72. Elizabeth Barker proceedingsdefend , was indicted for stealing a Gold Coral, with two Gold Bells, two Gold Shoe-Buckles, two Gold Rings, one Gold Spoon, two Silver Cannister-Tops and six printed Books , the Goods of Rebecca Freer proceedingsvictim Nov. 29th .

She was a Second time indicted for stealing two Gold Rings set with Diamonds one Gold Locket set with Pearls, one Gold Stay-hook, Ten yards of Silk and Lace, and twenty five pair of Gloves one pair of Gloves wrought with Gold and bound with Gold Lace, one pair of Gloves wrought with Silver and bound with Silver-Lace, seven China Saucers, three China Cups, three China Sauce Bowls, one China Punch-Bowl, two yards of printed Callico, two red Silk Aprons, a yard and quarter of yellow Silk Damask, one yard of Silk Pink Damask, three Silver Girdles, thirteen Silk Girdles, one pair of blue Silk Damask Shoes with Silver Lace, eight Cambrick Handkerchiefs, two Fans, one scarlet silk Night Gown, one yellow silk Night Gown, one yellow silk Petticoat, one pair of breeded Shoes, twenty eight ells of Linnen, eighteen yards of Cambrick, two pieces of Cambrick, two pieces of Muslin, one piece of Dimity, two Towels, and other things the Goods of Sir Wolstan Dixy proceedingsvictim , Baronet , November 28th .

First Indictment.

Rebecca Freer < no role > . The Prisoner lived eleven years with my Sister Elizabeth Freer < no role > in Russel-street. And when my Sister dyed which was in March last, the Prisoner went to live with my Niece Lady Dixy at Bosworth in Leicester shire , the Seat of her Husband Sir Wolstan Dixy, The Prisoner came from thence to London in August last, and the Goods mentioned in the Indictment were found at several places she had left them.

Mr. Herbert, Constable. These Goods I found at Mr. Smith's in Theobalds-Court Red-lion-Square. This parcel at Mr Bingham's in Drury-Lane. This at Mrs. Spericks in Bloomsbury-Market, an this at Mr. Medley's in Compton-Street St. Anns.

Mrs. Freer. I am Executrix to my Sister and as her Executrix this Coral and these Goods are mine.

Q. Were they never in your Possession.

Mrs. Freer. No.

Q. How long before her Death had you seen the Goods in her possession.

Mrs. Freer. Not for several Years.

Elizabeth Freer < no role > . I have often seen this Coral in my Mamma's Scrutore I saw it there just before her Death - This enameld Ring was my Mamma's. It was lost from her House seven or eight Months before she dyed. As for this other Ring, I can't say it was mine or my Mamma's because we had several such, I know nothing of the Buckles or the Canister-tops.

Q. Was not the Prisoner often entrusted with Madam Freer's things?

Mrs. Freer. Yes, my sister and all of us had a very good Opinion of the Prisoner till the Goods were mist - When Sir Wolstan was going into the Country, the Prisoner came to settle Accompts with me, there being five years Wages due to her at my sister's Death - I desired her to deliver me up every thing that belong'd to my sister. She gave me a Box, a Gold Ring, and three pieces of Callicoe, I asked her if she had any thing else of my sisters, and she said no.

Council. Did she say nothing about putting things up in a hurry?

Mrs Freer. No - When the Goods were found in her Custody, she said, that I bid her take every thing that was in the Drawers, and so she took those things among the Rest. I told her indeed she might take all her Lady's (my sister's) Linnen and when she brought the Gowns and Petticoats to me, I took what I thought fit, and gave her the remainder.

Council. At whose desire did you engage in this Prosecution?

Mrs. Freer. My own.

Council. Did you never declare that you did it at Sir Wolstan's desire.

Mrs. Freer. No.

Mary Smith < no role > . After the Prisoner left Sir Wolstan's Service she came to my House and told me Mrs. Freer, had taken 2 suits of Cloaths, a Black Velvet, and a White Damask from her, but she was even with her another way, for she had got a Gold Coral and a Gold Spoon. This was three Months ago, and about one Month ago she went into Essex. and left three Boxes at my House, In one of them this Coral and this Mourning Ring, was found.

