John Sunberland, John Murphey, William Thwaites.
11th September 1771
Reference Numbert17710911-82
VerdictsNot Guilty > fault; Not Guilty; Not Guilty; Guilty

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638, 639, 640. (M.) John Sunberland , John Murphey and William Thwaites were indicted for breaking and entering the dwelling house of Lady Catherine Cook , on the 31st of August , about the hour of two in the night, and stealing one silver milk pot, value 18 s. one silver table spoon, value 2 s. one pair of silver tea-tongs, value 5 s. two damask table cloths, value 4 s. one damask napkin, one towel, value 1 s. and one other damask table cloth, value 2 s. the property of the said Lady Catherine Cooke ; and one pair of silver shoe buckles, value 10 s. one pair of plaited spurs, value 2 s. one horse whip, value 1 s. five linen shirts, value 15 s. three muslin neckcloths, value 5 s. one black leather pocket book, value 1 s. one silver laced hat

value 5 s. one silk handkerchief, value 6 d. and one pair of thread stockings, value 5 s. the property of William Curtis ; and one silver laced hat, value 5 s. the property of Simon Andrews , in the dwelling house of the laid Lady Catherine Cook .

It appeared upon the trial that there was an error in the description of the title of the prosecutrix; they were all acuquitted; but Murphy and Thwaites were detained till next sessions, when a new indictment will be preferred against them .

(M.) John Sunderland and John Murphy were a second time indicted, for that they on the king's highway on William Kingham did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 6 s. in money, numbered, the property of the said William , August 30th . +

There was no evidence to bring the charge home to the prisoners, except the evidence of John Jones , the accomplice.

Both Acquitted .

(M.) William Thwaites was a second time, and John Murphy a third time indicted, for that they on the king's highway, on William Webster did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, one red leather pocket book, value 2 s. one linen handkerchief, value 6 d. and fifteen shillings in money, numbered, the property of the said William Webster , August 22d . +

There being no evidence to affect the prisoner's but that of John Jones , the accomplice, they were both acquitted .

(M.) William Thwaites was a third time indicted, for breaking and entering the dwelling house of Nash Mason , Esq ; on the 24th of August , about the hour of ten in the night, and stealing one table-clock, value 40 s. one pair of sheets, value 40 s. the property of Nash Mason; and one black cloth coat, one waistcoat, and one pair of black knit worsted stocking breeches, value 3 l. one pair of jumps, value 5 s. and one bed quilt, value 16 s. the property of Richard Weaver , in the dwelling-house of the said Nash Mason . *

Margaret Weaver . I am wife of Richard Weaver ; I live at Mr. Mason's, in Great Ormond-street . On the 24th of August last, about ten o'clock at night, whilst the family were up, the house was robbed of the things mentioned in the indictment (repeating them); we discovered it about half an hour after ten o'clock; I found the sash of the hall window up; I am sure it was shut a little time before. The clock has been recovered, but nothing else.

Mary Cibber . I was in the kitchen at the time the house was robbed; I saw the sash of the window was down about an hour before I heard of the house being robbed.

Nicholas Bond . I searched the prisoner's room, on Sunday the first of this month; I went up into the garret; the prisoner's wife was there; she was just delivered; I took the midwife and another woman into a back-room, and asked if that was Thwaite's lodging; one of the women said no, his apartment was the room under it; and that the landlady had lent Thwaites's wife the garret whilst she lay in. I asked if Thwaites's room was locked; they said they believed it was. I saw the key upon a table in the back room; I took the key and desired the midwife to go with me, which she did: I saw a cupboard, the door of which was half open; there I fo und a pistol, a chissel, and a powder-horn (producing them;) I shewed them to the midwife, and this table clock.

" Margaret Weaver and Mary Cibber deposed that the clock is the property of Nash Mason, Esq;"

Prisoner's Defence.

I was walking along Gray's Inn-lane; behind a door there, that goes up into the alley, I heard something tick; I looked to see what it was, and there I found this clock.

For the Prisoner.

Thomas M'Cloughlan. I am writer to the stationer's; the prisoner used to resort to the Crown, a public house in Gray's Inn-lane, where I lodged. I was sitting there one Saturday night, three weeks last Saturday; there was one Linden that wrote in the office I did came; he whispered to me and said he had got a chamber clock underneath the gateway;

I asked him where he got it; he said never mind that, let me take it up stairs: I said I wou'd not, till I knew that he came honestly by it; I said I will run no danger for you, nor no man; I will not take it: he pressed me much; I wou'd not; several people heard it; he d - d me; I said if he d - d me I wou'd kick him; he went out; he came in again soon after, and said dont be angry with what I am going to say; Have you been out since? I said, No; the woman of the house said she wou'd take her oath that I had not been out of the room; he whispered me again, and said, the clock is gone; I said d - n you and the clock too; I don't care any thing about it.

Q. What is become of this Linden?

M'Clonghlan. He has never been heard of since.

Alice Cane . I live in Plough-court, Gray's Inn-lane; I am a midwife: I was delivering the prisoner's wife at the time the clock was taken out of the house; Mr. Bond came in, and stood some time before he spoke; he asked if Mrs. Thwaites was delivered; I said yes; here is the child, I have not put it out of my lap; he asked how long she had been in labour; I told him: he said he was very sorry such a thing had happened, but he wanted to search the place: I went down stairs with him to Thwaites's room; to be sure I saw him find the pistols, and the clock there.

Guilty , Death .

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