596. JOHN BURTON proceedingsdefend and THOMAS DUXTON otherwise DUCKSTON proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Symonds proceedingsvictim , Esq ; about the hour of three in the night, on the 26th of July last, and feloniously stealing therein, two linen table cloths, value 12 s. one linen handkerchief, value 12 d. one linen apron, value 12 d. thirty-six knives and forks, with silver handles, value 5 l. twenty-four silver table spoons, value 15 l. twelve silver desert spoons, value 4 l. one silver tea caddy, value 6 l. one silver tea spoon, value 12 d. one pair of silver tea tongs, value 10 s. one pair of silver shoe buckles, value 10 s. one pair of silver knee buckles, value 4 s. one base metal sugar bason, plated with silver, value 5 s. the property of the said Robert Symonds < no role > .

Another Count for a burglary in the same house, and at the same time, and stealing two bank notes for 20 l. each, and one bank note for 10 l. his property.

The Witnesses examined apart at the request of the prisoners.

ROBERT SYMONDS < no role > , Esq; sworn.

I live in Charlotte-street, Bedford-square , my house was broke open the 26th of July, my cook-maid was the last person up in the house, I cannot say which servant got up first, but about half past five o'clock, a servant came into my room and told me, there was a strange man or men in the house, and that she looked over the banisters and saw the flap of one of the men's coats, I immediately jumped out of bed and rung my bell, and my daughters rung their bell, I slipped on my coat and threw up the window, just then I heard a very great crush, which was by a crow that we have here, which had forced the box which receives the lock of the outward door, they broke it quite in two, for I take the key up with me of a night: when I threw the window up, I saw Mr. Utterton, who lives directly opposite to me, and I saw two men run down three steps, which appeared to me, who was up two pair of stairs, to be the two men at the bar, my servant was just within ten yards of them, I cried Stop thief! and a black pursued them immediately, I came down stairs, and the first thing I saw at the door was, two pair of plated spurs, which they had forgot, I suppose, and I saw my door broke open in the manner I have described.

Court. Were the spurs taken from the place where they were? - Yes, they were taken from my servant's room, I went into my parlour, and there I found my beaureau open and three bank notes missing, two of twenty pounds and one of ten pounds, and there were three drawers laid on the floor, and all the papers about; I went down stairs and found the area door broke open, it had two bolts and a latch, they were forced, and then they came to the kitchen door, there was two bolts and a lock, with the key inside, and they also were forced with the iron crow, the screws were quite forced out from the wood, which crow I had the next day, and took it and fitted every particular place myself; the kitchen door was only slightly locked, which they could very easily open, then they went into my servant's room, and took three cases out of the room into the kitchen, the cases contained twenty-four table knives and forks, and twelve desert knives and twenty-four table spoons and twelve desert spoons, they also took out of the parlour, a silver caddy of tea, and a sugar bason that was plated; they locked the servant in the room.

Court. It was light when you got up, I suppose? - Yes, as light as it is now, the prisoner Burton was brought back within ten minutes of the robbery.

JOHN UTTERTON < no role > sworn.

I live opposite to Mr. Symonds; on the 27th of July, in the morning between five and six o'clock, I was standing at my bed room window, and I saw Mr. Symonds's door move very gently, I took notice of it and supposed some of the servants were going out, or that they had some of their acquaintances in the house, at that instant I saw part of a person's arm that had a green coat on, I then thought it was somebody that had got into the house, knowing that Mr. Symonds had no servant in a green livery, in the space of a minute I saw the door open again a little wider, I could then see the arm and part of the body, the man held the door for some few seconds, and I saw him beckon with his fingers as if somebody was on the side of the way that I live, I did not see anybody go over, but at the instant I saw a servant of Mr. Lyde, in Bedford-square, coming up the street nearly opposite the door, and I saw the man turn his eyes to the door, and I saw the door move very gently at that time, the man was going on, and he had not got ten yards, before the prisoners at the bar came out with bundles, the tall one first and the other followed him as close as possible, I desired the servant to pursue them, and I endeavoured to alarm the neighbourhood by calling out Stop thief! the prosecutor at that instant looked out of the window and called out Stop thief! I then went down stairs, and in about ten minutes the black servant returned, he had lost sight of them, and I believe, in about ten minutes more, the tall prisoner was brought back by two men, surrounded by a number of other people.

