Offence: Theft > theft from a specified place
Verdict: Not Guilty
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221, 222. + John Exelby and William Smith (and Thomas Waterman not taken) were indicted for stealing two Pieces of striped Silk Cotton, value 28 s. fifteen Yards of Seusee, value 33 s. thirteen Yards of checked Linen, value 7 s. the Goods of Elizabeth Morgan , out of her Dwelling-House , November 29 .
Harford, the Witness, produced some Scraps of checked Linen, and as Exelby told him were the Pieces of Linen they then stole.
Harford likewise acknowledged they took out some Pieces of Worsted, about a Pound Weight of each.
Elizabeth Ruff . Mr. Harford came to my House lost Shrove-Tuesday Night; when he came in, he bid me put the Child out of Doors, and he cried prodigiously, and said, I am ruined for ever, for Exelby will hang me and my Wife too; he says, do you know any thing of my Wife? I said, if I did, I would not let him know, for Fear he would murder her; he said if Smith did not let him have his Wife, he would have his Life, if he sent his Soul to Hell.
Q. What is Smith?
Crooks. He is a licensed Hawker.
Tucker. Smith has the general Character of an honest Man.
[As Exelby was capitally convicted before, the Merits of the Cause, with Respect to him was very little examined, any more than to give Light to the other.]