Benjamin Jones , was indicted for breaking and entring the House of John Beasly , and stealing a Silver Ladle, a Silver Cup, a Silver Taster, 4 Moidores, 8 Broad-pieces, and 29 l. 14 s. on the 28th of January , in the Night .
The Witnesses thus depos'd. The Prosecutor keeps a Distillers Shop , the Black Boy and Still, in Clare-Market ; his House was broke open in the Night, and besides the Plate and Money in the Indictment, a Parcel of Bills, and Notes of Hand, for upwards of 350 l. were taken away. Among these was a promissory Note from Mr. James Jones , to Mr. Jacob Tonson . The Prosecutor therefore sent Word to Mr. Jones of his House being broke open; that if such a Note was brought to him, he might secure the Bearer. The Prisoner who lodg'd in Little-Britain , was observ'd to live very irregularly, and sometimes to appear in 2 or 3 different Suits in one Day, without having any visible Means of maintaining himself in such a Manner. Mr. Jones, who was the Prisoner's Neighbour, took particular Notice of his coming home drunk, about 7 a Clock that Morning the Burglary was committed. And some other Circumstances concurring to raise a Suspicion of the Prisoner, he was apprehended. Some of the stoln Plate was found in his necessary House; and a piece of an Iron Bar in his Chamber, the other broken part of which was left in the Prosecutor's Cellar. The Prisoner was drinking in a Coffee-House near the Prosecutor's, till Mid-night; which was about two Hours before the Burglary; for betwixt 2 and 3 a Clock that Morning, the Prosecutor's Drawer was found in Lincoln's-Inn-Fields.
The Prisoner thus made his Defence. I left the Coffee-House in Clare-street about 12 at Night, I was drunk, I crost the Way, and betwixt Mr.Cross's Ware-House, and the Fishmongers; I stumbled over something, and being just under a Lamp, I lookt about and saw lying there, the Plate that was found in my Vault, and the Piece of Iron that was found in my Chamber. From whence I went to Drury-Lane, and pickt up a Blackamoor Woman, and from her I went to the Night-House, and so home to my Wife in the Morning. Guilty . Death .