286. (M.) Lewis Mackely was indicted for that he on the 7th of June , about the hour of 1 in the night, the dwelling-house of Anthony Francis did-break and enter, and one pair of silver shoe-buckles, val. 8 s. one worsted purse, val. 1 d. and 15 half guineas, the property of Joseph de Magalin , and one pair of silver knee-buckles, the property of Henry Francis , in the said dwelling-house did steal . ||
The prisoner being a foreigner, an interpreter was sworn.
Anthony Francis . I live in Jonas-Court, East-Smithfield ; the prisoner, and prosecutor, and a Greek, came to lodge in my house on the 3d of June; on the 7th they went out all together, the prosecutor came home between 9 and 10 at night, we went all to bed at twelve after having fastened the house up, I got up in the morning about five, being called up by Anthonis Golsalvis, who lodged also in my house. Magalin was in his own room on the ground floor. The inside of the shutter was broke from the hinges, and the latch quite up, it appeared to be done by some body that knew the house, he said he had lost 6 guineas and a half, his shoe buckles, and a pair of knee buckles that I had lent him; the others were to come home at 9 to breakfast, but the prisoner did not. We began to suspect him, Golsalvis went and found him, I had word of it, I went to him at the house of Mary Cole about 11 o'clock; he was in bed with a woman, before I spoke to him he told me he had got the buckles and money all safe. I asked him how he got them? he said it was only in playing the rogue. I asked him how he opened the window? he said he opened it with a knock; I told him not to get out of bed, I did not come to disturb him, I left Golsalvis and Nesbit to guard him, I went and got a constable, he was then got up; he told me the woman of the house had the money, then a woman said it was in the hands of another woman that was not there; we took him to the Justice, and then sent for the woman with the money, her name was Mary Cole , she produced 9 half guineas, and the 2 pair of silver buckles.
Q. In what language did you speak to him?
Francis. In Spanish.
Joseph De Magalin . I am a Portugal sailor, I have been in England three years. I did belong to the Blenheim man of war; the prisoner and I lodged together in Francis's house, from the Friday night till the Tuesday, I came home that night, and went to bed at near 12 o'clock; the prisoner was my ship-mate two months, we received our money at Plymouth about a month before, he received 2 guineas, and had but one left. I had 7 guineas and a half in my purse in my pocket when I went to bed, the buckles were in my shoes and breeches knees, my door and windows were fast, I heard no disturbance in the night, Golsolvis came home in the morning, and awaked meMary Cole produce the 9 half guineas; the prisoner said, Joe don't be afraid I'll pay the money again that I spent last night; he desired me not to swear against him.
Mary Cole . I live in Swan-alley, the prisoner came to my house between 6 and 7 on the Wednesday morning with 2 Irish men, I was in bed, they desired I would let him lie in my house, and said he was very tired; the prisoner delivered to me this purse and 10 half guineas, out of them he had one, the other nine I kept; he said he had been robbed the night before of 2 guineas and he gave me these buckles also; I had insisted upon knowing what money he had about him before he went to bed.
Anthonio Golsalvis. The night the robbery was done I did not lie at home; I came home to Mr. Francis's about 5 the next morning and found the sash window open, after that, I found the prisoner by inquiring in the house of Cole in bed, and heard him own to every thing as has been mentioned here.
It goes against me; I don't know what to say for myself.
Guilty . Death .