245. (M.) Jonathan Gibson proceedingsdefend was indicted for that he on the 8th of April , about the hour of two in the night on the same day, the dwelling-house of Robert Pine proceedingsvictim , did break and enter, two silver tea-spoons, value 1 s. 6 d. one silver lid to a tea-pot, three pair of leather shoes, and two cloth cloaks, in the said dwelling house did steal, the goods of the said Robert .*

Robert Pine. I am a Portrait-Painter , and live in St Martin's-lane : in the night on the 8th of April last my house was broke open. The next morning Thomas Olivant < no role > , my servant, came before I was up between seven and eight o'clock, and asked me if I knew any thing of two silver tea-spoons, and the silver cover of a tea-pot, they being missing from the beaufett in the parlour, the usual place for them to be in; we were a little alarmed at it; upon looking further we missed out of the cupboard in the hall, almost all my old shoes, I can be certain to three pair, and a couple of old cloaks; they had been used the night before, it being wet, for my children to come home in.

Q. Was your outside door fast over night?

Pine. As I came in, I either put the chain up or saw it put up, I do not know which, and my servant told me it was down the next morning. We found one of the sashes in the one pair of stairs room was up, which window the lower part of it was use to be blinded, for the conveniency of my business and very seldom opened.

Q. Was that sash up when you went to bed?

Pine. I cannot say whether it was or not, not seeing it, that window opens into the street, and no outside shutter; I was very thoughtful, whether it might not have been done by some of my own people, and who might have opened that sash as a blind, so was the more curious in inspecting the place. I observed upon the window-seat the print of one foot, which I look upon to be not occasioned with the dirt of the street, but the print of the foot on the dusty seat; and upon examining the other windows, on two of them on the outside, were the marks of two fingers in the dust on them, in endeavouring to get the sashes up.

Q. Did you know the prisoner before?

Pine. He was my servant , and had been discharged some months before. I had some regard for him, and had a good character with him.

Q. How came you to take him up?

Pine. He was taken up for another offence about two months ago, and it being rumoured about of his having been guilty of several such like offences, I went and saw him at Justice Welch's. There I asked him if he knew any thing of my things, or was in my house at this time. He owned he had taken the things, and mentioned the places where he had disposed of them; he said, he had sold the two tea-spoons and the lid of the tea-pot to Mrs Granvil, a Silversmith in St Martin's-lane, and that the shoes he wore himself. I do not remember any notice was taken of the cloaks, they were old ones and little worth.

Q. Did he say how he came by the things?

Pine. He said, he got in at the window that we found open.

Q. Did he mention what time?

Pine. I think he said, about two o'clock. I know he did mention that hour to some of the facts which he was charged with, but can't be particular as to the fact now before the court.

Thomas Olivant < no role > . I am Servant to Mr Pine. I know the street-door was shut when we went to bed that night about eleven o'clock, and I found it undone in the morning.

Q. How was it fastened?

Olivant. It was fastened with the chain put up a-cross the door, and the chain was down in the morning, then I missed the two silver teaspoons and the top of the silver tea-pot.

Q. Are you sure they were in your master's house over night?

Olivant. I am sure they were in the beaufett: upon further search we found some of my master's shoes were missing, and two cloaks; my master and I found a sash up in a one pair of stairs window.

Q. Can you tell whether that sash was down over night?

Olivant. That is hardly ever up, but I did not observe it over night.

Q. How could a man get up to that window?

Olivant. There are large rails on the outside the window, from the top of which he might get to the place over the door, and so to the window.

Q. Is the window that the sash was open next to the door?

Olivant. No it is not.

Q. to Prosecutor. Have you got any of the things again?

Prosecutor. I have seen the two tea-spoons in the custody of Mrs Granvil.

Mrs Granvil. (She produced two silver teaspoons). These I bought, I believe, of the prisoner at the bar; I know nothing of the top of the tea-pot.

