Thomas ALSTON of London [6768]

  General Notes:

Charles Burton, theft: burglary, 24 Oct 1770.
The Proceedings of the Old Bailey Ref: t17701024-11
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Trial Summary:
Original Text:
640. (M.) Charles Burton was indicted for breaking and entering the dwelling-house of Thomas Alston, on the 18th of October, about seven in the night, and stealing two linen tablecloths, value 10 s. one linen apron, value 1 s. one linen handkerchief, value 3 d. and a pair of linen sleeves, value 6 d. the property of Thomas Alston, and one pair of laced linen sleeves, value 12 d. the property of John Guest, in the dwelling-house of Thomas Alston. *
Thomas Alston. I am a taylor, and live in Albemarle-street, Clerkenwell. On the 18th instant, about seven o'clock in the evening, I was in my cutting-room, up stairs; I was alarmed by a neighbour that there were men in my house. I went down stairs, and the prisoner was in the custody of several people at my door; he was searched, but nothing was found upon him; we took him to New Prison. When I came back again I searched my house, and missed the things in the indictment. The sash was up; I had been there a little before, and then the sash was down; the goods were brought over the way from my brother Guest's: the hat and great coat I have not seen since. (The rest of the goods produced and deposed to)
John Guest. I am brother-in-law to Mr. Alston. I live opposite to him; my wife called to me; I ran to the door, and I saw the prisoner jump out of Mr. Alston's window. I immediately said hold of him within ten yards of the window. Before the prisoner jumped out I saw another man run from the window.
Q. Are you sure he is the same man that came out at the window?
Guest. I am positive.
Esther Guest. I am wife to the last witness. I was in my own room, which was opposite to Mr. Alston's; the first thing I saw was a man in my sister's room. I called to my husband, he made haste down stairs; I saw the prisoner bring a parcel of linen to the window, and he came out of the window; he seemed rather to tumble as he came out, and the linen fell over him, scattering about.
Q. Was the linen bundled up?
Esther Guest. I can't tell; it came out of the window at the time he did, and fell about him. I saw another man in the street; I called out to him, You villain, what do you do there? upon that the man ran away. My husband ran over the way, and laid hold of the prisoner.
Q. Are you certain that the man your husband laid hold of was the same that came out at your brother's window?
Esther Guest. I am certain of it; the linen was brought over to my house, and afterwards it was carried over to Mr. Alston's.
Q. How came your linen at your brother's?
Esther Guest. I had sent it there to dry. I saw my brother's window was shut about a quarter of an hour before I saw the man in the house.
William Waters. I was going along the street, about seven in the evening; the prisoner was then in custody; I saw him throw away a pair of linen sleeves, then he wanted us to search him.
Thomas Knight. I was at Mr. Guest's; I heard Mrs. Guest tell her husband that a man was in Mr. Alston's house. I saw the prisoner when they had taken him, and the linen lying under the window; Mrs. Alston took it up.
Prisoner's Defence.
I was playing a game of skittles at Mr. Bird's, the Bowl and Pin in Wood's Close: as I was coming by the end of Albemarle-street, a parcel of men were making a noise; two men came running up the street, and a young fellow rushed by me; two men came up to me, and one of them said this is one of them. They seized me by the collar; one of them said he saw me jump, out of his brother's house. I said if you think so search me; they did so, and found nothing upon me. A good many people came up, and <http://www.oldbaileyonline.org/gifs/1770s/177010240007.gif>
See original <http://www.oldbaileyonline.org/gifs/1770s/177010240007.gif> one said, take that villain to gaol, I know him to be an old offender. I was taken to gaol, though they did not find a halfpenny worth of any thing about me? The gentlewoman says she was in another house; how then could she have her eyes upon me? I was taken in St. John's street. I could have had a good many people to my character, but I did not expect my trial would have come on now.
Guilty Death.