Offence: Theft > burglary
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Thomas Ward and John Davis , of St. Dunstan's Stepney , were indicted for breaking open the Dwelling-House of Nathaniel Ash , on the 2d of May last, in the Night-time, and taking thence a Copper Cover of a Pot, and a Brass Cover of another Pot .
The Prosecutor depos'd, That missing the two Covers, and finding his House was broke open, the Windows-Shutters being taken down which he had fastened but the Night before, he suspected the Prisoners, and searching Ward's House he found Davis in an empty, cutting part of his Leaden Cistern, which was taken from his House but not mentioned in the Indictment; and that he found in the same Room his 2 Potlids or Covers; at which Time Davis confess'd that he and Ward broke open the Prosecutor's House, took the Goods, and would have taken all the Goods in the House, if they had not been prevented; this he likewise confess'd before a Magistrate.
Mr. John Bromley , Mr. Francis Bromley , and Mr. Grange, all depos'd, That they were present when they were taken; that Ward confess'd the Fact, and directed them where they found Part of the Cistern; but as to Davis, who was taken in another Room in the same House, where he had got under the Bed, he did not confess the Fact, yet his hiding himself when the House was search'd, and the Cistern being too large and heavy to be conveniently brought away by Ward himself, the Jury were of Opinion that they were equally concerned, and according brought in their Verdict, that they were both Guilty . Death .