10, 11. + James Leekey , and William Robinson , of St. Giles in the Fields , were indicted for breaking and entering the dwelling-house of Hugh Gibb , in the night-time, and stealing two silk gowns, value 4 l. 10 s. a pair of stays, value 1 l. 10 s. a petticoat, value 1 l. a pair of silver laced shoes, value 15 s. a shirt, value 10 s. a sheet, value 2 s. and a waistcoat, value 1 s. the goods of Hugh Gibb , in his dwelling-house , April 17 .
Mr. Gibb was called, but did not appear.
Joseph Uptabake . Mr. Gibb, at Hick's-hall, said he would not be sworn upon a book; that he was a Scotchman, and it was a matter of conscience to him, and desired to be sworn by holding up his hand, but the Grand Jury would not agree to it, so his name was scratched off the bill. One night, I can't tell when it was, within these 5 or 6 months, the prisoner and I went to Mr. Gibb's, and finding the door upon the latch, we opened it, and went in, forced open the parlour door, and brought several things out of the house, there were gowns, a pair of stays, a pair of silver laced shoes, and several other things; we carried them to this Elizabeth Cane , she looked them over, and gave us 50 s. for them. - I believe we asked her about 4 l. but we were always willing to ask her enough, because we knew she would give us little enough: she has been endeavouring, since I have been in prison, to stifle my evidence.
Q. How long is it since this was done?
Uptabake. About 6 or 7 months, but I can't tell the day of the month or week. - I know it was between 9 and 10 o'clock, it was pretty dark.
There being no other evidence upon this indictment but the accomplice, the prisoners were acquitted .