1777-12-17 (static/transcriptions/1777/12/045.jpg)

1777. Sessions. [Wednesday] Dec. 17.

lie with the Wife of Gunsam, and not to steal: that he carried the knife only to cut the string of the door. Impey ask’d Gunsam the Age of his Wife. He said thirty Five. That not being reckon’d a young woman in his Country makes the Story improbable. Impey ask’d the Prisoner what was the name of the woman he said he did not know. That is another Circumstance which makes that story improbable. He said he had been with her only twice before.
I find my brother Chambers much inclined that he should not be convicted of Burglary: The things stolen being of small value Chambers said Petty Larceny was not a felony, though it is call’d in an Indictment feloniously, and therefore a design to commit Petty Larceny would not make breaking the house felony: but Impey and I agreed Chambers was wrong in this opinion, and that Petty Larceny is Felony.
Impey has before told me, that Chambers scruples the conviction of any man capitally for any crime except Murder, but I never heard Chambers say so.