24. Ebenezer Dun , was indicted for breaking and entring the House of Sarah Loyzada , and stealing 4 Pewter Dishes, a Stew-pan, a Sauce-pan, and a Coffee-pot, Nov. 22 . about the Hour of One in the Night .
S. Loyzada. I live in Castle-Yard in Houndsditch . On Tuesday last was a Fortnight, I made my House fast, and went to Bed. The Watch call'd me up about 1 in the Morning, I found my Kitchen Casement taken off, and miss'd 4 Pewter Dishes, a Stew-pan, a Sauce-pan, and a Coffee-pot.
John Owen , Watchman. I beat my Round at 12 a-Clock, and found all safe at the Prosecutor's House, and then I return'd to my Stand, and as I was talking there with my Comrade, a Fellow came up, and ask'd me to let him have a bit of Candle for a Half-penny? What to do? says I. To light me home, says he. So I let him have a bit; but knowing him to be a loose Chap, and where he liv'd, I watch'd him, and saw he went the contrary way. Thinks I, here's some Roguery in hand, so I and my brother Watchman follow'd him at a Distance. He turn'd down Castle-Yard. I left my brother Watchman at the End of the Yard to secure the Passage, and went down softly after the Man. I saw the Casement of the Prosecutor's Kitchen-window unhung, and presently the Prisoner, and the other Man, came out of the Street-door with the Candle in his Hand. You Rogue you, says I, did I lend you the Candle to do this? With that he flung the Candle in my Face, and run to the Gate. The Prisoner had this Stew-pan, and this Plate ty'd before him thus, in this Wrapper. I seiz'd him, we struggled, and the other Rogue return'd, and they both beat me, and then they both run away. I follow'd 'em, and saw the Prisoner turn down Woolpack-Alley, and the other down Angel-Alley, which was a Thorow-fare, and so is Woolpack-Alley in the Day time; but I had lock'd up the Door at Night, so that I knew the Prisoner could not get through. I call'd for help, and we follow'd him. There's a Parcel of old ruined Houses and Rubbish in that Alley, where I suppose he hid himself, for we could not find him. But we set a Watch against the End of the Alley, and in about half an Hour he came out, and turn'd towards Aldgate. Says my Master, There's a Man come out, is that he ? Yes, says I, this is the very Man that came out of the House with the Stew-pan before him.
John Marshal , Constable. Hearing that the Prisoner was run down Woollpack-Alley, I set a Watch at the End, and went to see the House in Castle-Alley which was broke open. When I came back, one said to Owen ; There's a Man come out, is that he? Yes, by G - d, says he, that's the Man!
Prisoner. I was not near the Place when the House was broke open, but I had been at t'other End of the Town, and in my Way home thought to go thro' Woollpack-Alley, but finding the Door lock'd, I turn'd back, when a Watchman cry'd, Who goes there? I said, a Friend: Says the Watchman, Here he is, Who do you mean? says I. Is this the Man? Says another. I believe so, says Owen, and with that they carried me to the Watch-house.
* In September last. Vide Sessions Paper, Numb. VII. Part II. Page 223.
William Byrom . I live in Corbet-Court, Spittle-Fields. I work at Mr. James's at the Double Chair on Tower-Hill, and in my way home I saw a Crowd about the Watch-house, and went in. The Prisoner being then in Custody, the Constable asked Owen, if he was positive that the Prisoner was the Man that he first laid hold on? And, says Owen, I can't swear it, but I believe him to be the Man. Then the Constable proffered to take the Prisoner's Father's Word for his Appearance, but somebody saying that the Prisoner had been tryed for stealing a Watch, would not take such Security,
Owen. I never said I only believ'd it, but I swore it positively.
Constable. I did not hear him say any such Word as believe.
The Jury found him Guilty . Death .