347, 348. (M.) Jonathan Burgen and Richard Lane were indicted, for that they, on the 20th of June , about the hour of 12 at night, the dwelling house of Jeffery Burton did break and enter, and stealing out thence 300 yards of ribband, two dozen of knives, two linen sheets, one pair of worsted stockings, a quantity of mettle buckles and buttons, the goods of the said Jeffery . *
Jeffery Burton. I live in Barking Dog Walk near Windmill Hill . On the 20th of June I locked all my doors, and put up my shutters by 10 o'clock and did not lie there that night, but left the house to the care of William Burchingall . When I came to see it in the morning there had been an attempt made to break in at the casement, but I found the place where they got in was from the roof of the house, some of the tiles were taken off, and a hole made through the ceiling ; then they had nothing more to do than open my back door that was bolted with three bolts within side, and go out with the things. I missed 300 yards of ribband and upwards, two sheets that we lay in, one pair of stockings, a pretty large quantity of thread, buttons, and other things. Jonathan Burgen told me he hid several things in a hay cock. I went to it, but found nothing there. I did not hear Lane say any thing.
Q. Are you certain the goods were in your house when you locked the door over night?
Burton. I am certain they were.
Joseph Hughes . Between 12 and one last Friday was 7 night at night, the two prisoners at the bar and I went to the prosecutor's house, Lane got over the pales, Burgen next, and I next. Lane took three or four panes of glass out of the window, we could not get in there; then we got up on the roof of the house, Lane got up first, and handed the tiles to me, and I to Burgen. Burgen had a great stick, which he handed up to Lane, who punched a hole through the ceiling, and called to me, saying, you have done nothing, you ought to come and jump in, which I did, after pulling off my clothes. Then I unbolted the back door and let them in. Then I went over the pales again, and three stood and watched, fearing any body should come. Then I put on my clothes, and they rifled the house, and took away ribbands and all sorts of hardware, some mettle Buckles, and a great many knives. Burgen hid some in a hay cock, some were taken upon us; we were all taken together. There were two pair of scissars sold to a person in Chick-lane. I confessed the whole, and was admitted an evidence. Burgen confessed he was concerned in it before the justice.
Edward Pinches . Last Tuesday morning about 6 o'clock I was called up by Thomas Merriot , who told me he heard that a shop had been broke open, and that he thought he knew where to find the thieves. We went to a house in Black-boy alley, there we found the two prisoners and the evidence all in bed together. We turned up the bed and between the bed and the tick we found some ribbands and knives. Produced in court.
Q. to prosecutor. Are these your property?
Prosecutor. They are, my lord, here is my own writing on the paper in which the knives are; and also on the middle of the roll of ribbands.
Pinches. We took the evidence to New-prison, and the two prisoners to Clerkenwell Bridewell ; Burgen said to me, he wished he could be admitted an evidence, saying, he could make some discovery of sheepstealing, besides this robbery, and wished he had spoke sooner.
Thomas Merriot . I went with Pinches and others to a house in Black-boy alley, there we found the two prisoners and the evidence in bed together, we turned up the bed, and found some ribbands upon the sacking.
William Burchingall . I am 14 years of age. I lay alone in Mr. Burton's house that night it was broke open. I know that the shutters and windows were shut over night. I did not open the street door after my master was gone, there is a door opens out of his house into my mother's, through which I went to fetch a few things. I locked the door at my going out and coming in, and went to bed in a little time after my master was gone.
Margaret Holt . Richard Lane is my brother, he brought this bundle (producing a handkerchief well filled with hard-ware) and left them at my house, saying, he would call for them. He came no more; I was out on business, there came two gentlemen
Q. to prosecutor. How came you by that bundle?
Prosecutor. A gentleman and his wife walking out for the air found them in the place where this evidence said she hid them. They hearing a shop had been robbed they left them at the Angel. I was sent for, and there I found them, they are my property.
That is not the handkerchief that I left at my sister's.
I came out of the country but last Friday was a month, I light in company with Hughes in Golden lane. He had got a bag, in which was two linen aprons, pewter spoons, and other things, which he was going to sell in Rag-fair; he sold them. We came back again, I was very much in liquor; then he asked me to go with him, he shewed me this man's shop. Then he said he'd get over the pales, and shew us the way to get in. It is not a dwelling house, it is only a hosier's shop.
Both guilty . Death .