415, 416. (M.) WILLIAM SIDAY and WILLIAM PARIS were indicted for breaking and entering the dwelling house of Mary Fisher , widow, on the 3d of March, about the hour of seven in the forenoon (no person being therein) and stealing three cloth coats, three cloth waistcoats, two pair of cloth breeches, one pair of cotton breeches, one pair of Bristol stone buttons, one pair of leather breeches, one pair of silver knee buckles, one Bath great coat, a deal box, three shirts, four neckcloths, two linen handkerchiefs, two pair of leather gloves, two leather pocket books, two pair of worsted stockings, one pair of brown thread stockings, one case of instruments, one dove tail saw, one pair of silver shoe buckles, a silk handkerchief and seven guineas in money, numbered, the property of James Waterson in the dwelling house of the said Mary Fisher . +
James Waterson . I lodge up one pair of stairs at Mary Fisher 's, in Goswell Street ; she keeps a green shop . I was robbed on the 3d of March , between six and eight in the morning; I lost a suit of stone coloured clothes with yellow metal buttons, from a bottom drawer out of a chest of drawers; (I saw them about a week before I missed them) and a suit of blue with white buttons, and a drab coloured coat and waistcoat with mixed metal buttons, a Bath great coat, a mixture of brick dust colour and white, a pair of stocking breeches, a pair of buckskin breeches with silver buckles in the knees, a white deal box with seven guineas in it, (I saw the money on Saturday) three shirts marked J. W. four neckcloths not marked, two muslin, two lawn, and two coloured linen handkerchiefs; one red, one blue, and one pair of brown thread stockings, two pair of worsted, two pair of leather gloves, two leather pocket books, one red and one black; a case of mathematical drawing instruments, a dove tail saw, a silk handkerchief, and a pair of silver shoe buckles, which were taken out of a pair of shoes in the room; on Wednesday night after the robbery I saw these things at Sir John Fieldings (producing a parcel of the goods mentioned in the indictment, which he deposed were his property) the accomplice gave information of a suit of blue clothes, that were pawned at one Caple's; I saw them there, they are my property.
Joseph Stevenson . I found these cloaths in Paris's lodging, in a Court in Grub Street; I took these picklock keys out of his pocket, (producing them;) I found him in bed; some of the clothes lay on the bed, some were in the box; after that Siday was taken at his lodgings at Tower Hill, as I am told.
Thomas Blake . I keep a publick house in Goswell Street; the prisoners were all together at my house about a quarter before seven in the morning, on Shrove Tuesday. I live about half a stone's throw from Mrs. Fisher's; I never saw them before.
Q. Is she here?
Paris. She proved she pawned them for Fisher, and she was discharged.
Q. to the Prosecutor. Who was in the house at the time?
Prosecutor. Nobody; Mrs. Fisher was gone to Market, and the other two lodgers were at work with me.
Mary Fisher . I went out a quarter before seven that morning to Fleet Market; after I shut the door, I pushed against it three times, and found it locked, the windows were safe, and the bars up; when I came back at a quarter before eight, I found the door open; I went into my room
Q. Is that Fisher your son?
Fisher. Yes he is.
Q. Was the door broke or unlocked?
Fisher. There was nothing broke; the lock was picked, and so was the chamber door.
Thomas Fisher . The prisoners, Siday and Paris, and myself went to Mr. Blake's, the Sun Dial, in Goswell street, about a quarter before seven; we had a pint of beer. I looked through the window, and saw my mother go out; I knew Waterson was gone to work; I said to Paris now it is time to go; Paris went and opened the door with a false key; Siday went over; I saw the door shut to. I staid about till I saw Paris come out with this box upon his head and a great coat; then we went to Paris's lodgings, in a Court in Grub Street, and opened the box, there were six guineas and an half in money; two or three neckcloths, a silk handkerchief and some other things that I cannot recollect. I met William Siday in Smithfield, he told me he had been back again, and had got three suits of clothes that were at Paris's lodgings.
Q. Did he tell you when he went back?
Fisher. No; It was about three hours after we had been at Blake's that I met him.
Q. What did you go to Blake's for?
Fisher. With a design to rob the house, when my mother was gone out. I went to Paris's lodgings and saw the three suits of clothes. I saw him the same day.
Q. Were any carried to Siday's lodgings?
Fisher. No, all to Paris's.
Q. What business are you?
Fisher. Siday and I are printer s; I don't know what trade Paris is.
Q. Where were the false keys got?
Fisher. From Paris's lodgings.
Q. from the Jury. Whose proposal was it to rob your mother's house?
Fisher. It was my proposal to rob the lodger; we did not intend to rob my mother.
Q. Did you see Siday bring any thing out?
Thomas Ravenscrest . I have known William Paris thirteen years; he was apprentice to my father, a gold and silver wire drawer; he has been out of his apprenticeship six or seven years; our business went off, and I was told he followed the watch business. I have met him several times I never heard any harm of him.
Q. Do you know where he lived during that time?
Q. How long has he left your work?
Hall. Eight months; he was always diligent and honest.
Elizabeth Jackson . I live in Bridge Water Square; my husband is a watch-case-maker; he worked for my husband; he is a very industrious man; I had a very good opinion of him. I would employ him again.
Q. How long is it since he worked for you?
Jackson. Five or six months.
For Siday's Character.
Both Guilty . Death .