Court. What is his name? - I believe his name is Burton, there was a letter found upon him, directed to the name of Burton, which I believe the constable has, the other prisoner I did not see till the next day, I do not know how he was taken, nothing was found on the prisoner but this letter, the prisoner said, by God, if you feel further you will find a bank note, but however, he was searched and nothing was found.

Prisoner's Council. Out of what window did you look? - Out of the two pair of stairs.

Had they hats? - Yes.

Round or cocked? - Round.

Could you see their faces? - Very clearly.

What time? - I believe it wanted about twenty minutes of six o'clock.

Court. Are you sure these are the two men? - I am clear these are the two men.

You never saw them before? - No.

Had he a round hat on, when he was brought back? - Yes.

ELIZABETH WESER < no role > sworn.

I am servant to Mr. Symonds, I fastened up the house the night before the robbery, I know no further than I fastened the doors and windows, I got up at half after five o'clock and found the house broke open, I know nothing of the prisoners.

ANN BABB < no role > sworn.

I am servant to Mr. Symonds, I went to bed between eleven and twelve o'clock, I locked the kitchen door, and the lock was broke open when I saw it in the morning, I went to bed between eleven and twelve o'clock.

Did you hear anybody in the house, in the course of the night? - I did not, in the course of the night, but in the morning I heard a great noise, I went into my master's room, and told him, there was strange men in the house.

Court to Prosecutor. What is the value of all these things? - I did not cast them up, I put them in the indictment near one hundred pounds, with the bank notes and all; there was a draft that they did not chuse to take.

RICHARD EVANS < no role > sworn.

I found these things in Dr. Lloyd's area, in Russel-street.

Court. You do not know where they came from? - No, I do not, they were in my room the night before.

(The things produced and deposed to.)

WILLIAM BYNEY < no role > (a Black) sworn.

I am servant to Samuel Lyde < no role > , Esq; in Bedford-square, about the 26th of July last, my master had ordered me to get up very early to go out of town on Sunday morning; about half after four o'clock I got up to get ready, and I bethought myself I had no clean linen, so I went to my washerwoman's to get some, and by the time I came back it was half after five o'clock; as I was walking pretty fast thro' Charlotte-street, going home, I heard a noise of a door creeking, so I made a stop all of a sudden, and I still kept my eyes upon the door and I saw it wave, I knew the house and thought some of the servants were going out for a walk, and I stood and looked at the door, and presently I saw a man come and peep his head out, and seeing me he drew back, with that I went about five steps on that they could not see me, presently, I saw the door open again, and a man just peep himself out, and when they did not see me he stood on the step, and then he saw me, as I was as near to him as I am to your Lordship; when they saw me, he held the door in his hand, and says he to the other that was in the house, come, come along, we can go there and be back time enough, I thought it was Mr. Symonds's servant by his saying so, so I did not take any notice, I had not the idea of any robbery; presently Mr. Utterton hallooed out of his bed-chamber Stop thief! directly the prisoner Duckston came out, and then I saw Duckston and Burton both run down Charlotte-street as hard as ever they could.

Court. Are you sure they are the very two men? - Yes, I am sure they are, I pursued after them crying out, stop thief, while I was pursuing after them so close, Burton had the bundle under his arm, and he threw it over into one Dr. Lloyd's area, I still ran after him, I turned down Dyot-street, and they came into Bambridge-street, I pursued them into St. Giles's, and there was a great number of people standing at the top of St. Giles's, and I asked them if they saw two men running down, and they said they did, I said they were two house-breakers; as I was going down St. Giles's, running after them, I met with Mr. Utterton's labourer, and he went with me, he asked me if I should know them, I said I should, and we went down St. Giles's, we met a watchman, and he went with us, they took me to a publick-house in St. Giles's, there was a great many of them together there, I was rather dubious of going in for fear they should use me ill, I think it was the Green Man, I do not know the house, I never use any of the houses that way, I went in and made them all come out one by one, and neither of them were there, I suppose there were near forty of them there, then we had information that they went down New Compton-street, and I went with them part of the way along Compton-street in pursuit of them, and my time was almost out, so they told me they would go after them, and they went in pursuit of them by my description, and they caught Burton, and in about ten minutes Mr. Symonds sent for me to know whether I could swear to him, and when I came I could not help knowing that this was the man that I saw, I know him to be one of the men that was in Mr. Symonds's house, I am sure and positive that he is the man, I saw the prisoner the next day at the Rotation-office, Duckston is the very man that was with him, Duckston was not in the same cloaths when he was taken that I saw him in, but Burton was.

