461, 462. (M) John Fisher proceedingsdefend , and Christopher Fisher proceedingsdefend , were indicted for stealing six cloth coats, value 10 l. seven cloth waistcoats, value 5 l. one white silk waistcoat, three pair of cloth breeches, one pair of velvet breeches, one pair of worsted breeches, one embroider'd standard, call'd the Standard of England, one sword with a silver hilt, and other things , the goods of Philip Roberts proceedingsvictim , Esq ; May 29 . *

James Faulkner. I am servant to Philip Roberts < no role > , Esq; his house is in upper Brook-street : He went out of town the 13th of May last, and these cloaths were put up in a chest, &c. He had a letter sent him into the country that his house was robb'd. The house-keeper came with my master and I to the Justice the 7th or 8th of June, and we knew and own'd the cloaths; I know nothing of the prisoners.

John Burch < no role > . My brother and I were coming home the 29th of May, at a quarter before one o'clock in the morning, about a quarter of a mile from Brook-street, John Fisher < no role > was coming up to us, and seeing us turn back about six or seven yards, as high as I can guess, he sculk'd down by a wall; my brother went to him and ask'd him what he did there; we hearing the watch cry out thieves, he ask'd the prisoner what was the matter, and he answer'd nothing, but a bit of a fray; then my brother said to me, Jack lay hold on him, I went so to do and hit my hand against a cooper's adze which he had in his hand; in searching him I found this silver hilt of a sword, it was broke off about four inches in the blade, from between his coat and waistcoat. The adze and hilt were produced in court.

Q. to Faulkner. Is this your master's hilt of a sword?

Faulkner. It is, my lord.

John Burch < no role > . My brother took a bag from the prisoner, John, and a hat and wig, but the hat and wig his brother Christopher own'd to be his in the watch house; the things that were taken out of the bag in the watch-house was a buckle that belongs to a regimental belt, and the silver that was broke off both ends of the scabbard. They were produced in court.

Faulkner. These are my master's property.

William Taylor < no role > . Coming home by a wall with the last witness, John Fisher < no role > was coming by us, he turn'd round the corner and lean'd himself against the wall: I heard the watchmen keep calling thieves, so laid hold on his shoulder. The rest as the other witness.

George Hardacre < no role > . I am a watchman, and was calling the hour twelve when Thomas Webb < no role > call'd to me to come down to him, which I did, and he told me he had orders from the inhabitants of his walk to look after a disorderly house in Marybon-lane. We heard the door open and some people come out. While a man went for a lanthorn we saw three men coming along, and upon making an offer to go up to them, two of them drop'd these bundles, took to their heels, and ran down Wellbank-street. We took Christopher covered with straw upon a dunghill, who said he came there to sleep. I ask'd him what he had done with the bundle he had on his shoulder? He said he knew of none. I took him by the collar, and told him I'd shew it him. Then he said if he had the bundle he foun d it in the fields. The man that drop'd the first bundle got away. The goods produc'd in court and depos'd to by James Faulkner < no role > . Thomas Webb < no role > and John Brett < no role > , the other watchmen, confirm'd the testimony of William Taylor < no role > .

John Fisher < no role > 's Defence.

We having had words with one Mrs. Gray about three weeks before, she got a warrant for us, but she came about nine o'clock this night to make it up, and staying till twelve, she ask'd us to see her home, which we did. After that we met two men on horseback and one on foot. My brother said to me, Jack, don't go any farther, let us cross over the stile, fearing they should do something to us; so I jump'd over the rails, and fell upon one of these bundles. I then call'd to my brother and said, here is something lying, let's see what it is ? and as he was coming to me he found another bundle. These other things he bid me put into my pocket, and we should see what they were when we came to the light, but we had not gone thirty yards before they stop'd us.

Christopher's Defence the same.

Jane Gray < no role > . I live in Oxford-road, and my husband is a watchman in Rathbourn-place. On the 29th of May I went to their house, and they used me very ill, so on the 30th I fetch'd a warrant for them; but they wanting to make it up with me, I went to see them on Whitson-tuesday in the evening at John's house. I supp'd with them, and staid till near twelve at night. They said as it was the royal-oak day, they would get some boughs, and go a bird-catching, but would first see me to Rathbourn-place; and as my husband had done calling the hour twelve I wish'd them a good night, and we parted there.

John Gray < no role > . I am husband to the last evidence, and am a watchman at Rothbourn-place, as I was going back to my watch-box this night, after twelve o'clock, my wife call'd to me. I saw two men with her. She said they were John and Christopher Fisher < no role > .

Q. Will you swear they were the prisoners?

Gray. I will not, my lord.

There were twelve persons appear'd to their characters.

Q. to all the Watchmen. Which way were the prisoners going with the bundles?

They all three made answer, out of the street into the fields.

Both guilty .

[Transportation. See summary.]