Offence: Theft > housebreaking
Verdict: Guilty; Not Guilty
68, 69. Christopher Freeman , and Samuel Ellard , were indicted for breaking and entering the Dwelling House of Edward Exton , and stealing thence six Linnen Sheets, a Holland Apron, a Linnen Gown, two Linnen Aprons, a Holland Shirt, two Dimitty Petticoats, a Quilted Petticoat and other Things, the Goods of Jacob Gold , March the 4th .
Elizabeth Exton . The 4th of March I was robb'd of the Things mentioned between 10 and 11 at Night. I was gone up Stairs to make my Bed, and had left my Door latched. I heard a Noise, and came down Stairs, but all the Things were gone: I wash Linnen, and what I lost was the Property of Mr. Gold.
John Haines . Thursday Night, March 4. as I was sitting by my Fire-side, I heard an out-cry of Murder, stop Thief; I live in Angel-Alley, Bishopsgate-street: On hearing the Noise, I ran down Stairs, and saw a Woman had hold of Christopher Freeman , calling him Rogue and Thief. I laid hold of him, and while I held him, up comes Ellard, and says he to Freeman, strike him, punch him in the Guts. Mr. Caddet, (a Neighbour) came to assist me: Ellard would get in between Freeman and me: Says Freeman, you take hold of the Bundle; then Ellard took the Bundle, and I tript up Freeman's Heels, but he sprung up again, and away he ran: Ellard ran too, but Caddet pursued and took him with the Bundle. With much Trouble I got it from him, delivered it to my Wife, and went back to assist my Neighbour. We carried him to the Constable; Freeman made his Escape, but was taken that Day Week, and brought to me: I knew him perfectly. This is the Linnen, that was first taken on Freeman, and afterwards on Ellard.
Exton. And this is part of what I lost.
Judith Wright . I was the Occasion of their being taken. I know the Wife of Freeman, (that Gentleman in the black Wig she sent for me to their House, and I heard him own that he and Ellard, the Butcher , had robbed the Washerwoman in Crutched Fryars , but he told me if I said any thing of it, he would murder me. Bollinbrook, who has been try'd here before, is now in the Yard and heard him.
Freeman. How she talks of my Wife? I never was married in my Life. I had been over the Water for some Silk. I am a Weaver , and coming Home about 11 a-Clock by St. Helen's in Bishopsgate-Street, I went up a Turning to do my Occasions, and there I kick'd against this Bundle.
Prisoner Ellard. I shall prove I was at the Butchers-Arms in Spittle-Fields Market fron 4 to 11 that Night. At 11 I was going to my Lodgings in Angel-Alley, and hearing a Noise, went to see what was the Matter: I found it was Kit. Freeman beating a Woman; he desir'd me to hold the Bundle for him. I never offer'd to go away at all.
Sarah Dan , Sarah Kimbell , Benj. Kimbell , and William Wint , positively swore that Ellard was at the Butchers-Arms from four in the Afternoon till between 11 and 12 at Night, and gave him a good Character.
Freeman, Guilty , Death . Ellard acquitted .