1, 2. (M.) THOMAS OGILBY proceedingsdefend , and RICHARD COLEMAN proceedingsdefend , were indicted for breaking and entering the dwelling-house of Susanna Jones < no role > , widow, on the 14th of November, about the hour of seven in the night, and stealing one silver pepper castor, value 15 s. one silver cream-pot, value 12 s. four silver table spoons, value 20 s. one pair of paste shoe-buckles, value 20 s. one pair of steel scissars with silver bows, value 5 s. and one black silk cloak, value 7 s. the property of the said Susanna, in her dwelling-house . +

Susanna Jones proceedingsvictim . I am a mantua-maker , and live in King-square-court, Dean-street, Soho . I was in the kitchen with my sister and Frances Woodward < no role > , on the 14th of November . The parlour windows were shut up at four o'clock; the street door was shut. Frances Woodward < no role > said she thought she heard a noise over-head. I got up and opened the kitchen door. As soon as I had done that, I heard feet over-head. I was much frightened, and screamed out immediately. Upon that I heard them run along the entry; there were several feet. I heard them pull back the bolt of the street door, and let themselves out. Then I went up stairs, and into the street, and call'd out, Stop thief! I did not see them, for they were gone out at the door before I got up stairs. I found the parlour door open, and the closet door, in which the plate was kept, was open. There was taken out of that closet a silver pepper castor, a silver cream-pot, and four silver table spoons. A drawer in the bureau was open, out of which the scissars and the buckles were taken: they took them out of the cases, and left the cases. I had seen them before that day. This pepper castor (producing it) is mine.

Q. Is it mark'd?

Susanna Jones < no role > . No, but there is a bruise on the foot that I know it by.

Sarah Chartier < no role > confirmed this Evidence.

Francis Woodward < no role > . I heard the noise first. I told Mrs. Jones of it; she went up stairs and scream'd out, as she has mentioned. I shut the door myself, and single-lock'd it. I observed the next morning that there was a piece of the door broke off just at the lock.

Thomas Crompton < no role > . I was coming home with Mr. Life. Just as we came against King-square-court, I saw three people running very fast. We heard the cry, Stop thief! and immediately we pursued them. We just lost sight of them when we came to the corner of Queen-street. We asked a green-woman if she had seen three men run by. She said they were just gone down Queen-street. We went down Queen-street, and then we saw the same three man again; they were standing together in a cluster.

Q. Are you sure they were the same three men?

Thomas Crompton < no role > . Yes, they stood under a lamp. Mr. Life seiz'd two of them; they struggled, and one got away from him; and just at that time I heard something drop from Coleman. Life had hold of him. I ask'd, what has he dropt? Mr. Life stoop'd and pick'd up this cream-jug (producing it). It was Coleman dropt it. Mr. Life felt down him, and ask'd him if he had got any more of these things about him. Then I left him, and pursued Ogilby, the other prisoner, and Mr. Pearce stopt him. Ogilby, when he came to the watch-house, said he was very faint; he desired to sit down at the watch-house door, as the watch-house was shut; and this pepper-box was found next day, as I am informed, in the place where he sat. (The cream-jug deposed to by the prosecutrix.)

Q. Are you sure that Ogilby is the lad that got away from Life?

Crompton. I am not clear in that, he is one of the three.

John Life < no role > . As I was coming up Dean-street about half an hour after six o'clock, I heard St. Ann's bell ring before I came to it; when I got to the Highlander, which is three doors from Mrs. Jones's, I saw the two prisoners and another run by; I knew them as soon as I saw them; I had seen them at the justices before. I had often seen the three together. I am sure the prisoners. were two of them. As soon as I saw them I said to Crompton, they three have been doing no good; the words were not out of my mouth before I heard a woman crying, stop thief! I said to Crompton, you can't run so fast as me, but follow me that they may may do me no injury. When I came to the corner of Queen-street I lost fight of them. I asked a green woman if she had seen three men run by; she said they were just gone down the street; as soon as I had turned the corner I saw them before me. When I came just by Mr. Hammond's, the Glazier, in Greek-street, they were all three standing together. I said nothing but immediately caught hold of two of them; I had not fast hold of one; he got from me and run down the street, I kept the other fast, which is Coleman; they all three stood so close together that I can't say whether he that got from me was Ogilby, or the man that got clear off. I am sure Ogilby. was one of the three. Mr. Crompton called out, stop thief! and one Mr. Pearce stopt Ogilby. He was about seven or eight yards behind the other. I asked Coleman what he had stolen; I saw something in his hand; I took hold of his wrist and immediately he dropt something, I stoopt directly and picked up this cream pot. (Produced and deposed to by the prosecutrix.) They declared at the watch-house that they were strangers to each other. I told them that I knew them well; Ogilby sat down on the stop at the watch-house door, and said he was saint; the pepper-box was picked up near the place where he sat.

John Pearce < no role > . I was coming from Covent-garden play-house, where I had been to keep a place for my master; when I got into Greek-street, I saw two men running as fast as they could; I secured Ogilby; he was behind the other. While he was sitting upon the step at the watch-house door, he tumbled his cloaths about; I bid him sit still; he said I had pulled and hawled his clothes about, and he wanted to set them right. The Man that found the pepper-box shewed me next day where he found it, and it was near where the prisoner sat.

John Farley < no role > . On the 15th of last month I found this silver pepper-box just behind the stone; I showed Pearce where I found it; it was about a quarter after eight in the morning, when I found it. This is the pepper-box, Mrs. Jones has had it ever since.

Coleman's Defence.

I was going about my business; I passed two men; this man came up to me and catched hold of my collar, and of another man's coat. I don't know who that man was; something fell upon the ground; then he said, what have you got; and he let the other man loose while he picked up the cream pot; then he said it fell from me; I told him I knew nothing of it.

Ogilby's Defence.

I am servant to one Mr. Jones, a distiller, in Duke-street, St. James's; my master sent me to Oxford-market for a leg of mutton. I staid rather above my time, so I was making haste home. I heard a great disturbance in Soho. square; so I went to see what was the matter, then that man seized me, and said, you are one of them. I said I would go with him: they searched me at the round-house, and found nothing upon me.

One of the jury. My Lord, there is no distiller lives in Duke-street.

Ogilby. It is in Berry-street.

Jury. There is never a distiller in that street.

Both guilty of stealing only . T .