Prisoner. I lived twelve Years with my Old Lady Madam Freer. I kept all the Keys, and was entrusted with every thing that was of Value in the House. After my Old Lady dyed, my Young Lady Married to Sir Wolstan Dixie. In a little time we left of House-keeping in Town, and the Goods were all pack'd up in great haste, to go to Sir Wolstan's Country-Seat in Leicester shire. And its very likely that I might, when we were in such a hurry and Confusion, put some of my old Lady's things among my own. The Night before we went away, I would have settled with Madam Freer (my old Lady's Sister and Executrix) but she said she had not leisure then, and she would settle with me when the Family came to Town again - Sir Wolstan turn'd me away suddenly, and I return'd to London in August last, but Mrs. Freer has never yet called in to settle the Account, and the Five Year Wages and other Money is yet due to mes.

Mrs. Freer. Tis true the Account is not-yet settled and I believe there is five Years Wages due to her

Mr. Herbet, Constable. I went down into Essex to take the Prisoner and when she was told that Sir Wolstan had sent Baron Thompson < no role > 's Warrant, she said Sir Wolstan need not have given himself that trouble, for if he had but sent her a Letter she would have come to him and let him have look'd over all her Boxes. Upon this, I took no Charge of her, but came away and left her to come as she thought fit, she took Horse and came to Town with a Friend of hers, without being in any Custody.

Mrs. Bainton. I knew her twelve Yeard when she lived with Old Madam Freer, anr, she always behaved in the best Manner and so much to her Mistress's satisfactiod that she left her a Legacy of Ten Pound Madam Freer dyed the 13th of March anron the first of May her Daughter was married to Sir Wolstan Dixy and they went directly to Lewisham. Sir Wolstan and his Lady came to Town again on Friday the rest of the Familiy came on Saturday. And on Sunday the Goods were pack'd up in a great hurry and Confusion, in order to set out the next Morning for Bosworth in Leicester-shire. The Room was strewed all over with Goods, and the Prisoner was putting them up in Trunks and Boxes, she said she scarce knew where to put things, and believed that by mistake she had put up some of her Lady's Goods with her own.

Mrs. Collins. I have known her eleven or twelve Years, she was House-keeper and Head-servant , and had the best of Characters from the Family.

When I heard she was in Newgate, I was amazed, and should as soon have thought of hearing the King was there - I live at the Colour Shop. in King's Gate Street.

Cornelius Maddox < no role > , Porter. I assisted her in cording up the Boxes, and Trunks. I said, Here is a great many Things, what must I do with them. Aye, says she, Here is a great many things of my Ladies, as well as mine, I think I will send them to Lewisham. But Mrs. Bingham, and Mrs. Smith, told her she might leave them at their Houses, and accordingly, the Boxes were carried to their Houses publickly.

Mrs. Wright, The Day Sir Wolstan went out of Town, the Prisoner said to Mrs. Freer, Mam, there is a great many things put up, but if in this hurry there should be any thing of my Lady's intermixt with mine, here are my Boxes, we shall not stay for ever in the Country, and when we return we will put all to rights.

Mr. Nelson, Jeweller in Bow-lane. I am related to Madam Freer - Since the Prisoner was discharged from Sir Wolstan's service, and before she was taken up, she called at my House, and said, she was going into Essex to see her Friends; that Mrs. Freer owed her forty Pound, and my Lady Dixy owed her one hundred Pound; that she believed in the hurry she had packed up some things belonging to the Family among her own, but when they came to Town she would settle with them, and look out what was theirs, and return them. Sir Wolstan's Family was then in Leicestershire, and Mrs. Freer was at Lewisham - The Prisoner had the Character of a very honest. faithful Servant, she was intrusted with the Jewels.

Mr. Smith, again. I was by when she was packing up the Goods in a great hurry: she asked me if she might send some of them to my House. I told her, yes, and welcome. No Body came to enquire after her, till Sir Wolstan came with a Constable.

Mr. Betts. I had her from her Friends, when she came about fourteen Years old, she lived with me two Years, and went from me to Madam Freer. I never heard a Word a-miss of her before, for she had an unspotted Character, and I always valued her for it.

Mr. Witham. I knew her before she lived at Mrs. Freers, she always bore a very good Character, without the least Aspersion.

