455. (M.) LEVI BARNETT , otherwise LYPE COSER proceedingsdefend , was indicted for breaking and entering the dwelling house of Abraham Lyon Levi proceedingsvictim , on the 15th of May , about the hour of twelve in the night, and stealing a cloth coat, value 20 s. a cloth waistcoat, value 5 s. a pair of cloth breeches, value 5 s. a pair of leather shoes, value 2 s. a pair of silver shoe buckles, value 8 s. a pair of silver knee buckles, value 4 s. a pair of paste knee buckles, value 4 s. a silver stock buckles, value 2 s. two silver tea spoons, value 4 s. a pair of linen sheets, value 10 s. five linen shirts, value 40 s. two genting handkerchiefs, value 2 s. 6 d. and a stone sleeve button set in silver, value 6 d. the property of the said Abraham, in his dwelling house .

(The witnesses were examined apart at the request of the prisoner.)

Abraham Lyon Levi < no role > . I live in Bell lane : on the 15th of May about seven at night I went out of my house; thinking I should stay late I wanted a coat, therefore I came back again and took my coat; that was about nine o'clock, I think it was light at that time; I locked all my doors and fastened all my windows; I did not return home again till one or two in the morning; I left my outer door double locked; I found it when I came home upon the single lock; I was a little alarmed at that at first; then I went up stairs; when I came to the chamber door which I am certain I locked, I found it wide open; I was much alarmed, fearing somebody might be in the house, that might do me a mischief, therefore I thought in some respect to exculpate the person that might be there, and said bless me I believe I left my outer door open; then I went down stairs and locked the door, and stood on the outside of the door with the key in my hand; I staid there till a watchman came; when the watchman came I went up stairs with him; when I came up stairs I saw the bed curtains drawn aside, a pair of sheets gone, and the other things were thrown upon the floor; there was a drawer that stood a-jar; out of the drawer I missed my coat, waistcoat, and breeches; I am certain I saw these things at half after six before I went out; I missed afterwards the rest of the things mentioned in the indictment ( repeating them); the staple of my chamber door was forced open.

Levi Solomon < no role > . On the 15th of May I and the prisoner, Moses Rattles < no role > , Mordecai Levi < no role > , and Hart Levi went to the prosecutor's house; the prisoner opened the door with a false key; I and Mordecai Levi < no role > and Rattles went up stairs; the prisoner was left in the entry; I struck a light; I knew something of the prosecutor, but Mordecai Levi < no role > knew him very well, and knew that that was a particular night he was to go out to his club.

Prosecutor. I did go out and stay late that night; we had some prayers there; it is the night we receive the laws of a particular congregation that come together then, and we have some prayers during that ceremony.

Solomon. The time that we came there was between twelve and one o'clock; the prisoner stayed below; Levi Hart < no role > stood without doors; we broke open the one pair of stairs room; there was a chest of drawers on the left hand, and a cup on the chest of drawers turned upside down, which had a pair of buckles under it; next to that there was a halfpenny and a sleeve stone button; then we went to the other drawers; we took out five shirts and two muslin handkerchiefs in the drawer below two suits of clothes; two silver spoons in a tea chest; we took away a pair of shoes and a pair of sheets; we broke a chest and took some touch stones out; we left them, we did not like them; we took another box in which was a gold hat-band and stone knee buckles: all these things were carried to the prisoner's house; that Monday morning the prisoner and we had a conversation about parting with these things; it being the Jew hollidays the Jews would not deal for them; the prisoner said he knew where he could sell them; he came and told us he had parted with them; he brought three pounds twelve shillings; that was shared between us in Gravel lane; the prisoner said he had pawned the coat, waistcoat, and breeches for twenty shillings in Golden lane. They were about twelve minutes in the house.

Q. from the prisoner. Why did you not discover this when you was taken up?

Solomon. It was near a week after I was taken up before I was sworn as an evidence; I did not discover any thing till after I had been sworn as an evidence.

