7th September 1774
Reference Numbert17740907-53

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619, 620. (2d M.) FABIUS LEWIS and LOUIS LEQUINT were indicted for feloniously breaking and entering the dwelling house of Christopher Smith , on the 28th of August , about the hour of one in the night, with intent the money and effects of the said Christopher to steal . +

Christopher Smith . I keep a public house in a court in Wardour-street ; between one and two in the morning of the 28th of August I was alarmed by the watchmen that there were thieves in my cellar; I got up directly and went down stairs; I let in one of the watchmen and went down to the cellar with him; I found the cellar door open and saw the two prisoners run into the coal cellar; I ran after them; I got a piece of wood in my hand and told Lewis, who had his hand in his pocket, that if he did not immediately take his hand out of his pocket I would knock his brains out; we took them directly; I brought him up stairs and the watchman brought up the other prisoner.

Q. Had they taken any thing?

Smith. I believe they had drank some ale; Lequint seemed much in liquor.

Q. Had you examined whether your doors and windows, and every thing were fast?

Smith. I fastened the windows the night before myself, and the cellar door was double locked; I was the last up in the house, and saw that all my doors and windows were fast; one of the watchmen has a crow and a chissel, with which they wrenched off the catch of the cellar lock.

Q. Is there an area before the house?

Smith. No, the cellar is even with the ground.

Q. What did they say for themselves when you found them in the cellar?

Smith. Nothing; I found there a dark lanthorn, a tinder box, and steel (producing them.)

Christopher Langshaw . I am a watchman: Mr. Smith let me into his house; I went down into the cellar with him; there we found the two prisoners in a coal cellar.

Q. Did you find any tools there?

Langshaw. No, I did not see any till after we came to the watch-house; then Thomas Rogers brought a crow, a chissel, a dark lanthorn, and a steel.

Thomas Rogers . I was not in the cellar when the man said there were thieves; I went down to his assistance; I stood on the flap of the cellar window, and there I saw this chissel lie upon the pavement in the street at the edge of the window; the chissel and the crow were hanging in the cellar; I found these before the prisoners were taken.

Lequint's Defence.

I know no more than the child unborn of breaking in; when I came by there were some outlandish men in the street; the flap was open; I was much in liquor; I asked him what he was doing; he directly struck me down; it is a deep place; this young man was going on; he stepped back; I could hardly speak I was so much in liquor; he made an attempt to pull me up and fell down, and some outlandish men shut the flap of the door upon us; I never saw them things in my life.

Lewis's Defence.

I went to pull him up and he drew me in.

Both Guilty . Death .

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