John Lupton, Theft > housebreaking, Theft > burglary, 14th May 1741.

Reference Number: t17410514-11
Offences: Theft > housebreaking; Theft > burglary
Verdicts: Guilty > theft under 40s; Guilty
Punishments: Death

11. * John Lupton of St. Andrew Holbourn , was indicted (with Alexander Flack not taken) for stealing a Silver handled Cup, value 3 l. and a Silver Spoon, val. 10 s. the Goods of William Zachary in his Dwelling-house ; Feb 26 .

* The Prisoner was tried last Sessions on 2 Indictments for Burglaries.

John Lowther . About 10 Weeks ago, the Prisoner and I and Alexander Flack went out with an Intent to go a-thieving. We went to Mr. Zachary's House in Fisher's Court, Red-Lion Street , between 8 and 9 at Night, and took out of the Beauset in his parlour, a Silver Cup and a Spoon. I was in my Shirt, and ran with them to Jervis Trueman 's at Fleet-Ditch, and asked him if he could purchase them; he said he could not, but would help us to one that would, and we sold them to one Tom Cummins at Fleet-Ditch for 35 s. and gave Trueman eighteen pence for his Trouble. We all 3 looked into Mr. Zachary's House, and they said the Chance was haddy and only 2 Children were in the Room, so they staid without to tip me Peter, and I went in and took the Goods.

Prisoner. Did not Trueman come to you and desired you to swear against me?

Lowther. No, he never did.

Prisoner. Why did not you come against me when I was here before?

Lowther. Because I was afraid of being taken.

Jane Zachary . On the 26th of February between 7 and 8 o'Clock, I was out for 7 or 8 Minutes, and when I came Home, my Child told me, a Man had run away with the Cup. Guilty 39 s.

He was a 2d Time indicted (with Alexander Flack not taken ) for breaking and entering the Dwelling-House of Matth.ew Wheeler about 9 at Night, and stealing a Silver two handled Cup, val. 4 l. a Silver Mug, a silver Spoon, a silver Pepper-box, and a silver Punch-ladle , the Goods of the said Wheeler ; March 29 .

Matthew Wheeler . On Easter Sunday last I went out of my House about 6 in the Evening, and returned at 8. I went down into the Kitchen to Supper, and after Supper my Wife and Daughter went up Stairs into the Parlour to set some Tea Things away, and they had no sooner opened the Door but they both made an Outcry: I started out of my Chair, and my Daughter met me in the Entry and said I was robbed. I went into the parlour, and found the outside Window Shutters open, the Sash lifted quite up, and the Blind laid on a Bureau which stands near the Window. Upon this I searched the Beauset and missed a Winchester Quart two handled Cup, a Winchester pint Mug, a pepper-box, a large Spoon and a Punch Laddle, all which I am certain were safe at 4 o'Clock that Afternoon. When I came Home at 8 o'Clock that Evening the Window Shutters were pulled to, but not fastened and the Blinds were bolted, and when I went into the Room they were wide open, and a silver Spoon lay on the Floor. On the Sunday after this happened I advertis'd what I had lost, with a Reward of four Guineas for any Person who should inform me of them , and on the

Monday Morning about 11 o'Clock, a Woman brought me a Letter from Newgate, the Contents of which were, if I would come there, I should be put in a Way to get my Goods again: I took a Friend with me and went to Newgate and the Prisoner was brought to me as the Author of that Letter. When he saw me he fell into a sort of a whining Cry, and on his Knees desired I would admit him an Evidence, and he would declare the whole: whereof I took Pen, Ink and paper and took his Confession, but it did not answer to what I have found out since. He confessed that himself, Flack and Lowther, were concerned together; that Flack went into the Room, Lowther stood at the Window, and himself stood Peter; I suppose he meant that he stood to watch. He told me that he lighted the Candle at a Chandler's Shop just by, and put it into the Dark Lanthorn himself. He likewise told me that the plate was sold to one Brown, but on my making Enquiry no such Person was to be found; and he said he believed his Companions had sunk some of the Plate, for he heard it rattle in their Pockets, and on his asking them what it was, they told him, it was a Tobacco-box.

Prisoner. I don't know that ever I saw this Gentleman before.

Daniel Owen . I went with the Prosecutor to Newgate , and the Prisoner said that he with Lowther and Flack broke into the Prosecutor's House on Easter Sunday at Night, and took some Plate, but he only saw a 2 handled Cup, and something else, for they had sunk the rest on him.

John Lowther . The Prisoner, and I and Flack went out between 8 and 9 at Night on Easter-Sunday. I went before and pulled open the Window Shutters of Mr. Wheeler's House; - it is in Denmark Court in the Strand: Flack pushed up the Sash, and then there was a Blind which was bolted , and we could not undo it for a long Time; but at last Flack got it out, and put it on the Top of a Bureau. Then we shut the Window to, and sent the Prisoner to the next Door to light a Candle. When we had got a Light, Flack went in, but a Woman coming out of the Chandler's with a Candle, we put the Shutters to again, and after that Flack took a silver 2 handled Cup, a silver pint Mug, a Spoon, a pepper-box and a Punch Ladle, and the Prisoner not minding the Woman who came out of the Chandler's Shop, Flack flew into a Passion with him, and swore he should have none of the Money because he did not blow the Woman's Candle out. We should have taken other Things out of the House, but we let a Spoon fall on the Floor, and thinking that alarm'd the People, we all ran into the Strand and got a Coach, and directly went to Mrs. Bower's, the Ship in Rag Fair. When we came to Bower's we enquired for Betty Hope , but she not being on that side of the Town, we found out Jane Johnson , and she was not willing to buy any thing before the Prisoner or me, and so she and Flack went into another Room: Flack presently returned, and said he had made a Bargain for four Pounds; but we told the Prisoner we had no more than a Guinea and an half, and so sunk all the rest.

The Prisoner having nothing to offer in his Defence, nor any Witnesses to call, the Jury found him Guilty of the Indictment; Death .


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