Offence: Theft > burglary
Verdict: Guilty; Guilty > with recommendation
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495, 496. + Edward Madder , and Thomas Clack , of St. Mary Whitechapel , were indicted for breaking and entering the Dwelling-house of John Clack , between the Hours of 1 and 2 in the night, and stealing 31 Cloth Coats, val. 30 s. 23 Cloth Wastcoats, val. 20 s. 13 Pair of Cloth Breeches, val, 5 s. 13 Cloth Jackets, val. 10 s. 6 Linnen Shirts, val. 12 s. 1 Pair of Leather Breeches, val. 1 s. and 3 Linnen Shifts, val. 3 s. the Goods of John Clack, September 17 .
John Clack. My Place was broke open the 17th Day of last Month, while I was a-bed. When I arose, I was in a great Fright to see what was done; I found the Door broke open, and I am very sure it was shut fast, and double-locked over Night, with a Padlock on the outside, and a good Stock-Lock on the inside. These Men will make you sensible that I found a great many of my Goods again, though not all. The Goods which are here are mine, I am on my Oath, and I would swear a hundred Oaths that they are mine, and that I lost them at that Time, for I left them in my cellar when I went to Bed. The Prisoners were taken the same Morning at this Man's House; there were four of them, but one is made an Evidence, and the other is got away. When they were apprehended, they owned that they had a Hand in breaking my Place open, and here is the Adz they did it with. There is a Woman, who is out on Bail, has got part of my Goods, and when I was called out of Bed, I went with the Officers to her House, suspecting that the Man, who got away, was there; we desired the People of the House to open the Door, but they said they could not find the Key, and kept us on the outside a Quarter of an Hour before they would let us in, and in that Time I imagine they let him out. When we got into the House, I found a Wastcoat of mine, and a great many other Things tumbled down the Stairs, and those I took away. I have been very badly used, for they have taken away my Substance, and ruined me.
Prisoners. Will he swear that we did it?
Clack. No; I can't swear that any one of them did it, but here is their Accomplice.
Charles Wood . I was drinking last Wednesday Night was a Month, at Mr Phillip's Gin-shop in Rag-Fair, and this Man that is run away, and the Prisoner, asked me to go out with them. We went to the Prosecutor's, and the Man who is gone broke the Door open with this Adz, there were two Locks to it; I stood by while he did it; the biggest of the Prisoners went down into the cellar, and brought up the Goods, and that little Man and I carried some of them to Harman's House, and some to Mrs Carlow's, who is out on Bail. When we went to Harman's House, he said he would fetch us some Bread and Cheese, and Beer; but instead of Victuals he brought the Watch and Constable.
Prisoner Madder. Ask him, whether he did not come to me when I was asleep, and bid me get up?
Wood. No, I never saw him asleep at all.
Valentine Harman . The 2 Prisoners, the Evidence, and one more, came to my House on the 17th of September, between 1 and 2 in the Morning; each of them had his Arm full of Clothes; I asked them where they had them, and they made me no Answer; I tapp'd the least of the Prisoners [Clack] on the Shoulder, and he told me that they had them from Rag-Fair, and were going for more: they went away, and I called my Neighbour up, and told him that I believed the Things were stole. He came with me, and when they knocked at the Door, I shut him into a closet that they might not see him; they came in, and laid down their Bundles, and said one to another, Let us go to Carlow's, and fetch the Things from thence, for there are as many there, as there are here; they were going again, but that little Man said, let us have some Victuals and Drink first; I told them, if they would go up Stairs into my 1 pair of Stairs Room,
Clack. The Goods which were at Harman's, were brought to the Watch-house to me, and I knew them to be mine, and what I lost that Night.
Thomas Revel . I was the Constable. Between one and two in the Morning, Harman called me out of Bed, and said, that he had got some Goods which were left at his House by Thieves. I went home with him: He shewed me as many Things as a Horse could carry, and on going up Stairs, I saw the 2 Prisoners on one Bed, and the Evidence on another. I took hold of the Evidence, and after we had searched him and the Prisoners, and found nothing on them but this Adz, we sent them to a little Place we have, called the Bail-Dock. There were as many Cloaths afterwards brought to the Watch-house, as would load a Horse, they were shewn to Clack the Prosecutor, and he owned them. The Prisoners confessed before the Justice, that they had been into the Man's Cellar.
John Man . I am a Watchman; and going to beat my Rounds, Harman came to me, Jack (said he) I want a Constable, for some Fellows have brought Goods to my House, which I believe are stole; I got an Officer, and went to his House, where I saw these Men, and a great Quantity of Cloaths. We secured them, and went to Carlow's, and brought the Goods away which were there.
Prisoner Madder. These Men came to me while I was asleep, and asked me what I did there; I told them, I was just laid down because I had no Money; they bid me get up, and go with them. I did so, and stood off at a Distance; they brought out Cloaths, and I took them; we carried them to this Man's House, and they said, they did it for fear the Beadle should take them away. I never was in a Prison before.
John Cundell . I knew the Prisoner Madder's Friends very well, and never heard any Harm of him. His Father kept the Woolpack at St. Edmund's Bury , and was a very honest Man; the Prisoner is but lately come to Town.
Mary Cundell . I have known him from his Infancy, and always thought him a very honest, just Boy. I know his Friends to be very honest. He was brought up to no Trade, but sent to Sea; I believe he might be out 2 Years, but I don't know in what Manner he has lived since he was at Sea. He brought me a Letter them his Mother about a Year and half ago, and I have never then him since till now. I received another Letter from his Mother about three Weeks ago, but she takes no notice of him in it, any farther, than that he was come up to Town.
A Witness. I knew the Prisoner Madder at Bury, and his Father and Mother were very honest People. I was told that he never was in the Man's cellar.
Accomplice. He entered the House with us, and helped us to carry the Goods to Harman's House.
The Jury found both the Prisoners Guilty , Death ; but desired the Intercession of the Court, that Madder might be transported .