212, 213 + John Exelby and William Smith were indicted for feloniously breaking the House of Francis and Thomas Caryl, and stealing from thence seventeen Pieces of Shaloon, value 20 l. seventeen Boards , value 18 d. the Goods and Chattels of the above Francis and Thomas Caryl , February 26 .
Q. Have you any Partners?
Q. Was your House broke open at any Time?
Caryl . Yes, my Lord, I apprehend it was the 27th of February.
Q. In what Manner was it broke, Sir?
Caryl . The Side of the Shutter, I apprehend, was pierced , the Shutter was broke, and seventeen Pieces of Shaloon were taken out.
Q. How much was broke?
Caryl. It was about the Size of one of the Panes of the Window, big enough for a Piece of Shaloon to go through.
Court. It was not enough for any Body to get in?
Caryl. No, my Lord.
Q. Where did these Pieces of Shaloon lay? Were they very near the Window?
Caryl. I looked upon it to be as secure a Place where they lay as any Place in my Shop.
Q. How far from the Window?
Caryl. It might be about half a Yard, or a Yard it might be.
Q. How many Pieces were taken?
Caryl. Seventeen Pieces, my Lord.
Q. Do you suppose, Sir, they were taken out of that Hole?
Caryl. Yes, my Lord.
Q. Was there any thing else taken?
Caryl. There were the Boards which they were upon, I put into the Indictment, and one Piece of double Alapeen.
Court. This you say was done in the Night of the 26th; how do you know this was done by Night or Day?
Caryl. My Brother and I came Home together at eleven o'Clock, and we did not discover it till between six and seven in the Morning.
Court . Between six and seven in February, that is but just Day-light.
Q. Do you know who did this Fact?
Caryl . Upon the Loss of these Goods, I sent to the Goldsmiths Company, in order for them to disperse it to all Pawnbrokers that might be likely to purchase them; I had a Person come to me on Saturday Morning, as this was done the Friday Morning, he said he could show me the Person that robbed me, and where he believed I might find some of my Goods. I went to Justice Burdus for a Warrant, and went out on Sunday Morning that I might take the Person in Bed. I went with a Gentleman in Court, and found the Prisoner, Exelby, in Bed; we knocked at his Door, and he came out in his Shirt. He that gave me the Information, likewise told me, that one Mary Lynch was a-bed with him. When he came out to us, we told him we were come in Search of some Shaloons that we had Information he had stolen; we searched the Room, but could find no Shaloon, but we found the seventeen Boards they were wrapped upon.
Q. How came you to go to Exelby's House?
Caryl. A Person came and told me he could inform me not only of the Robbery, but likewise of some of the Goods; so we looked round about the Room, and we found some Camblet, and upon the Bed a black Bag, so we brought these away, and committed him to New-Prison, and this Lynch to Bridewell. The next Morning an opposite Neighbour to the House where we took him, that lodged up two Pair of Stairs, he told us there were some House-breaking Implements laid upon the Support of a Spout, on the Outside of the Window of Exelby's Room; there we found a large Chissel of Iron, a proper Instrument to force any thing with, and three or four Gimblets, and some more Implements; and in searching Exelby's Pocket, we found a little Slip of Alapeen , which tallied exactly with what I had at Home. These Slips lay all in the Window, and the Piece that we cut off to make Patterns of, we found in his Pocket .
Q. What have to you to say to William Smith?
Caryl. I know nothing of him, here is an Evidence in Court against him.
Q. Have you any thing to say to these Boards?
Caryl. Here is one of the Boards I can swear to be mine.
Q. Sir, how can your swear to that Board?
Caryl. It is a Board that has gone backwards and forwards a great many Times, I have sent it to our Presser's, and he has returned it several
Q. Where did you find that Board?
Caryl. It was under Exelby's Bed.
Lynch. The first Thing I have to say is, that William Smith I never saw but once, that is not the right William Smith that was along with Exelby, he was a tall Man, lame in the right Foot . This Man I believe knows nothing at all of it ; I lived with Exelby as a Wife.
Court. You say you are his Wife?
Lynch. I lived with him as his Wife, but was not married to him; William Smith , not this Smith, comes to Exelby's Lodgings, and calls Jack, meaning Exelby, so Jack said yes; accordingly Exelby gets up, and was gone about an Hour, and was gone to the Prosecutor's House in Southampton-street.
William Powel . When I came down in the Morning between six and seven o'Clock, before I opened the Shop I saw it was robbed; I went up directly and told my Master, and he immediately jumped out of Bed and came down.
Q. Do you know what Things were in the Shop? Do you know that Pattern of double Alapeen?
Powel. Yes, that I can swear to.
Q. Did that Piece lie in the Window?
Powel. That Piece lay in the Compter among forty Pieces, but the Pattern lay in the Window; we found a large Jack-Hook the next Morning with which they must fish for the Strings of the Shaloons, in order to draw them to the Window. These Implements we found on the Support of the Spout the Outside of his Window, one large Iron Crow, or Chissel , and a large Wire about a Foot and a half , with a Hook at the End of it.
[These Things were produced in Court.]
Caryl. When Lynch came to give Information, they said me they could take Will Smith if I would prosecute; I said I would prosecute any . I was sent for to Justice Hole's, where one Harford came and offered himself the King's Evidence ; so I was bound over by Justice Hole to prosecute Smith .
Q. to Lynch. When were these Things put away ?
Lynch. Just as they were coming up Stairs, I was in a Fright, and said, Jack, there is something against you ; when I got out of Bed, I went to the Middle Drawer where he had put these Things, for they were knocking first at another Door instead of our's.
Court. So you took the Things out of the Drawer; What did you take them out for ?
Lynch. I took them out for Exelby to hide them, and he did hide them. When the Gentlemen came to the Door, they said if he did not open the Door, they would break it open. I said pray let it be who it will, let them in Exelby and I was a bed together, they asked him what was his Name, and he said his Name was Exelby.
Exelby. I never saw those Things she mentions , till I saw them before the Justice, nor I never saw her from Thursday Morning till Saturday Night, for I went down to Wapping to my Wife.
Lynch. Several Times I cohabited with him, I did not dare to do otherwise; the Lodgings were not mine, he took them.
Harmwood. My Lord, I was robbed a little before Mr Caryl; upon his Information, I went along with him on Sunday Morning, I was one of the first that went into the Room, but we were mistaken, it was not right ; while we were parlying with a Woman, we enquired which was Exelby's Room, she said the next Room, was Exelby's. When he open'd the Door, the Woman was in Bed, and we found these Boards, I said this is enough to convict you; this Stick was found in the Room, which seemed to tally with a Hook they had left in the Shop, which appeared to be put on that Stick; so, my Lord, we gave him Leave to dress himself, and we took him before Justice Burdus . I should have
Q. Where did Exelby's live?
Harmwood. In Rose-Street, Covent-garden, a small bye Street.
Court to the Prisoner. What have you to say?
Exelby, Prisoner. I was not with her from Thursday till Saturday Night, I went down on Thursday to Wapping to my Wife, and came up on Saturday Night.
Court. It was on Sunday Morning this Woman was found a-bed with you, Mr Caryl swears to the Robbery being committed on Friday Night; Can you show that you was not there? Have you any Witnesses?
Exelby. No, my Lord, but my Wife, that is not a Witness for me.
Court. You have one of your Wives here.
William Smith acquitted , which arose from an Oversight in Mr Caryl not calling for Harford , who was to have been the principal Witness against him; but Smith was ordered to remain to be tried upon another Indictment.