John Dyer , and Abraham Dumbleton , of St. James's Westminster , was indicted for breaking the House of Henry Topping in the Night-time the 16th of August last, and stealing 20 Yards of printed Linnen, also Russia Linnen, and other Goods, to a considerable Value . The Prosecutor deposed, that his Shop was broken, and the Goodstolen, and that he found Part of them at one Mr. Hodgkins's.
Mary Hodgkins depos'd, That Margaret Dyer Wife to John Dyer , brought two Gowns made of the printed Linnen, which the Prosecutor own'd to be his Linnen, and also Sheets, which he own'd likewise to be his; and that Dumbleton's Wife was with Margaret Dyer when she came to her with the Goods.
Henry Cole depos'd That himself and the two Prisoners did break the Prosecutor's House between 2 and 3 a-Clock in the Morning, the Day laid in the Indictment; that he cut a Hole in the Shutter, put in his Hand, took out a Pane, opened the Shutter went into the Shop, handed the Goods out to Dyer and Dumbleton, who stood on the outside; that they carried the goods to a Turning where were some Logs, where they emptied the Bag and went again and fetch'd more; that they carried the Goods into the Fields, leaving Dyer to look after what they had left; he and Dumbleton carried each a Bundle to Dyer's House; that the Prisoners Wives had each a Gown made of the Prosecutor's Linnen. The Prosecutor swore the Linnen to be his, and Sheets made of Russia Linnen to be his. The Prisoners deny'd the Fact, and Dyer pleaded that Henry Cole had sworn against him out of Malice, because he being at that time a Prisoner in Newgate, he liv'd with his Wife, and he was afraid that if he got out he would be prejudicial to him. Cole did not deny but that he did cohabit with Dyer's Wife, but swore, after he did come out of Newgate they were very familiar together, and did commit several Robberies together besides this. The Fact being planily prov'd, the Jury found them both guilty of the Indictment. Death .