570. Anthony Whittle , was indicted, for that he, with two other persons, on the 25th of Nov. 1749 . about the hour of four in the morning, the dwelling house of James Hawkins did break, thirty dozen of worsted hose, val. 20 l. and twenty yards of bayes, val. 20 s. the goods of James Hawkins , did steal, take, and carry away .John Eckling , Edward Thorp , and Anthony Bourne . He told me, they took out fifty dozen of worsted and yarn hose. I told him that was more than I lost. He said they took out three or four rolls of flannel, that is what I call bayes; and that they sold the goods to one Peg. Cavenhau for fourteen guineas, and that there are twelve shillings of it owing at this time.
Q. How many pair of stockings do you think you lost?
Hawkins. I lost about forty dozen pair, and four rolls of bayes. The prisoner said he had some of that to make him a waistcoat; and that they kept some of the stockings for their own wear. The evidence that was an accomplice I believe has got one pair of them.
John Ecklin . The prisoner and I, Edward Thorp , and Anthony Bourne , came out of Drury Lane that night. We set out after 11 o'clock from the Fox, with an intent to break open a silversmith's shop in Barbican; but that was too strong for us. In our return in Long Lane, (the prisoner lived in Chick Lane) he said here is a stocking shop, I believe we can break it open. We went to it. The moment Anthony Bourne saw it, he said he believed it would do. Then it was past 12 o'clock. Anthony Bourne took out a crow that we had for that purpose, and put it into the place where the shutter slides, and we wrench'd a piece of it off; then we press'd up the shutter and got the bottom part out. Then we consulted who should go in. I said I did not care, I would. The three others all held up the bottom of the shutter, and pulled it out so far that I could creep in underneath it; the bolt held it so that we could not take it down. After I was in, I went to the door; the key was in, but I could not unlock it. I handed out six bundles of stockings done up in papers; then I thought I heard the foot of a man I said d - n it let me out, for here is a man in the shop. I heard two dogs when I was out. We got into the sheep-pens ; and when the dogs had done barking, and no body call'd watch or thieves, which we expected they would, had any body heard us, to have put us to flight; we concluded to go again, thinking all safe. We staid till the watchmen were gone; for there came three of them within a little of that shop. Then we carried the things to the prisoner's lodgings, and the watch being settled we went again. I was dubious of going in again ; and the prisoner, being somewhat smaller and in a sailor's jacket, he enter'd the shop as I had done before, we all holding the shutter for him. When he was in, he tried to open the door but could not unlock it. Then he pull'd the key out of the bolt that was to the window; and we took down the shutter next to the door. Then I held the bag which we brought from the prisoner's lodgings, and the prisoner handed more stockings to me; and Anthony Bourne and Thorpe stood watch for us. At a little distance we had two rolls of flannel this time. When the bag was full he came out. We put the shutter up again in its place, and took the bag and the two rolls under our arms, and carried them, and put them where we did the others. Then we staid till the watch came two. When they were settled again, we all went back, and filled the bag again, and took two more rolls of flannel, and we carried them to the same place. Then we concluded to come once more, by that time the watch was gone three. After we had got as many things as we could, we ran away and put them up to the other. We put the shutter up betwixt each time; but whether it was up the last time I cannot say. The people coming from Long Lane, hinder'd us from quite filling the bag the last time. I am not positive whether there were forty three, or forty five parcels of stockings. There were upwards of thirty dozen. We divided for our own wear two pair each. We did not measure the flannel. I sold the goods myself to Samuel Cordosa . See an evidence in No. 200. in March sessions, also the person cast this sessions. I put them into a bag and took them in a coach and sold them all to him, except two dozen. They came to fourteen pounds odd money. The prisoner had three pounds ten shillings,Peg Cavenhau , I don't know her, or where she lives.
Q. from the prisoner. Where did you take coach?
Eckling. At the stand in Smithfield.
Q. Did any body lend you a hand up with them into the coach?
Ecklin. Yes, you did. Meaning the prisoner.
Q. Is not some of the money owing now?
Ecklin. No, He has since paid me.
John Ebans and James Pain both deposed to the prisoner's confession as before mentioned by the prosecutor, who went on the 26th of August together to talk with the prisoner in the New Goal. This James Pain is the person who was tried for this very fact last December Sessions, See No 82. upon the evidence of Samuel Spray, a very bad boy, who pretended he was an accomplice in it; that he fed the bitch with bits of bread in the shop In the mean time, Pain broke the shutter open, and took out the things according to a previous agrement between them. But Pain having an exceeding good character, and also Proof he was elsewhere at that time, he was acquitted with honour.
I have nothing to say to it, I made my declaration before Justice Hammond. Some of this is right, and some of it is not.
Guilty Death .