Offence: Theft > burglary
Verdict: Guilty; Not Guilty
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+ 1, 2. Alexander Afflack and John Lowdon , of St. James, Westminster , were indicted for breaking and entering the Dwelling-house of Andrew Stock , about 8 at Night, and stealing 12 pair of silver Shoe Buckles, 3 pair of silver Knee Buckles, 60 pair of Pinchbeck metal Buckles, 4 Gold rings set with doublets, 5 silver Stay hooks set with Bristol Stones, 1 Gold Ring, 5 Gold Rings set with Garnets, 50 Pinchbeck Metal Rings, 2 pair of Chrystal Buttons set in Gold, 36 silver Thimbles, 20 Pinchbeck Metal Thimbles, a Pocket Book, one Ivory Pocket Book, a Tortoiseshell Pocket Book, an Egyptian Pebble Snuff-Box, a silver Coral with 8 Bells, 1 silver Stock Buckle set with Bristol Stones, and 5 Glass Smelling Bottles with Pinchbeck Metal Collars and Stoppers, the Goods of the said Andrew Stock , Jan. 15 .
Catherine Stock . On the 15th of Jan. about 8 at Night, I was sitting just by my Parlour-Door with a Child in my Arms, and saw three Persons pass by the Shop and look in very often. I had 3 Shew Glasses standing within the Window, and in a few Minutes I saw Afflack put his Hand on the Window Frame. I did not see it lift up then, but presently I saw him draw the Shew Glass away, in which were all the Goods mentioned in the Indictment, and a great many other Things that I can't recollect. It stood within the Window, and the Shop Door was bolted.
Mrs. Stock. Lowdon acknowledg'd before Mr Deveil that Afflack was the very Person that carried them off; that the other Person was one Smith, and that he (Lowdon) had sold my Goods to 2 Jews in the City for 15 Guineas.
Pris. Q. Where was you when the Shew Glass was taken away ?
Mrs. Stock. I sat just at the little Door that opens into the Parlour.
Pris. Q. You have sworn to Afflack, did you know him before he was taken up?
Mrs. Stock. I never saw him before that Night, but I look'd so earnestly at his Face, that I knew him when I saw him again.
Pris. Q. How came you to discern so particularly as to distinguish Afflack ?
Mrs. Stock There was a Lamp at the Door, and a Candle in my Shop, and I sat with my Face towards the Shop.
Q. Are you a married Woman?
Mary Westbury . I was going to Mrs. Stock's with a Child's Coat and Skirt, and saw Afflack standing with his Hand upon the Post by the Door, and another Man in a blue Coat with his Back against the Wall.
Q. Did you hear Mrs. Stock complain of being robb'd?
Westbury. I was not in her House then, but my Mistress went to her, and Mrs. Stock told her she had been robb'd.
Pris Q. Did Mrs. Stock enquire of you whether you had seen any Body about her Shop?
Westbury. Yes, and I described Afflack and another to her, but I saw three Men in all.
Pris. Q. Has not one Burt had some Talk with you about this Affair?
Westbury. Burt never said any Thing to me about it.
Mr. Deveil The Evidence of Mrs. Stock and the young Woman (Westbury) is verbatim the same as before me. Mrs. Stock then swore positively to Afflack, but as to the Confession of Lowdon, he said he knew who had taken the Goods, but did not say that he was there.
William Stapleton . I was at Mr. Deveil's when the Prisoners were examined, and heard Lowdon say he was concern'd in taking the Shew Glass away, and Afflack and another Man were likewise concern'd in carrying it off; Lowdon mentioned something of a pair of Silver Buckles which the other Man took away with him.
Q. to Mrs. Stock. Do you remember any Thing that was declar'd by the Prisoners before the Justice?
Andrew Stock . In Regard to the shutting of the Shop, I shut it myself, and when the Prisoners were before Mr. Deveil, Lowdon was willing to be made an Evidence, with this Proviso, that I should have my Goods again. He accordingly inform'd me that they were sold to two Jews, Aaron Polock and Moses Brew , who lived in Shoemaker Row, near Aldgate, and that he ( Lowdon ) had 15 Guineas for his Part of the Goods. Upon this I got a Warrant and proper Assistance to search, but did not find any of them again.
