20. Jesse Walden , of St. Mary White-chapel , was indicted for breaking and entering the dwelling House of Thomas Law , about 2 at Night, and stealing a brass Stewpan, val. 2 s. 2 brass Sauce-pans, val. 2 s. a pair of leather Shoes, val. 4 s. a camblet Cloak, val. 6d , the Goods of the said Thomas Law , December 13 .
Thomas Law On the 13th, of December, my Doors were bolted between 9 and 10 in the Evening, and then I went to Bed. I got up about 6 the next Morning, and found my outer and inner Doors both open, and miss'd the Goods mention'd in the Indictment out of my House.
Q. How came you to suspect the Prisoner?
Pris. I desire he may be ask'd, whether any Body lay in the Apartment that was broke open?
Law. It is a Place that is inclosed with Windows and Shutters in the Night-time.
Q. Is there any Communication between your House and this Place?
Law. Yes, there is a small Passage that leads from that to my House.
Q. Do you dress your Victuals in this Place?
Law. Yes, and upon Occasion I can lye there as well as any where : I never eat any Victuals but in that Place.
Pris. How far is it from your Dwelling Apartment?
Law. As far as it is from hence to the Bench .
Pris. Have a great Caution for my Life is at Stake.
Law. I don't think it is a Yard over or under .
Pris. Ask him if the Thief-catchers never prompted him to say his House was broke open for the sake of the Reward.
Law. No, they did not.
Joseph Davis . The Prisoner and I had been several Times to break open this Man's Apartment, but the Moon shining so bright, we were afraid to do it. On the 13th of December, we both went to a Brandy-shop, the Corner of Gravel-lane , and got almost fuddled, and then, we resolved to do it. I help'd him over the Wall, and then he open'd the Back-gate to me that leads into Bell-Alley, and as soon as I came in, he broke open the Place, and we took away a Stew-pan, 2 Sauce-pans, a Pair of new Shoes, a Pewter Dish, and a Cloak and Riding hood.
Prisoner. He says there was a Riding-hood and Cloak, and the Prosecutor deposes only a Cloak.
Davis. There was a long Cloak and a Head upon it.
Law. I lost the Head of a Riding-hood with the Cloak, but they were not fasten'd together.
Prisoner to Davis. Did I see the Shoes.
Davis. He gave them into my Hands, and I delivered the same Shoes to the Prosecutor.
Guilty Death .