257. (M.) David Overton , otherwise William Smith , was indicted, for that he, on the 10th of April , about the hour of one in the night, the dwelling house of John White did break and enter, and stealing two silk cardinals, value 20 s. one cloth cardinal, value 16 s. one wooden tea-chest, with three tin canisters; one wooden tea-board, three silver tea-spoons, and 4 s. 6 d. in money, numbered, the property of the said John, in his dwelling house . +
John White . I live at Hendon . My house was broke open on a Tuesday night: I cannot justly tell the time: the house was fast when we went to bed: one of my men called me about five in the morning: I am a carpenter : I found a window broke open: the wooden bar was cut in two: it was a ground room. I lost a tea-chest, three silver spoons, five small pieces of money, some halfpence, some tea in a cannister, and a tea-board, and the other things mentioned in the indictment. The prisoner worked with me as a carpenter: I had not seen him since he left me, which was last Michaelmas; the pawnbroker stopt the things and advertised them: my wife and I went and found them to be our property. I took the prisoner up; and, before the justices at White-chapel, he owned he took all these things.
Q. What were his words?
White. He said, he broke into the house and took them out.
Q. Did he mention what time of the night it was?
White. Yes, to the best of my knowledge, he said, in the middle of the night, between twelve and one.
Q. Did you find all your goods at that brokers?
White. No, he said, he had sold some at another place.
Mary White . I am wife to the prosecutor. I was the last person up that night, the 10th of April. Upon seeing the advertisement, I came to London, which was the Tuesday following. I heard the prisoner own, before the justice, that he broke into the house, and took the things.
William Clark . I live in Rosemary-lane. The prisoner brought a tea-chest, tea-board, and two cardinals: I asked him how he came by them? he said, he kept a girl in the town, and they were her property, and he took them from her. I found something rattle in the tea-box; and, after he was gone, I borrowed a key, and found three silver tea-spoons, and some pieces of money in it; then I advertised it. He came back in the evening, and said, I had given him 6 s. 9 d. instead of half a guinea; then I stopped him, and took him up.
I am not guilty: I bought these things of a strange person in the street: I took them to Mr. Clark's to make a penny of them if I could: he is a salesman: he gave me 19 s. for them. I have no friend in the world. I did belong to the first regiment of guards, and was abroad in Germany in the second battalion.
Guilty . Death .