158. (M.) Edward Smith , was indicted for that he, April the 8th , about the hour of two in the night, the dwelling house of George Pearson did break and enter, and stealing out thence nine dozen pair of woollen stockings , the goods of the said George Pearson.*
George Pearson. In the night, between the 8th and 9th of last April, we went to bed, and had a large parcel of stockings lay in a one pair of stairs chamber near a window, I being at that time pretty full of goods, had not a conveniency to lay them elsewhere. In the morning when I got up the sash was open, and the greatest part of the stockings gone. We have shutters to the windows, but there were so many goods lay there, we could not conveniently get to shut them up, and my wife and I lay in the next room. We went to bed about 10 o'clock, and went through the room and all was safe then.Samuel Cordosa value for 4 l. 10 s. but the prisoner and Cross brought us but 3 l. 10 s. which was equally divided amongst us. Moses Wright and I staid at home.
Elizabeth Cross . My husband Charles Cross happened to go out along with these people, about nine o'clock on Sunday the 8th of April, and bid me come up to Edward Smith 's house on the Monday morning; his wife opened two closet doors, the closet were both full of stockings; my husband and Smith went to Duke's place to see if they could sell them; they were in two sacks; they sold them for 4 l. 10 s. and brought but 3 l. 10 s. to the others; they would have given me a pair but I would not wear them. They said they got them out of a house over-against Grub-street at a stocking shop.
Prosecutor. My house is as this witness has described.
Guilty Death .