Court to Prosecutor. When did you get that plate again? - In about ten minutes after.

Prisoner's Council to Byney. Did not you doubt as to Burton? - I did not.

Did not you say you believed, but you could not be sure? - No, I did not, I told the Justice I could swear to Burton and Duckston.

You never saw them before? - No, I never saw them in my life before, I did not see Duckston afterwards till the next day.

And are you sure that you did not say before the magistrate that you believed it was Burton? - I said Burton was the very man.

CHARLES GRUBB < no role > sworn.

Do you know the last witness the Black? - Yes.

Did you meet him on the 26th of July? - On the morning of the robbery I heard the cry of stop thief before they got to my house, I lifted up the window and I saw the Black pursuing two men, Burton was one, I could see him, the other man I can say nothing to, I told the Black to cry out stop thief, and I would put on my things, and when I came down they were in custody, and they were searched, but nothing of Mr. Symonds's was found upon them, the Black was not there when the man was taken, I am sure Burton was the hindermost man that was running away.

Prisoner's Council. Where do you live? - In Bambridge-street, I was at the taking of Burton.

GERRARD KAYE < no role > sworn.

On the 27th of July last I was standing in Buckridge-street, and a young man run up to me and said there were two house-breakers run by, we went and met a Black a little below St. Giles's church-yard, or facing it, and he was almost out of breath, I met a great crowd of people facing St. Giles's watch-house, and asked a good many of them whether they saw two men run by, one with his stockings down and dressed in green, and the other dressed in brown; some said they did, and some said they did not, I went into the Green Man, knowing it to be a bad house, and we searched there, then we run up New Compton-street, and the Black was out of breath, I told him to come along with me, that he should not be molested in the least, for I would die by him before he should, he said he could not go, and I was going along Stacey-street, or a street that faces it, and I got into Monmouth-street, and a man looked out of the window and asked what was the matter, I told him, he said they were gone down that way not two minutes ago, we went along till we got into Lumber-court, and I saw one of the men going along gathering up his stockings as well as he could, the young man came up to Burton, and laid hold of him by the collar and turned him round, and we brought him along the same way that we went, he had like to have been rescued, the other man got off, we brought him by the back of St. Giles's by the Eight Bells, I had more suspicion that he was the thief by swearing such bloody oaths, he said he wished he had a knife there, and when we got him along in the round-house, I came up to the Running-horse door, and there I see one of the officers whose name was Grubb, he prisoner then saw Mr. Grubb, and he said he would not go with me, he would go with Grubb, and he was carried to the jail house, the Black came in just as we had brought him in, and he said that was the man, nothing was found upon him except a letter.

Prisoner's Council. When did you see Grubb first? - I met him at the Running-horse door.

You saw nothing of Grubb at the time the man was taken? - No.

You found nothing upon him? - No.

Court. Where is the Green Man alehouse? - In Broad St. Giles's.

WILLIAM HERRING < no role > sworn.

I was standing in Broad Saint Giles's, between the Royal Oak and the Coach and Horses the 27th of July last, between five and six, and I saw this black man run along crying out stop thief, I asked him what was the matter, he told me two men had broke open a house in Charlotte-street, and they were run that way, I asked him if he should know them again, he said yes, I called Kaye, and we enquired for the two men, and we were told they ran up New Compton-street, we followed them and missed of them about midway, the Black was weary, and said he could go no further, he gave us a description of the men and we asked some people if they saw two men come that way, and they said they did, the last place we went into was into Lumber-court, and I met a midshipman, and asked him if he saw two men by the description the Black had given me, and he said he did, I followed on, and I saw the prisoner Burton run on by me.

