53. (L.) John Richardson , was indicted for that he on the 3 d of October , about the hour of 2 o'clock in the morning, the dwelling house of Joseph Woodward did break and enter, and stealing out of thence one copper tea-kettle, value 2 s. 6 d. five printed pictures in frames, value 2 s. one needle-work sampler, with a frame and glass, one velvet cap, value 6 d. the goods of the said Joseph. ++
Joseph Woodward . I live in Red-Lyon Court, Watling-street ; on the 3d of October in the morning I miss'd the things mention'd in the indictment; these things were taken out of the parlour, on a ground floor.
Q. When did you see them there last?
Woodward. I saw them there over night, at about 7 o'clock; I advertis'd them on the Wednesday after, and Thomas Groves , who bought the kettle and cap, brought them, who can give an account of the prisoner's selling them: I am a carpenter and joiner; the prisoner was my journeyman ; Mr. Groves came into our court, and saw the prisoner at work in my shop, so he not intending to surprize him, went to a neighbour's house, and sent for me; I was not at home, so he left word where to come to his house; I went to him, and the next morning we charged a constable with the prisoner, and took him before my lord mayor, but before we got there, we went into a house; then the prisoner said, if I would not prosecute him, he would tell me where my things were, saying, the prints were not demolish'd, and them I found with the sampler at his lodgings, according to his own written account; he lodg'd in Turnmill-street: my shop joyns to my parlour, and the door between them is not always lock'd; he was not at work the day after he took the things: my lord mayor committed him, and as I had lost several things, I beg'd he'd let me know where they were; at last he said, there is some honour among thieves, and then he told where the things were; then we desir'd he'd let us know how he got in ; he told us, and at what time; he said he knock'd down the watchman, by which I understood he meant, he saw him safe at his stand.
Q. Had you made him any promises?
Woodward. No, my lord, none at all, or threats either; he said, he knew it was no more than a swimming bout, so voluntarily told the whole; he said, he came into the court about 2 o'clock, and went to work, saying, I came to the shop door, and work'd the pin of the window about, and it came out; I took down one of the shutters, and got into the shop; then I went into the passage, and open'd the street door, which has only a single lock, and bolted; I then put the shutter up again, and shut the street door, and went into the parlour, and grabled about as well as I could, for it was dark, and I was drunk; I tumbled down once, and wonder'd none of you heard me; so I took these things away, and if there had been a thousand pounds I would have had it.
Thomas Groves . I live in Turnmill-street; the prisoner at the bar came to me, last Tuesday was a month, and ask'd me if I would buy some prints; I told him, I did not understand them ; he said, Will you buy a tea-kettle? I said, I would if I
Jane Williams . I am servant to Mr. Woodward. When the men had put up the shop windows, I heard them say, tell Jenny to key the window; I went down stairs and put the key in the pin, it was the very first time I ever did it, and don't know whether I pushed the key quite far enough for the spring to catch: there were a gentleman and gentlewoman drank tea in the parlour, who staid at my master's till almost eleven o'clock at night: I fastened the parlour window before I went to bed, but in the morning the window was a little open, and the blind and sash put up a small matter: the pictures were all in the room when I went to bed: as soon as I opened the window I saw a daub as though a man had been there: I missed the kettle at first, but did not look round to see whether any of the pictures were gone.
Thomas Woodward . I am brother to the prosecutor. On the second of November he told me he had got intelligence of the man that robbed him, so I went with him before my lord mayor: I heard him confess he opened the shop window: the same as the prosecutor depos'd before, with this addition, he was very sober when he made this voluntary confession.
On the 29th of October I was at this shop in the morning, and went to breakfast at the Peacock in Bread street with the other men; then I parted with them, and in the evening I happened to go there again; I staid there till about eleven o'clock, then I went home to bed, and getting too much in liquor, I lay almost till nine next morning; when I went to the Roebuck to get some purl, in order to go to work; going along Turnmill street (properly called Cow Cross) I met a man with these things under his arm, he was a carpenter by trade; he said to me, my wife is dead, and I am afraid of having my goods seized, so I want to get somebody to dispose of them; I told him I never dealt in any thing that way; he told me he could get 12 or 14 shillings for them, so I agreed to give him eight shillings and sixpence; I had a shilling left; then I parted from him, and carried them home to my lodging ; I intended to have gone to work at noon, but stopping in Field lane at the Elephant and Castle, and failing into company, I spent great part of the day there ; then I went and found my master I work'd for, afterwards I went into a publick house; then I went home, and the next morning I went again to the Peacock in Trinity lane; there was my master; he said, John, I am glad you are come; I said it has been a drunken sort of a week; I designed to go to work, but met a man that sawed stone; he said, we have had a sad misfortune here, your master Woodward has been robbed; said I, in what manner? said he, on Tuesday about noon; so I went to work, and there was no more of it; then we went to breakfast, and dinner as usual; when I was apprehended I had time enough to have got away had I been guilty; when they mentioned it to me I put my coat on and went with them to Mr. Groves's, and there I told them I sold the kettle to him; said they to me, you might as well own it as not, you shall not be hurt ; then they called for a quartern of brandy, and gave me a glass full; then they gave me some purl, and I was so drunk that I could scarcely stand; I told them what money the things cost, and that they were not demolished; I gave them a note, directed them to my wife, and desired her to send the prints; as for the man I bought them of, I never saw him since.
Q. to Groves. Did you hear him make this confession? and was he sober?
Groves. I was not there when he confessed; I heard him say in the street he would confess, but I went home; I am sure he was not drunk when I left him.
Prosecutor. I did not apprehend any thing of his being drunk, I thought he was as sober then as he is now; he said, if I would give him a full pot of twopenny, he would tell.
To his Character.
Guilty Death .