John Exelby, William Smith.
29th April 1747
Reference Numbert17470429-35
VerdictNot 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 .

Elizabeth Morgan . I live in Brook's-Market, in St Andrews Holbourn ; on the 29th of November I missed these Goods mentioned in the Indictment, about Eight o'Clock in the Morning.

John Harford . About a Month before Christmas, I went with the two Prisoners to this Woman's House, and they bored a Hole in the Wall big enough to pull out the Goods that have been mentioned.

Harford, the Witness, produced some Scraps of checked Linen, and as Exelby told him were the Pieces of Linen they then stole.

Elizabeth Morgan swore that they were like her Linen, but one may be like another.

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.

Elizabeth Crooks . I have known Smith ten or a dozen Years, and I never heard a dishonest Character of him in my Life.

Q. What is Smith?

Crooks. He is a licensed Hawker.

Tucker. Smith has the general Character of an honest Man.

Mary Tosman . I have known William Smith these six Years, he has a very honest Character as far as ever I knew.

Jeremiah Anderson . I have known him seven Years, and he has borne a good Character.

William Smith acquitted .

[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.]

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