Offence: Theft > burglary
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The Prosecutor depos'd, That he being a Servant to Justice Harwood, Brewer, was obliged to attend in the Brewhouse on the 14th of this Instant all Night, but having Occasion to go home for some Refreshments, he found the Door open, which he had safely lock'd some Hours before, and feeling about he found the Prisoner, and brought him to the Door; that the Prisoner said, Tom, Let me go, but the Prosecutor holding him fast he grew resolute, and endeavoured to force himself away, and they struggled some Time before any one came to the Prosecutor's Assistance.
John Wright depos'd, That he being the Officer of the Night, and hearing a Noise, went and found the Prisoner and the Prosecutor both down in the Kennel, and remembering the Prisoner, who, with others, had that Night cheated him of some Tobacco, he was the more ready to assist the Prosecutor; that he went into the prosecutors's House, and found the Money Drawers had been pulled out, and some Money and a Pack or two of Cards scatter'd about the Shop, and near the Door they found several pick-lock Keys, and a Spoon, which the Prosecutor swore he saw the Prisoner drop at the Threshold of the Door. He said in his Defence, That being in Drink he stumbled against the Door, which was open, and that he knew of nothing further: But the Prosecutor making it appear that he lock'd the Door some Hours before, the Jury found him Guilty . Death .