Mrs. Preir. I have known her ten Years, she had a very honest good Character - I visited her Lady, who had a very good Opinion of her.

The Jury acquitted her.

Second Indictment.

- Herbert, Constable. These two Diamond Rings were found at Mrs. Smedley's; this Gold Locket and Gold Hook at Mrs. Smiths.

Mrs. Freer. Both these Diamond Rings were Lady Dixy's, but I do not know the Locket.

Miss Freer. This Ring was lost a Year ago by Lady Dixy. The Prisoner said she had lost two Moidores, and her own Ring, and this, and that she believed one Mark Sayer < no role > , had taken them; but this Ring was found in her Box - This Gold Hook was Lady Dixy's, and this Locket is hers, it was given her by Sir Wolstan, and she said she would never part with it.

Herbert. Here is a parcel of China-saucers, three Cups, three Sance-bowls, and one Punch-bowl - but several of them are broke.

Sir Wolstan Dixy. This Locket was my Mother's, I believe there's my Grand-mother's Hair in it. I gave this to my Wife, with a Picture of one of my Ancestors (set in Gold) who was Father to the Lord-Mayor of London in 1585. I gave it to her in Leicestershire in July last, and have never seen it since: she said she would never give it away - I lost eleven Shirts, and fourteen pair of Stockings. This China was found at Smith's, all but one sauce Bowl, and that was at Smedley's; the last time I saw it, was at Bosworth Park. That Punch Bowl had a Cover, and cost me three pound; it was crack'd, but not broke when I had it last. This Blue Winesauce Bowl was whole in August. My Wife had a Respect for the Prisoner at first, but soon grew sick of her, for she used to sit up till two or three in the Morning, for which, and other Reasons, I was resolved to part with her: she was seven Days or more in packing up her Things: she endeavoured to keep out of my sight, but I met with her on Sunday, and told her she should go the next Morning: so she sent away six Boxes, and Trunks of Goods to the Waggon before I was up -

Herbert. Here is ten Yards of silk and stuff Lacing, twenty five pair of Gloves, one pair trim'd with Gold, and one pair trim'd with Silver, part of these were found at Smedley's.

Sir Wolstan. This Lacing is the Remainder of what went round my White Damask Curtains in Leicestershire - The Gloves I cannot swear to, but I have paid twenty pounds for Gloves since I was married.

Mr. West, a Glover. I know one pair of these Gloves, but I cannot tell whom I sold them to.

Council. Two Yards of printed Callico.

Sir Wolstan. This I had in the Country before I was married.

Council. Two Red-silk Aprons.

Sir Wolstan. I do not know them.

Council. A piece of Yellow Damask.

Mrs. Smith, Mantua-maker. This Damask is part of a Gown I made for Lady Dixy a Year ago.

Juryman. How can you swear to that? Did you compare the Figure and Selvedge - I would not swear to a piece of Silk that was in my shop a Year ago.

Smith. I heard her say she had a Yellow Gown of her Lady's, which Sir Wolstan bid her leave, but that she took part of it, and hoped her Lady would send her the rest.

Sir Wolstan. She had taken the Yellow Gown to pieces.

Miss Freer. She had the Gown of Lady Dixy to pack up, but Lady Dixy asked for it again, and bid her leave it all; But the Prisoner said she would have part of it.

- It was Lady Dixy's Night Gown at Bosworth. The Prisoner had it, and my Lady bid her leave it; and she said she would leave it; but then she said she would have half of it back; so that it should do no body any good.

Juryman. It seems then it was given her, and she said publickly before the Family, that she would keep part of it.

Council. A piece of pink Damask, three silver Girdles, thirteen silk Girdles, one pair of blue silk Damask Shoes, with silver Lace.

Miss Freer. I believe these are Lady Dixy's Shoes, but I am not sure.

Council. Eight Cambrick Handkerchiefs, two Fans.

Miss Freer. These are Lady Dixy's Fans, she had them at Bosworth - She had a great Number of Fans.

Council. One Scarlet silk Night Gown.

Mrs. Smith. I believe I made this for my Lady; I have made her three, four, or five such in a Winter.

Prisoner. Would not you have bought that Gown of me when I was going into Mourning for my old Lady?

Smith. She offered to sell me a scarlet Gown before they went into mourning, which was about eight Months ago; and she said, her Lady gave it her - This may be the same for ought I know.

