Offences: Theft > burglary; Theft > receiving
Verdicts: Guilty; Not Guilty
17, 18. Edward Spaul , alias Spaw (was a 2d time) and Michael Shaw , were indicted for breaking and entring the House of Elizabeth Webb , in White-Chappel Parish, and stealing 2 Porridge-pots, 2 Sauce-pans, 1 Srew-pan, a Waistcoat, 3 Aprons, and some old Rags, April 21 . between 11 and 12 at Night .
Elizabeth Webb . I live in Goodman's-Yard in the Minories , I have a Wash-house joining to my Dwelling-house; I went to Bed about 10 at Night, and left every thing safe; but when I got up in the Morning, part of my Wash-house was untiled; I believe there might be 12 or 14 Tiles taken off; I lost 2 Porridge-pots, 2 Sauce pans, a Srew-pan, a Waistcoat, 3 Aprons, and a Bundle of Linen Rags, which was put in one of the Pots. The outside Rag (in which the others were wrapt) was a Rag I had used about the House so many times, that I knew it to be the same I had lost as soon as I saw it. I found it again (and it was all that I found) at the Prisoner Warfield's House, in a back Lane by Rag-Fair, over-against the Hog-house.
James Tripland . I was drinking with Spaul and Shaw, at the Black-Boy in Well-street, till 11 at Night, and from thence we went together into Goodman's-Yard; there was a Place pailed in, where some Houses were building; Shaw got over the Pails, and then handed a Ladder over to us, by the Help of which we got over too, and pull'd the Ladder after us, and raised it up against the Side of the Dwelling-house. Our first Design was to steal Lead, but it stuck so hard, that in pulling it up, some of the Mortar sell thro' into the Wash-house upon the Brass Porridge pots, which we perceiving, we thought the Pots would be a better Booty than the Lead, and so we untiled Part of the Wash-house, and put the Ladder in, and Spaul went down, and brought the Goods up to us. When we had got what we thought convenient, we haul'd the Ladder up, and set it again against the Pails: Spaul went over first, and I and Shaw handed the Things to him, and then followed; we carried them all to Warfield's House; her Husband keeps a Smith's Shop, but I have no Acquaintance with him. We knock'd at the Fore-Door, and a Man within (I don't know who he was) bid us go to the Back-Door, which we did; you go down Steps to the Back-Door. Sarah Warfield open'd it to us; I and Shaw handed the Things down to Spaul, and he gave them to her.
Court. Had you any Light? Could you see her Face? Tripland. Yes, there was a Candle on the Steps, and I knew her before. At 7 the same Morning I was taken up at the Black-Boy in Well-street, and sent to Newgate; and that Afternoon Spaul and Shaw came to me there, and gave me 3 s. 6 d. for my Dividend, and told me, a Groat more would have come to my Share, but they were oblig'd to spend 1 s. at Warfield's House when she paid 'em the Money. From Newgate I was remov'd to Clerkenwell, when I was made an Evidence. A Warrant was afterwards granted to search Warfield's House, and I went thither with an Officer.
Court. Did you find any thing? Tripland. No. Court. Was the Prosecutrix there then? Tripland. No, she had been there before.
Prosecutrix. I went by myself, and picked out a Rag that was mine from a Heap of other Rags that lay in a Corner of the Room Up-stairs, and every thing look'd so miserable, that I did not expect to find any thing else there that belong'd to me. Court. Have you got it here? Pro. No, they said I should but be laughed at for bringing such a thing hither. Court. They were mistaken, it was very proper to be produced, if you could swear to it. Pro. Yes, that I could safely, I knew it in particular; for I had dry'd my House with it many and many a time.James Rolfe went thither directly; when we came to the Door, to prevent Suspicion, I hipp'd to Rolfe, who, on purpose, walk'd at a little Distance from me, and told him he ow'd me a Dram; we went in, and call'd for a Quartern, and after that, for another. The Prisoner was then there, and several others, he answer'd the Description that Lightfoot had given me; but I was not sure that it was he. By and by one of the Creatures call'd him Mick! Mick ! says I, what have I got a Name sake here? My Name is Mick too, here's to you Namesake sure we are not Namesake's in the Surname too? My Name is Michael Hodson ! No, says one, his Name is Michael Shaw ; then I found I was right. Soon after this he went and sate in one of the Womens Laps, and said, Give me a Kiss, for I am a going, and having kiss'd her, he went out. I paid my Reckoning, and said, I must go too; but when I came into the Street, he was got out of Sight. I went in search after him, till I was weary, and was returning home, when accidentally I saw him again, he perceiving I took Notice of him, ran down Blue-Anchor-Yard, and I after him; but he was so faint with running, that he drop'd down by the White-Swan Alehouse, and there I took him, and then Webb came up to me.
Shaw. I never saw Tripland but two or three times. I was taken on Lightfoot's Information, but when Tripland heard of it, he charged me with this Robbery.
Spaul. I was taken with Lightfoot, and as soon as Tripland knew it, he swore he would hang me if I had a thousand Lives.
Shaw. Fleming told me that he himself was concern'd in this Burglary along with Tripland.
Fleming. No, I said I saw Tripland in the Evening, but where he went afterwards I cannot tell, for I was in Prison then.
Justice Philips. Shaw, as he says, was not taken up for this Burglary, but on Lightfoot's Information, for breaking a House in Petticoat-Lane.
Michael Hodson . I have known Sarah Warfield these 14 or 15 Years, she bore an honest Character, and I never heard that she was suspected of buying stolen Goods, nor do I think she would be guilty of such a Thing
Fleming. I have heard Tripland say, that the Goods were sold in Petticoat-Lane.
Court. Tripland don't say now that they were sold to Sarah Warfield , but that she receiv'd them. He tells you, that he was taken up by 7 o'Clock the same Morning, and that in the Afternoon, Shaw and Spaul brought him 3 s. 6 d. for his Share.
Justice Philips. Tripland told me, when I granted a Search Warrant, that he hardly expected to find any of the Goods at Warfield's, for it was her Custom to carry 'em out of the House, and sell them as soon as she receiv'd them.
Fleming. Tripland told me, that when they carry'd the Goods to Sarah Warfield's House, he did not see her, but only her Husband.
Tripland. Where did I tell you so? Fleming. At Bridewell. Tripland. I never said any such Thing. The Jury found Spaul and Shaw Guilty . Death . And acquitted Warfield.