Q. Where do you live, and what is your business?

Mrs Granvil. I live in St Martin's-court, and keep a Silversmith's shop.

Q. When did you buy them?

Mrs Granvil. I believe about four or five months ago.

Mr Pine produced a fellow-spoon which was compared with the other two.

Mr Pine. I am sure these are my spoons.

The Prisoner said nothing in his defence.

Guilty of Felony only .

He was a second time indicted by the same name, for that he on the 16th of May about the hour of two in the night on the same day, the dwelling-house of Thomas Seymour proceedingsvictim , did break and enter, and one cloth coat, value 5 s. one hat, value 2 s. and 15 s. in money numbered, the property of the said Thomas; and one cloth coat, value 2 s. the property of George Rutherford < no role > ; one cotton-gown, value 5 s. and 8 yards of silk and incle for a gown, value 10 s. the property of Ann Crow proceedingsvictim , spinster , did steal, in the dwelling-house of the said Thomas Seymour *.

Thomas Seymour < no role > . I am an Apothecary , and live in Jermyn-street : the prisoner once was an errand-boy to a friend of mine, who lodged in my house about a fortnight.

Q. Did the prisoner lie in your house?

Seymour. No, he did not: he was hired as a daily servant.

Q. When ?

Seymour. In April last: when I got up on the 17th of May in the morning, my servant informed me my house had been broke, saying the door was found open, and in the one pair of stairs room, a sash of a window was up, which looks into the street.

Q. What did you miss?

Seymour. I missed sixteen shillings of my money out of the till in the shop; two coats and a hat out of the shop, one coat was mine, and the other my apprentice's, named George Rutherford < no role > .

Q. Was that money all that was in the till at that time?

Seymour. It was all but one half-penny which was lest: we keep an exact account of all the money I take; we searched farther, and found in a garret a gown, and a piece of stuff to make another, missing, belonging to my servant Ann Crow < no role > . I gave a particular description of the things, and had them advertised, then a Salesman brought the two coats on the day of the advertising which was the 18th.

Q. What is the Salesman's name?

Seymour. It is William Cave < no role > : (The two coats produced in court.) I know these two coats, one is mine, the other the property of George Rutherford < no role > , the Salesman told me what sort of a man he bought them of, then I went to Justice Welch and got a warrant to take up the prisoner. This was six weeks or two months after the robbery. When he was before the Justice he owned he took the two coats, and that he got in at my one pair of stairs window, by getting upon the leads two doors from my house, and so came along the leads to my window, as there is a communication the one house with the other.

Q. Did he say he found the window open, or that he opened?

Seymour. He said, he opened it himself, to the best of my remembrance, but I can't be sure: he told us where he had pawned the gown, and piece for a gown.

Q. Did he mention the time in which he got in?

Seymour. He said, he got in about two o'clock in the morning, and went from one part of the house to the other to get what he could.

Q. Did he say he took the money out of your till?

Seymour. I do not remember that he did: he told us where he had pawned the girl's gown and piece of stuff, one with Mr Burgess, a Pawnbroker in Gibson's-court, and the other with Mac-Adam in Vine-street, and that he had lost the hat.

Q. Did he say which way he went out of the house?

Seymour. He said, he went out at the passagedoor which goes into the street. I went to the Pawnbroker's and found the things accordingly. The gown and piece of stuff produced.

Prisoner. The window was open when I went in.

George Rutherford < no role > . I am servant to Mr Seymour: I got up in the morning after the robbery, before six o'clock, and observed the streetdoor was open.

Q. Was it fast over night?

Rutherford. It was bolted with two bolts and locked, about eleven at night, at the time the family went to bed.

Q. Do you know whether the sash-window was up or down over night above stairs?

Rutherford. That I know nothing of, whether open or shut. There were two coats missing, one my master's, and the other mine; my master's hung upon a nail, and mine over the back of a chair in the shop over night; there was a silver laced hat missing, and about sixteen shillings out of the till, which I know was in it over night, within six-pence over or under.