Council. One Yellow silk Gown and Petticoat.

Smith. I made such a Coat and Gown for my Lady.

Q. How many new Gowns might you make the Lady in a Year?

Smith. A great many - I believe a Dozen in a Year.

Q. And what could she do with so many, if she did not give some of them to her Maids?

Smith. The Lady used to give the Prisoner a great many Clothes, and she never denied or concealed them, but wore them in publick - She told me when her Lady married, she had given her all her Clothes.

Q. Is it not usual for single Ladies of great Fortunes to give away their Maiden Clothes when they marry?

Smith. Yes, it is usual - And all these Clothes in Court were made before my Lady married, for when she married she was in Mourning.

Madam Freer. My Niece had a good Fortune, and Sir Wolstan has a large Estate.

Council. Here is a parcel of new Linnen.

Sir. Wolstan. I doubt that Linnen was taken from me, for I had a great Bill to pay Mrs. Bingham for Linnen - I have had above one thousand Pound to pay since I have been married for things that I knew nothing of - It is very corroborating that the Prisoner should have fourteen or fifteen large Trunks, Boxes, and Scrutores filled with Goods.

Juryman. You said, she sent but six Boxes from your House.

Sir Wolstan. Yes; but in searching, we found eight more, though as I found nothing in them that I knew to be mine, I did not charge her with them.

Council. Have you not declared you would have her hanged before Christmass, if it cost you one thousand Pounds.

Sir Wolstan. No - I was told it would be an expensive Prosecution; and I said, I would have Justice done me, if it cost me one thousand Pounds.

Council. You say your Lady was sick of the Prisoner, How comes it that she does not appear in this Prosecution?

Sir Wolstan. She is at my Country Seat in Leicestershire - She is with Child, and in her Condition, and the badness of the Roads, it might endanger her Life to come up.

Council. Have you not said that you had prevented her coming to Town?

Sir Wolstan. No.

Council. Have you not commanded that your Coach should not go above four Miles from home?

Sir Wolstan. I am not to answer all Questions.

Council. Have you no Papers, or Notes due to the Prisoner?

Sir Wolstan. No.

Council. Did you seize none when you seized the Goods?

Sir Wolstan. I had some - The Constable found two. I think one was at Smith's, and the other at Smedley's; but he told the People at whose Houses he found them, that he had such Notes.

Q. What became of them?

Sir Wolstan. I have them not - They might be left in the Boxes where they were found.

Council. Had you no Letters?

Sir Wolstan. Yes; I found some of my Wife's and some of my own, and a Letter to one of my Footmen.

Q. Where are they?

Sir Wolstan. I have them not here.

Q. Why did you take Letters that did not belong to you?

Sir Wolstan. Some of them are my own.

- Produce the Letters.

Sir Wolstan. They are of no consequence. The Papers were chiefly Bills upon me - Shoemakers, Drapers, and other Bills of Parcels for Goods.

Prisoner. Did not you say to me at the Tavern the Night I was committed, that if I did not tell you what past between Capt. - and - you would send me to Newgate.

Sir Wolstan. She writing to my Wife since I came away, mentioned the Names of Capt. - , and a Baronet; and told my Wife it was unfortunate she married so soon, for she might have had such, or such a Gentleman.

Council. Officer, Call Lady Dixy - We have subpoena'd her, and will prove that she was willing to come.

Then Lady Dixy was called, but did not appear.

Thomas Weaver < no role > . This Subpoena I served Lady Dixy at Market Bosworth, on Day last. I told her I came from Mr. Nelson, who desired she would come to Town to clear her Servant. She said, she was never more surprized; that she believed the Maid was very innocent; and that she would come with all her heart, but that Sir Wolstan had sent her down a Letter, and threatned it should cost her her Life if she came - she said she had been served with one Subpoena before by Mr. Street - I set out on Saturday Night last at half an Hour past eight. I took post at Littleworth, and rid a-cross the Country with the Post-boy.