Court. Was the other with him? - No, my Lord, he was by himself, and he had his bosom open and his stockings down, and he was pulling up his stocking on the right leg, when I came up to him, says I my lad you seem to be after a journey this morning, you seem in a sweat, yes, says he, I am, says I, I have information of a robbery that was committed this morning in Charlotte-street, and I believe you are the man, so I laid hold of him, and when I turned him round, says he, use me but well and I will go with you, we brought him to the gentleman's house, and coming by the Eight Bells, the back of Saint Giles's church, I wish I had a knife for your sakes, and I would soon be free of you, we brought him along till we came to the Running Horse, then he threw himself down and swore he would go no further, then he looked round and saw Charley Grubb < no role > , and said he would go with him, I said he should not, and we brought him to the gentleman's house, I heard the other man was taken the next morning.

Court to Evans. You did not see the plate thrown down? - No.

How came you to take it up? - Information came to our house that it was thrown down the area of Dr. Lloyd's in Russel-street.

(The plate produced and deposed to.)

Prisoner Burton. I have nothing to say.

PRISONER DUCKSON's DEFENCE.

I have witnesses here to prove where I was at the time.

JAMES DUCKSTON < no role > sworn.

Are you a relation of the prisoner? - He is my son.

Where was he on the the evening of the 26th of July? - He was with me at my house on the 26th.

Was he there on the evening of the 26th? - He was there all night.

Did he lay there that night? - He did, he slept with one Mr. Needham that lodged in my house, he supped with me and we were all making merry, and he got a little drop of liquor, and I advised him to stay with this young man.

You are sure it was on this Saturday night? - Yes.

THOMAS NEEDHAM < no role > sworn.

I know the prisoner Duckston.

Did he ever sleep with you at his father's? - Yes, one night.

What night was it? - It was the 26th of July.

What time did he get up in the morning? - I do not know, I left him in bed at six in the morning.

What time did you go to bed at night? - About half after eleven or near twelve.

You say upon your oath you left him in bed at six in the morning? - Yes, upon my oath I did, it being his birth-day, he had drank rather too much liquor, and his father persuaded him to stay, and asked me to let him lay with me, so he stayed.

THOMAS CREESE < no role > sworn.

What are you? - A barber.

Do you know Duckston? - Yes.

Do you remember seeing him any time in July at his father's? - Yes.

What? - The 26th.

Did you spend the evening with him? - I staid with him from about three till nine, I left him in company with a man that works for me at his father's and his mother's, that was Needham.

How long have you known him? - About ten years, I never heard anything amiss of him till this time.

Prisoner's Council to Needham. How long have you known him? - I have known him two or three years, I never heard any thing bad of him before in my life.

For the Prisoner Burton.

WILLIAM STEWART < no role > sworn.

Do you know Burton? - Yes, Sir.

Was you ever with him on the 26th of July last? - I was with him on the 26th of July last at my father's house, he came in and called for a pot of beer, I drew it, he did not go away, not as I understood, till the next morning.

What reason have you to think so? - I have no reason any more then he asked the servant for a bed, and she asked my mother, and my mother sent out word that he might, and he desired clean sheets.

Then you did not see him in bed? - No.

Who was the servant? - Ann Westby < no role > .

ANN WESTBY < no role > sworn.

Where did you live in July last? - At the Hercules Pillars, Westminster, at Mr. Stewart's.

Do you know the prisoner Burton? - Yes.

Did he spend the evening on the 26th of July at your house? - Yes.

What became of him afterwards? - He staid there till eleven, he asked if he could have a bed with another young man, and I asked my mistress and master if he could have a bed, and they said, yes, and he laid there, and I shewed him to bed, and he asked me to call him at five.

Did you see him in bed at five? - Yes, I saw him in bed at five, I went into his room, and awoke him, he went away in three or four minutes after.

Court. Did the other man go away along with him? - The other man did not lay with him, he laid by himself.

EDWARD READ < no role > sworn.

Do you know Burton? - Very well, I have known him between three and four years.