Q. Was the till locked?

Rutherford. No, it was not: I was with the prisoner before the Justice, and heard him confess he stole the gowns out of the back part of the house, and the rest out of the shop: he also said, that the gowns were pawned, and the cloaths sold to a salesman. Produced in court. These two coats here produced, are one my master's and the other mine.

Ann Crow < no role > . I am servant to Mr Seymour, (She takes the gown and piece of stuff in her hand) these are my property: they were in the house in a chest of drawers over night, but the drawers were not locked.

Q. Are all the doors left open within side the house, from where the window was open, so as to go to your room, and down into the shop?

Crow. They were not locked nor bolted.

Q. Was the window open over night up one pair of stairs?

Crow. I cannot say whether it was or not.

Q. Did you observe any mark of breaking near it?

Crow. No; I did not.

William Cave < no role > . I live in Red-Lion-Street, near the Seven Dials. I am partner with my father, and keep a sale-shop. The prisoner brought two coats to me on the 17th of May last. I gave him ten shillings for them. He said he was a gentleman's servant, and they were his master's cast-off cloaths, which he had given to him.

Q. What time of the day did he come to you?

Cave. I can't recollect that.

Thomas Burgess < no role > . I live in Gibson's Court, I am a Pawnbroker, the prisoner brought me this gown (taking the gown in his hand) to pawn on the 18th of May. I let him have 8 s. on it. He told me it was his sister's gown.

John Mac-Adam < no role > . I live in Vine-Street; the prisoner came to my house on the 17th of May (with this piece for a gown) taking it in his hand. He said it was-his fellow-servant's, and she did not chuse to pledge it herself, and desired him to do it for her; and that she had hired herself into my Lord Bathurst's family, and wanted a little money for pocket-money. I lent him 10 s. upon it.

Henry Nailor < no role > . I am servant to Mr Seymour. I got up first the morning after the robbery, and found the street-door open. I lay in a room joining the shop. In the middle of the night I heard some money rattle, but did not apprehend any danger, but when I got up I saw the till on the counter.

The prisoner said nothing in his defence. Acquitted of the burglary, guilty of stealing 39 s.

He was a third time indicted by the same name, for burglariously breaking, and entering the dwelling-house of Stephen Turner proceedingsvictim , on the 18th of July , about the hour of two in the night, and stealing one metal watch, value 30 s. one hat, value 6 d. one paper snuff-box, value 6 d. one pair of leather-bags, value 5 s. one shirt, value 1 s. one pair of thread-stockings, value 2 d. one silk purse, value 2 d. one Portugal piece, two guineas, two half guineas, and three shillings in money, number'd, the property of James de la Fountain proceedingsvictim , Esq ; in the dwelling-house of the said Stephen .*

James de la Fountain, Esq; I lodge in the house of Mr Stephen Turner < no role > , in St Martin's-lane . I went to bed on the 18th of July about eleven o'clock, and when I got up the next morning, between seven and eight, going to put my cloaths on I found my pockets had been robbed. I missed from my breeches pocket a 36 s. piece, two guineas, two half guineas, and some silver. It was in a green purse.

Q. Where had you put your breeches over night?

De la Fountain. They were lying in a chair by my bed-side. I missed a pair of bags and a shirt; a pair of thread stockings that hung on the back of a chair. My metal watch was taken from out of my breeches pocket, and a hat was taken from out of the room, but can't tell whether it was lying on a table or chair. There was a a paper snuff-box taken from out of my coat pocket.

Q. What room in the house did you lie in?

De la Fountain. In a back-room up one pair of stairs. There are three rooms on a floor. It appeared the thief came in at the dining-room window, then through the antichamber to my room. I immediately called the servant, and ask'd who had been in my room that morning? he said nobody.

Q. Did you observe whether any window in the dining-room was open over night?

De la Fountain. That I do not know.