Robert Nelson < no role > . The Prisoner sent for me to Newgate, and I knowing how she had been trusted, and what Character she bore, I took Horse this [Satur] day was a Fort-night, and arrived at Bosworth on Sunday. I told Lady Dixy, that Sir Wolstan had sent her Maid to Newgate. She said I am surprised that Sir Wolstan should offer such a thing, I believe she is as innocent as the Child unborn. He must know that she had a great many things of mine which I gave her. I told her among other Things, that she was charged with stealing a Locket and some China. She answered I gave her the China, and as for the Locket it was but a paultry Thing, that Sir Wolstan gave me, and I bid her lay it by among her other odd Things till I came to Town, and then I would settle with her, for I owe her a hundred Pound, I told her, when I came to London I would send her a Subpoena. She cryed, and said she would come with all her Heart, and would pack up her Things to be ready against next Friday - After the Prisoner came from Bosworth, but before she went into Essex, and before there was any Warrant against her she dined at my House, and told me, she had got a Locket of Lady Dixy's, that the Lady owed her a hundred Pound, and when the Lady came to Town they should settle, and the Locket should be returned. And she said too that Mrs. Freer owed her ten Pound for a Legacy and thirty Pound for Wages.

Mr. Richards. When Sir Wolstan took out a Warrant against the Prisoner, we spent that Evening at the Tavern. I told him it was natural to believe that his Lady gave her the Cloaths, and therefore it would be proper to send for her up. No D - me if I do, says he, for then she'll be acquitted. Mr. Burdock was with me and heard the same - I remember in particular the Locket and Rings were then mentioned.

Mrs Yates. My Husband is a Silk-Dyer, we live in King-Street Bloomsbury - Last Saturday was seven-night Sir Wolstan came to my House, and said he had a Warrant to search for Betty Barker's Things, and seeing some Silks in the Shop, he said, These are some of my Lady's Silks I suppose No says I, you should consider this is a Silk Dyers shop. Then he said Betty Barker < no role > had robb'd him of several hundred Pounds, and he had got her in Newgate and she should be hang'd. And yet at that very time, she was not taken, but was with her Friends in Essex. I told him I was sorry to hear him charge her with any such thing, when I knew she had behaved so well to good Mam Freer - I have known her seven Years and she was a very honest Industrious young Woman.

Mrs. Colly. Sir Wolstan came one day to our House, and went up stairs and talk'd with my Sisters - My Sisters came out with him, and one of them said, Indeed it was none of I that said so He answer'd, Then it was your Sister. But she denyed it too, and then he turned to me and said, Then you say that she will return all the Things, and confess the Felony - No, God forbid! says I, for I believe she is as good and as honest a Servant as any in England. - He said if Mrs. Freer would not indict her she would not be hanged.

Mrs. Bainton. Sir Wolstan came to my House two Days after she was committed, and said, she had stoln a thousand Pound and was gone to Newgate. I was so surprised that I was ready to fall into fits. He told me and spoke it with great passion and violence, that he would hang her, let it cost what it would. Next Week he came again and said, I see you have all forsaken me, you all go to Newgate. I told him no, I had not been there, I hear says he, that my Wife is coming up, but if she does, she comes none to me, for I'll throw her off, and she shall never live with me again. I have ordered my Servants not to carry her in the Coach above three or four Miles from Home.

Mrs. Betts. I have known the Prisoner fourteen Years, she lived with me two Years and always had an excellent Character.

Mrs. Rogerson. I have known her nine or ten Years, she lived in good Reputation, and came of a good Family - Sir Wolstan came to my House, to search for Boxes, and said she had robb'd him of two thousand two hundred Pound.

Mrs. Bridges. I have known her fourteen or fifteen Years, she has a very honest Character.

Miss Freer, I have heard Nelson say, at our House, that he would forswear himself to serve his Friend.

Q. Was that in a Serious or Jocular way?

Miss Freer. I think my Aunt was by when he said it.

Mrs. Freer. I don't remember it.

Mr. Nelson. I never made such a Declaration.

Mrs. Smith. I have heard him say in a ratling merry way, that he would say any thing to serve a Friend.

Mr. Hubert. I have known Mr. Nelson four Years, and believe him to be an exceeding honest Man, and cannot think he would forswear himself on any account - I lent him five hundred Pound, and no security, but his honesty for it.

Mr. Whitehead. I have known him six Year, he bears a very honest Character.

Mr. Cary, deposed to the same effect.

The Jury acquitted the Prisoner, and the Court granted her a Copy of her Indictment.