187, 188. (M. 2 d.) Joseph James and Benjamin Milltson , otherwise Johnson , were indicted for breaking and entering the dwelling-house of Thomas Evans , on the 24th of January , between the hours of one and two in the night, and stealing a shaving-box, value 1 s. two razors, value 1 s. one razor-strop, value 3 d. a pair of black leather breeches, value 5 s. and six pair of mens shoes, value 6 s. the property of the said Thomas, and one cloth coat, one pair of silver knee-buckles, value 3 s. and three yards of Irish linen cloth, value 3 s. the property of William Burton , in the dwelling-house of the said Thomas . +
Thomas Evans . I live at Knight sbridge . On the 25th of January, between seven and eight in the morning, my servant came into my room, and asked me if I had been called up in the night, (which I frequently am) I said, No. Then she said I had been robbed. I ordered her to call my man. I went down, and saw the outward door was broke open, the pannel of the shutter cut down: they had cut the groove all to pieces, and let down the shutter, and a pane of glass cut out of the door. It is a door half glass, by which means they unbolted the door. They had tryed at the kitchen-window, but could not get in. I missed four table-spoons, a pair of silver salts, a pair of silver salt-spoons, four silver tea-spoons, two hats, some shoes, an ebony shaving-box, with two razors, and a razor-strop in it, and a pair of leather breeches. I had wore one of the pair of shoes the day before, and the plate had been used the day before; they were for common use for the table. On the 31st of January I received a letter from Justice Lane, desiring I would attend him; he believed he could give me an account of my things. I went there. I made oath to the things of mine in the indictment. (Produced and deposed to, a court produced) This is the property of my servant, named Button. Two of my spoons were found at a silversmith's in St. Martin's-court, or Round-court. The accomplice informed me where they were. There was a table-cloth also found that I had used the day before they broke my house. The spoons are at home.
William Burton . I am servant to the prosecutor. My fellow-servant, Bridget Sherlock , and I saw the doors and windows fast over night, between twelve and one o'clock. She got up first in the morning, and came up, and said the door was broke, and the shutter taken down. She called
Q. Did you hear no noise in the night?
Burton. I did not.
Allen Farrington . I am a constable. Mr. Lane sent for me, and desired I would go with the evidence Tibbs in search of the prisoners. I and a brother constable went and took the prisoners, and in searching their lodgings, we found these goods here produced. Jarvis lodged in Swan-yard, that goes out of the Strand, and the other in Stand-lane. In Jarvis's lodging we found the shaving box, razors, razor-strop, and a man's hat. The two prisoners were both there. Then I left them to the care of my brother constable, and went to Millison's lodging. There I found the black leather breeches, coat, and a pair of shoes. We carried the prisoners and goods to Mr. Lane's. He examined them, and committed them for farthe r examination upon the evidence of Tibbs, and the things being found. The prisoners seemed to be very sorry for what they had done, and said it was the first offence. Jarvis acknowledged more the first examination than he did the second. Millison begged his master's pardon.
Prosecutor. Millison had lived servant with me two years before. I heard him own he was very sorry for what he had done.
Richard Jones . I went with Mr. Farrington to take these prisoners and search the rooms. Jarvis lodged at a cook's-shop in Swan-yard. Tibbs was with us. There were both the prisoners: he said, they were the two men. We hand-cussed them; and I took care of them while Farrington and Tibbs went to the others lodging in Strand-lane. We took them and the things we found, before Justice Lane. They both said, they were very sorry for what they had done; and said, God forgive Tibbs, for they freely did.
John Tibbs . On the 24th of January, the two prisoners and I were together at a new public-house in Gloucester-row in Knightsbridge. Then we went to Kensington; then we came back into Piccadilly; then to Knightsbridge again; then it was between one and two in the morning of the 25th of January. We got over a wall belonging to a garden, and cross the garden; then over another wall; there we found a ladder, that carried us over all the rest of the walls, among gardens. We got a shutter down of a glass door. After we had broke the shutter with a chissel, which Jarvis had, and unbolted the door, and all three went in together, we found two silver spoons, over the sink, and two more in the safe: we had two silver salts out of the kitchen closet, two silver tea-spoons, two silver salt spoons, a coat, a pair of breeches, five pair of shoes, a large table cloth, and three yards of new cloth. We staid in the house almost a quarter of an hour. We had agreed upon this house the night before. I have known Millison two years. I was apprentice to a barber, near this house. We sold the plate to a silversmith for five shillings an ounce. He lives in St. Martin's court, a corner house. We divided the money among us.
I am quite innocent of the charge. My acquaintance with the evidence is very slight. This is spite for my shewing some civilities to the person he calls his wife. It was he that brought the things to my house and desired to leave them there.
The evidence swore he would be revenged of me. I gave two guineas for the coat and breeches to an acquaintance of the evidence Tibbs.
Both guilty . Death .
Prosecutor. I beg leave to recommend them to mercy on account of their youth.