Benjamin Burton, Francis Fitzpatrick.
7th December 1768
Reference Numbert17681207-1
VerdictGuilty > lesser offence

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1, 2. (M.) Benjamin Burton and Francis Fitzpatrick were indicted for breaking and entering the dwelling-house of William Morley , on the 23d of October , about the hour of eleven in the night, and stealing two brass candlesticks, value 1 s. a looking glass, value 1 s. a brass cover, value 6 d. a brass ladle, value 6 d. two linen towels, value 6 d. four pounds weight of beef, value 6 d. and half a quartern loaf of wheaten bread, value 2 d. the property of the said William Morley, in his dwelling-house . ++

William Morley . I live in Little Ormond-yard, by Ormond-street . My wife and I went out to dinner, on the 23d of October, after fastening the windows and door; we returned about half an hour past ten at night; then we found Henry Kelsey had got the two prisoners. We found the door lock'd and all fast as we left it.

Henry Kelsey . I lodge in the prosecutor's house; I had been out, and came home about a quarter before ten that night; I found the door fast; I walked up and down Ormond-street; I met these two men about the middle of the street; I walked as far as Queen-square, and returned back; when

I came into the yard, I saw one of the prisoners standing at the prosecutor's door; I call'd George, thinking it had been my bed-fellow. Then I walked on towards the door; when I came within ten yards, I call'd George again, then the man came from the door, and the other out of the house: they had each things under their arms. I past by them, and took no notice of them, and let them pass me, there being nobody in the yard to help me. They went towards the Foundling-hospital, I went and saw the door open, I shut it, and went after the prisoners: I watched them down as far as the Hospital; I could not see any body to assist me there. I came back, thinking they would come again, as they had left the door open; I got behind a piece of wood, and saw them come and cross over and down the yard; then I went and got assistance; I met them coming out of the yard, I told the watchmen they were the men; they had been at the house and found the door fast, and were coming back.

Q. How did they get in the first time?

Kelsey. That I do not know. I am sure these prisoners are the men; I had fight of them three times; they were searched, and four keys found upon one of them, I cannot say which: I tried them with the lock, but neither of them would open it: After that we went to look for the goods, and found them tied up in a table-cloth, hanging on a tree in the Foundling-field. (The goods laid in the indictment produced.)

Prosecutor. These are my property, they were all in the house when we went out; there was no violence used to the door, the lock would lock and unlock as usual.

William Taylor . I was coming along Golden-Square that night, betwixt eleven and twelve; I saw one of the prisoners, he looked very earnestly at me I went into a house and called for a pint of beer; before it came, a person came and call'd for a watchman, saying, two men had been breaking into Mr. Morley's house; I and others went, and saw the two prisoners come out of Ormond yard. Kelsey said, they are the two men. We laid hold of them, and took them into the Sun alehouse, sent for a constable, and charged him with them. Then we went down into the field, and found the things hanging upon a tree.

Samuel Lowrey , and - Bradshaw, deposed they were at the searing the prisoners.

Mr. Charles Clay . I had charge given me of the prisoners; after which I ordered the men to go in search for the goods; they went, and brought them back in two parcels. When the keys were found upon one of them, they gave an account they were trusted with them by one Mr. Baker, a builder at Hadley, near Barnet; I went to him, and upon asking him, he said he knew nothing of them.

Burton's Defence.

I was after some money which my master owed me, and I owed this man (meaning his fellow prisoner); not finding, my master at the Blue Lion, Gray's-inn-lane, I went to go the nearest way home by the Foundling hospital, Fitzpatrick staid at the gate-way to make water, and I stood against the rails to wait for him: just as he had done, there came these people and laid hold of us, and charged us with taking some things. I never was down below the gate-way, in Ormond-yard, in my life.

Fitzpatrick's Defence.

He owed me some money, and I was in want, and went along with him for it. I live by Tichfield-street. Burton is a bricklayer, and I am his labourer.

Both guilty of stealing the goods only . T .

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