Levi. At the time he talked of confessing he said they were pawned for twenty shillings, but he would not tell where it was; three or four days after that, before he was sworn, he discovered it was in Golden lane, but he did not tell the name of the man where they were pawned, but described the house.

Q. from the Prisoner. Why did you not get the goods sooner?

Levi. I went that very afternoon or the day after to Golden lane; the pawnbroker did describe to me that he was a pock-freckled man and went by the name of Jones; he did not mention Golden lane till he was going to gaol or was in gaol.

Solomon. The prisoner told me the very morning of the 16th that he had pawned them in Golden lane. We went because we know of the club where they generally sat up as I understood, almost all night; this club happens once a year.

Francis Smith < no role > . I live in Golden lane with Mr. Payne, pawnbroker; I took in the clothes and the buckles of the prisoner; he came to our shop on the 16th of March by the name of Jones; from his pronunciation I said you seem to be a Jew; he said no I am not, but said his name was William Jones < no role > ; I lent a guinea and a half upon them and the buckles all together; after I had been down before the Justice, I was directed to go down and see the man; I went with one of the men to the Compter, I saw the prisoner there; when we came to the gate the man that was with me looked at the prisoner who was side ways to me, and said is that the man? I did not immediately make any answer, but the man coming up towards us I was certain he was, and said yes, that is the man; I said to the prisoner you have seen me before; the prisoner said yes, but immediately catched it and said yes, I see you now.

Prisoner's Counsel. Did not you deny that he was the man?

Smith No, never; I said I believe you will see me again soon. (The prosecutor deposes to the clothes).

David Isaac < no role > . I was the person that went with Smith, the pawnbroker, to the Compter; the pawnbroker had described the man before he went into gaol; he said he was a pock-freckled man with a large mouth in particular; when the prisoner was walking in the yard I said that is the man, speaking from the description he had given me before; when we came towards him, Smith said, how do you do? you have seen me before; he answered immediately, yes; but recalled his words and said, yes, I see you now.

Prisoner's Defence.

I have a woman, a prisoner in the Compter at the time, to prove that when this man came with the pawnbroker he looked about and said he did not know me. I know nothing about it; I have several people to prove I was at my own house.

For the Prisoner.

Stephen Jones < no role > . I had a conversation with the prosecutor this day four weeks, and he said he heard that his property was in Golden lane; he said the pawnbroker said it was pawned by one Jones < no role > an Englishman, and not by a Jew.

Solomon Solomons < no role > . I am an old clothes-man; I went to a public house on the 15th of May about nine o'clock; it was ten minutes past eleven before we went to that place; the prisoner and I lodge in the same house; we were at the Three Jolly Blades, on the other side the way from our lodgings, about twenty minutes after eleven; we went home; the prisoner went up before me, and went into his room before me; it was near twelve o'clock before I had done my prayers; I did not go to sleep till near one o'clock I am sure; I was a full hour speaking with my wife in bed, and one thing or another; I locked the door after us and put the key in a particular place; I found it in the morning in the place where I put it over night and the door bolted; I had been in his company from nine o'clock; I found the prisoner in the house at the time I went there.

Solomon. It is the same house he says he was at; instead of going from the house to the prisoner's lodgings, the prisoner went directly to rob the prosecutor's house.

Sarah Abrahams < no role > . I have known him thirteen or fourteen years; I am a haberdasher in hardware; I have trusted him with valuable effects I believe him to be an honest man; he is a married man and lives with his wife.

Sarah Butt < no role > . I work at needle work; the prisoner is a hardware man; he has a good character; I believe him to be an honest man.

Margaret Morrison < no role > . I have known him two or three years; I never saw any thing till now against his character.

Deborah Brown < no role > . The pawnbroker said when he came into gaol that he did not know the man; I would not say it now in the situation I am in, as I have not a month to go of my time, if it was not true, and I never took an oath in my life before.

Q. Was you never upon your oath before at all?

Brown. No.

Justice Wilmot. I have often administered an oath to her many times.

Court. How came you to say you never was upon your oath before?

Brown. Not before such a court as this.

She received a very severe reprimand from the court.

Guilty . Death .