Offence: Theft > burglary
Verdict: Guilty; Guilty
Punishment: Death; Transportation
Stephen Gardiner , and John Martin , of the Parish of St. Leonard Shoreditch , were indicted, the former for breaking the House of Dorcus Roberts , in the Night Time, and feloniously stealing divers Linnen, of divers Persons, to the value of 25 l. the 6th of this Instant January . It appeared by the Evidence, that the Prosecutor having made a Complaint to a Friend, of her having been robbed, he upon Enquiry, heard that Stephen Gardiner, who he had known to have the Repute of an ill idle Fellow, he thereupon enquired for his Lodgings, and going thither in the Morning about 6 a Clock, found him in Bed with a Woman, and had then on his Back a Shirt, worth about a Guinea and a half, which he not thinking did belong to him, taxing him with robbing Mrs. Roberts, searching between the bed and Mat, there was a Sack in which were the Goods that had been stolen from the Prosecutor, except a Shirt, and 2 Shifts, which the Prisoner said he had given to John Martin, for a Dram, and to let him stay in his Shop lockt up, till the Watch was broke up, that he might not be apprehended. That having apprehended the Prisoner. they went to John Martin's, who keeps a little Brandy Shed, and there found the Linnen put wet into the Bottom of a Basket, and Small coal upon it, and that John Martin did own that he had received the Linnen from the Prisoner, to let him stay in the Shop while the Watch was broken up. It was likewise depos'd, That the Shirt which he had on his Back, he pulled off at the Justices, and deliver'd it to the prosecutor. His Confession before the Justice was read in Court. It was also depos'd, That the House was left secure at Night, but the next Morning the Shutter of the Window, and Glass of the Casement had been broken. The Prisoner pleaded, That having been lock'd out of his Lodging about 4 a Clock in the Morning, he found the Linnen, in an Alley. John Martin pleaded, He did not receive the Shirt and two shifts from the Prisoner, but they were upon a Box, where Gardiner left them, when they were demanded. The Jury found Gardiner guilty of the Indictment. Death . And John Martin guilty of Receiving , Transportation .