Q. Did Lowdon confess the selling your Goods to those Jews?
Mr. Stock. Yes; he said he had 15 Guineas for his Share, but they sunk some of them, and the Jews had got every Skin of them, (that was his Expression ) and the other Man (Smith) had got a pair of my Buckles with Roses and Diamonds in his Shoes.
Q. Where did he tell you this?
Mr. Stock. In the back Room - not in Mr. Deveil's hearing.
Mr. Deveil. Mr. Stock declar'd before me, that nothing that Lowdon had said should hurt him, except he was admitted an Evidence.
Mr. Stock. I made no such Proposition to him: Mr. Deveil mentioned it to him, but I did not. Mr. Deveil said, you shall be admitted an Evidence, with this Proviso, that Mr. Stock can get his Goods again.
Mr. Stock No, I did not, because I was in Hopes of having my Goods restor'd to me.
Edward Simpson . About a Quarter after 8 at Night, I saw 3 Men at the Back of Burlington-Gardens, I heard one of them say, Why don't you help him up with it? and then they went off, and left an empty Shew-glass behind them. As to their Persons, two of them were pretty short Men, and it being dark, two of them seemed to be in blue Coats, and the other was in a white Coat.
John Burt . I went in the Coach with the Prisoners from Mr. Deveil's to the Gatehouse. Afflack denied that he knew any Thing of the Affair, but said to Lowdon, John! make yourself an Evidence, save your own Life and don't mind me, for I am a dead Man.
Afflack I told him the Woman had sworn wrongfully against me, and he might do the same. On Sunday Morning was three Weeks, I was taken out of my Bed, and carried to Mr. Burt's House. They fetch'd six or seven Quarterns of Gin, and Jack Burt ask'd me to be an Evidence; I told him it was not in my Power, upon which he pull'd out a long Cutteau Knife, and swore he would keep me in the House till he hang'd me, unless I would make myself an Evidence.
A Witness. I being Watchman to Mr. Burt, he charged me to assist him with these Prisoners down to the Gatehouse; and I heard Mr Afflack say to Lowdon, make yourself an Evidence, and put me in the Information to save your own Life!
Sarah Bradbury . Mrs. Stock came to my House about six Weeks ago, and asked me for the Constable. I told her I was his Wife, and called him to her. He asked her what she came about? and she told him she was recommended to him by Justice Trent. She said she was undressing her Child in the back Room, and heard the Sash throw up. She then threw the Child out of her Arms, and ran into the Shop, and saw no Body at all; that she immediately went to her next Door Neighbour and told him the Story; and they went away together to Justice Trent, who recommended her to my Husband.
Q. Did she talk very loud to your Husband?
Bradbury. She talked so loud that six or seven People more in the House heard her, and I have them all here. She said after the Glass was taken away she saw no body.
C. That she says now.
Bradbury. She told my Husband, neither before nor after.
Mrs. Stock. I never was before Mr. Trent in my Life.
Mr. Stapleton. I am next Door Neighbour to Mrs. Stock, and when this Robbery was committed I was not at Home. I never was before Mr. Trent.
Mr. Stock. It was I that got the Warrant from Mr. Trent myself.
A Witness. I was at Bradbury's when Mrs. Stock came in, she told him she was recommended by Justice Trent, and that she had lost her Shew-glass, but she was in the back Room dressing the Child, and could not see any Body. Why then (said Bradbury ) how can I take them, if you can't describe them to me?
- Ship About six Weeks ago, I happen'd to be drinking at Bradbury's after I had done Work, and a Woman came in and said she had lost a Shew-glass. He asked her where she lived? she said over-against Major Foubert 's, and that she had no Warrant, and did not know the Men.
A Witness. I was drinking a Pint of Beer at Bradbury's, and a Woman came in, and said she had been robb'd of a Shew glass; and she said that ( as how ) she was in the back Room dressing the Child. - I did not hear Justice Trent named, for I gave no Ear to it.
A Witness. I come for that Gentleman, Mr. Flack. I was at Bradbury's when the Woman came in, and he asked her if she knew the Person that stole the Shew-glass; she said no, for she was in the back Room undressing the Child.
- Bradbury. This Gentlewoman came to my House, and said she had been robb'd of a Shew-glass worth 40 l She said she did not see any Body in any shape whatever, and that Mr. Trent recommended her to me.
Afflack Guilty Death . Lowdon acquitted .