80. (M. 1). Thomas Trevis was indicted for that he on the 27th of December , about the hour of two in the morning of the same day, the dwelling-house of John Dederick Pope did break and enter, and stealing out thence one gown, two cloth cloaks, three pair of worsted stockings, one pair of leather pumps, one silk-damask waistcoat, one quarter of a pound of thread , the property of the said John. *
John Dederick Pope . I fastened my doors in the evening on the 27th of December, as I usually do; when I came downabout seven next morning, I found my door open which goes into the yard, and the things mentioned were missing from off my wife's horse on which she dries her cloaths; but I leave that to her to give an account of them. On the 31st of December, a headborough and watchman came and asked me if I had been robbed? and said, they had got the thief. I went before Sir Samuel Gore ; there was the prisoner and the goods.
Elizabeth Pope . On the 27th of December, our doors were fastened at ten o'clock, when we went to bed. I was the last that went to bed. We have two doors, one to the street, the other to the yard; in the morning the street door was fast, as usual; there was no place broke to get in; we know not which way the thief got in, except, he got in before we went to bed, and concealed himself in the house, and then let himself out at the back-door, which we found open. The next morning, from off a horse behind the kitchen-door. I missed three pair of stockings, an ironing-cloth, a short gown, two scarlet cloaks, and a damask waistcoat, and some thread from out of a drawer. My husband went down into the cellar, and called me down; there they had been trying to steal the lead from the copper; it was loosened all round, but I had got up betwen twelve and one, and I suppose that had sent them away. The officer of the night came to me, and asked me if I had been robbed? I said, yes. He asked me, if I could tell the things when I saw them? My daughter looked on the inside of a pair of pumps, which he brought; there was her name wrote in them. Then we went to Sir Samuel Gore , there was the prisoner, and all the goods were at the officer's house. (Produced in court, and deposed to by the prosecutor's wife.)
James Pomeroy . I am a watchman at St. George's, I happened to go for two full pots of beer to the sign of the Ship, betwixt one and two in the morning on the 28th of December, in Old-gravel-lane, the prisoner came by with a bundle on his left-shoulder; I was on the step of the door with an empty gallon-pot in my hand; I asked him where he was going with that bundle? he said, to his lodgings. I asked where he broughtSamuel Gore , the next morning; these things here produced are the same which were in the bag; we seeing the shoemaker's name on the pumps, carried them to him, his name is Ostridge, he said he made them for the prosecutor's daughter, and they had been robbed of them, and they had bespoke another pair.
Richard Enson . I was coming to my labour about a month ago, I don't know the exact day, Ratcliff clock had struck two I thought; I heard somebody walking after me, but I could not see any body. When I came to the bottom of Farthing-fields, coming into Gravel-lane, I saw this watchman knocking at a door; I went on; I heard some body call out stop thief; I had a stick in my hand, and a dog with me; I went to the bottom of the place, and stood under the shadow of the house. I heard a running, which I took to be two or three persons. I saw the prisoner turn at the corner, I stept over to him, and said, where are you running? He made use of some bitter oaths, the watchman still kept crying out. I laid hold of the prisoner, and delivered him to the watchman; he carried the prisoner to the watchhouse, and I carried his bundle along with him.
I found that bundle at a door, and took it in order to carry it home; in the morning I designed to have it cried, and the watchman came and took me to the watch-house.
Guilty , Death .