Offences: Theft > housebreaking; Killing > murder; Theft > grand larceny
Verdicts: Not Guilty; Guilty
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John Sweetbones of Acton , was indicted for breaking the Dwelling-house of William Trafford , and stealing from thence a Holland Shirt, value 5 s. a Cloath Wastcoat, val.4 s. the 8th of April , last. The Prosecutor deposed, That the Wall, of his House was broken, and the Goods taken away; that his Daughter saw him with the Stockings on his Legs and his Shirt on his Back. The Constable and his Assistant deposed, That when they apprehended him, he confest the Wastcoat, and promised, that, if they would let him go, the Prosecutor should have his Wastcoat, and he would never come to Acton more that it was produced, and after he was very desperate and mischievously bent, attempting to catch up a Hedging-Bill, and afterwards catched up a Smoothing-Plain, and knocking out the Chisel, swore he would Split the Man down that should come near him, and at last made his Escape out at the Window.
He was a Second time indicted for an Assault and Murder committed on the body of John Mims , by giving him one mortal Wound with a Hammer on the Left side of his Head, of the length of one Inch, and the depth of a quarter of an Inch, on the 22d of December last, of which he languished till the 24th, and then dyed . Thomas Peacock deposed, about 6 of the Clock in the Evening, the 22nd of December last, his Son having been out, told him he heard a Hollowing in the Field; upon which he went out and heard it, and the Hollowing still continued; he thought at last it must be somebody in Distress, and went to get some Neighbours to go with him, but they all refusing, he did not go; but the Hollowing still continuing he was confirmed in his Opinion, and observed that the voice grew weaker and weaker , took a Candle and Lanthorn and Pitchfork and prevailed with one to go with him: so having Company he made towards the place where the Voice was, and found Mr. Mims standing leaning upon the Stile, all over of a gore Blood; his Pockets were turned inside out, his Shirt.
He was a Third time indicted for Robbing John Mims , and taking from him a Hat, value 7 s. and a Key, val.1 s. the 22d of December last. Thomas Ogaleshaw , the Hattor, who sold the Deceased the Hat, deposed; he saw the Deceased with this Hat upon his Head a little before he was murdered, and about a mile and half from the place, Christopher Farnel deposed, he bought that Hat the Monday before Christmas day of Mrs. Lewis. Mrs. Lewis deposed, that Elizabeth Allaway brought this Hat out of her Cellar. Elizabeth Alloway deposed, that the Hat which John Sweetbones , the Prisoner, throwd down her Cellar, she fold to Christopher Farmel . Mary Beal , the Deceased's Gandaughter, swore positively that the Key produc'd in Court was her Grandfathers John Mins's Key. John Peacock deposed, he had try'd that Key and it did open and appear'd to be the Key of the Deceased's Box, where his Writings and such things Lay. His Mother being in Court could not swear that she had given him any Mony, but only said his Sister told her that she had given it him. Upon the whole, he not being able to prove any one thing he had said, nor say any thing but what he had said upon the last Indictment, the Jury found him guilty of This.