role > , Esq;