257. 258. (M.) Thomas Pyner proceedingsdefend and Mary Bowen proceedingsdefend , widow , were indicted for that they, on the 27th of March , about the hour of one in the night, the dwelling-house of the Right Honourable the Earl of Suffolk and Barkshire proceedingsvictim , did break and enter, one, spring table-clock and case, value 6 l. one trunk, value 2 s. 6 d. one box, value 2 s. 6 d. the goods of the aforesaid Earl did steal, take and carry away . *

Ann Stodard. I was servant to the Earl of Suffolk in March last and lived in the house alone, in Duke-street, Westminster . I went to bed about half an hour after eleven o'clock on the 26th of March. The next morning the porter, William Robins < no role > , brought two boxes; he knock'd me up, and said, here are two boxes directed for my Lord; and said he must have a shilling: I said, I had no account of them, and not knowing the hand-writing, I would not pay him. I ask'd him where he had them; he said, of a man and woman in the street. I stood arguing with him some time, he said he should lose his morning's work; I went to look on the clock and found it was gone; I told the porter, if he was an honest man he would come in and help me look about, which he did; then I missed the two boxes, which were the same the porter had at the door. He said, he should knew the people again. The clock and boxes were produced in court, and depos'd to by her as her Lord's property, and that she saw them over-night in the house.

Q. Were the door and windows all fast before you went to bed?

A. Stodard. They were all fast. I found afterwords, the outward door in the area had a hole on in it, so as to put in a hand and push back the iron bolt; and the inward door also was cut in the same manner, and the bolt push'd back.

John White < no role > . The Prisoner, Pyner, was taken before Justice Fielding, there he confess'd the fact and sign'd his confession. It was read in court to this purport: That he, together with Mary Bowen, did on a Thursday in March last, between the hours of one and two in the morning, go to the house of the Right Honourable the Earl of Suffolk, &c. That he got into the area and pull'd down a pannel of the shutter, unbolted the sash window, and got in and took a clock, one box, and one trunk, and handed them out of the window to Mary Bowen < no role > , &c.

John Robinson < no role > . I am constable: I took the prisoners up, and saw Pyner sign this confession; and that he was sober, and did it voluntarily. The woman told me, that she and the man broke into this house and took the clock out, and pawn'd it for three pound in the name of John Parsons < no role > , at a pawnbroker's in Bridges-street ; I went with a search-warrant there, and the clock was produced. When it was brought to Justice Fielding's Pyner told me, he knew the clock too well to his sorrow. The pawn-broker's man was there, and said the prisoners both came together to pawn it.

John White < no role > . The porter told me before the prisoner, Pyner, was taken, he was sure to know him again if he could see him, and described him before I saw him: That he went with him to Hewet's-court, were the prisoners both lodged together, and found them. I know these goods to be my Lord's and in the box and trunk were pack'd up some writings, in order to be sent into the country.

William Robins < no role > . I am a porter: On the 28th of March, the two prisoners at the bar delivered the box and trunk to me, a month ago to morrow, about five o'clock in the morning, at the end of Duke's-court by the King's Meuse; there was written upon them, To the Earl of Barkshire in St. James's park. Pyner gave me three-pence, and said I was to receive a shilling when I came there. The rest as Ann Stodard < no role > had depos'd.

John Alison < no role > . I am servant to Mr. Johnson, a pawn-broker at the corner of Russel-court: On the 28th of March, about the middle of the day, these two prisoners brought this clock to pawn, in the name of Mary Stevens < no role > ; I lent her three pounds upon it; she came also along with the gentleman when he came and took it away.

James Tompson < no role > . I saw the two prisoners between nine and ten o'clock at night, March the 26th, come into the Hampshire Hog in Charles-street, Westminster, that is about fifty yards from my Lord's house; they remained till about eleven.

John Weston < no role > . I am a watchman in Charles-street: About eleven o'clock at night, as I was going by the Thistle and Crown, the woman at the bar came out there, and bid me a good night; about twelve the man and she came by me together, and between one and two she was coming down again. I said to her, what do you walk backwards and forwards for? Said she, I am going for a midwife.

Both guilty of felony, acquitted of the burglary .

[Transportation. See summary.]