323. (M.) George Gibbons was indicted, for that he, on the 26th of February about the hour of four in the morning, the dwelling house of John Alien burglariously did break and enter, and stealing out thence 4 silver watches, one silver hilted hanger, one silver salt, 2 silver teaspoons, the goods of the said John, in the dwelling house, &c . *
John Alien. I saw my shop shut up about 10 o'clock at night, the 25th of Feb. It is part of my dwelling house. My servant called me up about four; I found my shutter had a hole cut in it so as to get in a hand. It was fastened with two iron pins within side. I missed four silver watches, one of them had a shagreen outside case, a hanger mounted with silver, a silver salt, and two silver tea spoons.
Q. When had you seen them last?
Alien. I saw them over night about 8 o'clock, they hung on small hooks in the window. I advertised them twice ; after the second time some body knocked at my door, my servant open'd it, and in going to shut it there lay two of the dial plates to two of the watches. Produced in court and sworn to, having the maker's name upon them.
Q. What reason have you to suspect the prisoner?
Alien. One Mr. Philipson had taken him up on some other account ; he brought him to me, there he confessed, and also before Justice Chamberlaine that he put these plates at my door; that he and another person cut the hole in the shutter, and took the things mentioned, and that the salt had a crest on it, for which reason he beat it, and the silver hilt to pieces, and sold them in several places.
Samuel Philipson , The prisoner was in New-prison about a fortnight or three weeks ago. He desired me try to get Justice Chamberlaine to admit him an evidence, telling me he had broke open this gentleman's shop, and that he had pawned the watches in Grubstreet. I went and acquainted the Justice with it: he gave me an order to take him out of New-prison and go with him to where the watches were pawned. So I and the keeper went with him to the house of Mr. Belomey; the prisoner asked for the shagreen watch which he had pawned in his own name for 7 s. 6 d. He brought the watch down, and we paid for it. Then he asked for a silver watch in another name, that was also produced; then we told the pawnbroker he had broke open a shop and stole them, and if he'd go along with us he might be satisfied about it. Then the prisoner took us to Mr. Alien's house, we asked him if his house had been broke open, he said, yes, and that he should know the goods he lost could he see them. We shewed him the 2: watches, he owned them. Then Mr. Alien asked the prisoner how he could do such a thing ; he answered, the watchman was coming by once in the time, and that he stood with his back to the hole that he might not discover it.
I asked the keeper of the prison if he would buy such things, for they told me I should be either hanged or transported for what I was taken up for. He went to the pawnbrokers and looked at the watches ; he said he knew they were stole by the advertisement, so he carried me to the prosecutor's house; he wanted me to be evidence against another young lad: I cleared him. I found these two watches in Spittlefield's market tied up in a handkerchief.
Guilty Death .
There were two other Indictments against him.