What is his character? - He had the character of a carpenter by trade; I never heard any thing of him but a very good character, I have lived in the house where he has lived a matter of between two and three years, he always bore an universal good character as ever I heard, I have known him to work at his trade of a carpenter.

EDWARD DOHARTY < no role > sworn.

Do you know Burton? - Yes, I have known him about four years, I am a carpenter by trade, I never knew any thing of him but what was very honest, he lived with me upwards of two years.

Did he work at his business? - Not to my knowledge; he told me he worked at it; he did little jobbs for me now and then, I never was with him where he worked: He lodged with me and went away, and came back again like; he lodged a twelvemonth and upwards with me.

Court. Let the witnesses Needham and Creese, go out of Court, and send an officer out with them.

Court to James Duckston < no role > . You was saying you had a sort of a merry making that night? - Yes.

What had you for supper? - A breast of lamb and French beans.

What did you drink after supper? - There were several sorts of liquors, we drank porter, and had a dram between whiles, and we had a drop of punch.

(Needham called in.)

Court. You said you supped together that night? - Yes, Sir.

What had you for supper? - A breast of lamb and French beans.

What did you drink? - Some beer, a little punch, and a glass of gin now and then between whiles.

Grubb. My Lord, there is a man that comes here and swears he does not know any harm of this prisoner, Burton, and I took Burton out of his house some time since, for house breaking, with the implements upon him.

Doharty. No, Sir.

Grubb. Why you came down to the office yourself.

Doharty. No, Sir, I did not, did I come to the office; no such thing.

Grubb. Did not I take this prisoner out of your house? - No.

Court to Jury. Gentlemen: This is an indictment for a burglary; the evidence does not come near enough perhaps for that, for it was day light for a considerable time before, as much as an hour and an half, or near two hours; therefore it is possible that this fact might have been committed after day-light, if so, it is not a burglary, for in order to constitute a burglary, it must be done in the night time: but however the stealing in the dwelling house is likewise a capital crime to the amount of above forty shillings, so that in point of law it amounts to an offence of equal magnitude.

THOMAS DUXTON < no role > , ALIAS DUCKSTON, JOHN BURTON < no role > ,

GUILTY , ( Death .)

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Court to Doharty. Do you make it a general practice to give men a good character, that are accused of house breaking? - What did he take him out of my house for?

Grubb. He had all implements of house breaking upon him; why do not you know me? - I know nothing of it.

Court to Doharty. Then he never was taken out of your house? - I do not know my Lord, he might.

Grubb and Macmanus. My Lord, this man come down to the office.

Doharty. Was I there?

Grubb and Macmanus. Yes.

Doharty. What me?

Court to Doharty. Was you at the office or not at that time? - No, to the best of my knowledge I was not.

Was Burton taken up in your house? - I do not know indeed.

You never heard of it? - Not to the best of my knowledge.

You must know? - If he was, I am sure I forgot.

Did you never hear that he was taken up in your house, as a house breaker? - No.

Grubb. My Lord, there were three men taken out of the one pair of stairs at Doharty's house, he knows me very well, and he came down to the office to speak for them.

Court to Doharty. Did you go down to the office to speak for Burton on that occasion? - Really I do not know.

Did you or did you not? - Not to the best of my knowledge.

Did Burton ever lodge at your house? - He did.

You never heard of his being taken up? - Not to the best of my knowledge.

Court. Take that fellow into custody for wilful and corrupt perjury.

Doharty (kneeling.) My Lord, I humbly ask pardon for it.

PATRICK MACMANUS < no role > , and CHARLES GRUBB < no role > sworn.

Court. You remember Doharty's coming down to the office to speak on Burton's behalf?

Macmanus. My Lord, Macdonald that belongs to the office in Litchfield-street, pointed out Doharty to me at the time, and I saw him there as plain as I see him now.

Was Burton < no role > the prisoner there at that time? - He was.

Grubb. My Lord, I saw Doharty there, he came to appear on the behalf of Burton.

Doharty ordered to be committed to Newgate, for wilful and corrupt perjury, and Grubb and Macmanus, bound over to prosecute him.