Q. Did you know the prisoner before?

De la Fountain. No, I did not. About four or five days after I heard there had been some robberies committed in the neighbourhood in the same nature; and was told, the prisoner was committed to the Gate-House. I went there, and asked for the person; I was informed he was gone to be examined before justice Welch. I went there, and found he had been examined, but was gone back. I told the justice of what had happened. He said the prisoner was to be examined that day again at five o'clock, at which time I went again. I charg'd him with taking my things. He denied it. The justice told him he had better own it, it might be of service to him. He would not own any thing. I was going to take my leave of the justice, and looking hard at the prisoner observ'd a hat in his hand; I took hold of it, and found it to be the hat which I lost, producing it. The prisoner seemed a good deal confounded; and when I swore it was my hat, he owned to every article. Then the justice told him, if he had told the truth before it might have been much better for him. The prisoner said, he had given the snuff-box to a woman in the prison. I asked him which way he got into the house; I think he said he came in at the window.

Q. Did you ask him whether it was open or shut?

De la Fountain. No; I did not,

Q. Did he say which way he went out again?

De la Fountain. No; the door was found chained the next morning, so I imagine he went out at the window again. The snuff-box was returned me again by the keeper of the prison. The prisoner told where he had pawned the watch. Mr Welch sent away for it, and it was brought in about an hour's time. Produc'd in court and depos'd to.

Q. What is the Pawnbroker's name?

De la Fountain. Jourdan: he lives in the Strand. The prisoner owned he took my leather-bags, and the linnen in them; and said, he took a boat to go somewhere by water, and that they were lost in the river Thames.

William Smallshaw < no role > . I am servant to Mr Jourdan < no role > a Pawnbroker. On the 20th of July the prisoner pawned this metal watch to me for 27 s. He said it was his own property.

Thomas Hope < no role > . I am constable, I had the prisoner in custody. I was by when he gave information of all the things of the other prosecutors, and Mr De la Fountain's also, before justice Welch.

Q. Did you hear him say how he got into the house?

Hope. No; I did not.

The Prisoner said nothing in his defence.

Guilty of Felony only .

He was a fourth time indicted by the same name, for that he, on the 24th of April , about the hour of two in the night, on the same day, the dwelling-house of Thomas Seymour < no role > did break and enter, and one piece of linnen cloth, value 15 s. one yard and half of cambrick, value 1 s. eight linnen shirts, value 2 l. and three pair of thread-stockings, the goods of John Baldwin proceedingsvictim , in the dwelling-house of the said Thomas did steal .*

Mary Walthoe. I was servant to Captain Baldwin, who lodged in the house of Mr Seymour, in Jermyn-Street. The captain went out of town the night before the 23d of April, and in the night of the 24th we lost all the linnen out of a drawer in the buroe in the diningroom up one pair of stairs. I missed them in the morning about 10 o'clock.

Q. Were the drawers lock'd over night?

Walthoe. They were, but the key was left in the lock.

Q. What did you lose?

Walthoe. There were eight shirts, a piece of linnen to make three more, a yard and half of cambrick, three pair of thread-stockings. I found the window with the sash open.

Q. Was it shut down over night?

Walthoe. I will not be positive of that. The outside doors were locked over night; so that whoever took the things, I believe, had been in no other room besides the dining-room, the other doors being found lock'd in the morning. We found the goods at three Pawnbrokers, one in St Martin's-Lane, one in Gibson's-Court, and another name Spires.

Thomas Burgess < no role > . The prisoner brought three shirts, and pledged them with me, one the 25th, and one the 26th, and one the 30th of April.

John Mac Adam < no role > . The prisoner pledged a piece of cloth with me the 25th of April.

David Spires < no role > . I took in pledge five shirts of the prisoner at the bar, from the 26th of April to the 18th of May, at separate times.

The goods produced in court, and depos'd to as the property of the prosecutor.

The prisoner said nothing in his defence.

Guilty of felony only .

[Transportation. See summary.]