Joseph Smith , alias Smithson, alias Horton , was indicted for breaking open the House of Charles Wood , Esq ; on the 11th of November last in the Night-time, and stealing thence 16 Holland Shirts, 4 Pillowbears, a Night-Gown, and divers other Goods to the Value of 20 l. the Goods of the said Charles Wood, Esq; the Prosecutor deposed that he went out of his Chambers (No 7. in Lincolns-Inn ) about 7 a Clock that Night; that he made his Doors and Shutters fast; that when he came back there was a Stone in his Lock, so that he could not get his Key in; that he went out and got a Porter with a Light, and took the Stone out of the Lock, and when he went in found a Person in his Chambers, who immediately jumpt out at the Window; that the Glass was broke and the Window shutter cut, and the Goods mentioned in the Indictment gone. William Downing deposed that the Prisoner, himself, and John Best and David Lasinby not yet taken, got over the Wall in Lincolns-Inn-Fields into the Garden; that they broke the Glass, cut a Hole in the Window-shutter, where one of them put in his Hand and lifted up the Bar, and so got into the Chambers; that this Evidence was sent round to put a Stone into the Lock of the Door, to prevent the Gentleman's surprizing them; that they came round to him and told him they had done their Business; that he had known the Prisoner 3 Years, and was sure he was one of them. James Robinson , the Constable, deposed that when he took him, (which was on the other side of the Water in Bed about Noon) he said he was a dead Man, owned he had been Transported, but neither consefs'd nor deny'd this Fact and that when he was carried before the Justice, he said he should never come back again. The Prisoner deny'd the Fact on his Tryal, and said that Downing had been condemn'd for his Life, and been pardon'd by King George and that he Swore against him now to save his own Life. The Jury found him Guilty . Death .