16. Mary Ellis proceedingsdefend , was indicted for stealing a Silver Spoon, value 10 s. the Goods of Thomas Gilbert proceedingsvictim , Oct. 7 .

Tho. Gilbert. About 6 Weeks ago I lost a Spoon, and my Maid informed me no one had been in the Kitchen but her Couzen, the Prisoner; I sent after her, and she would own nothing; but last Saturday was se'ennight, Justice Chamberlain sent to let me know he had got my Spoon, and I must prosecute the Prisoner.

Richard Smitherman < no role > . About 10 Days ago the Prisoner and Mr. Gilbert's Maid came and ask'd for a Spoon, which the Prisoner had pledged to me on the 6th of Sept. last. I brought it down, and the Maid asked her Couzen (the Prisoner) how she could serve her so; they made Words together and went away. I would have sent for Mr. Gilbert, but they did not care I should. In about a Week's Time the Maid came again, and I delivered the Spoon to the Constable. The Prisoner brought it to me herself.

Q Is it your Custom to take such Things in Pawn from People you are unacquainted with?

Smitherman I serve a great many People in a Day, and am not positive whether I took it in or not. I am as careful as I can be.

Jury. Just now he said the Prisoner brought it to him herself; now he says, he does not know whether he took it in or no.

Smitherman. I found it in her Name in my Book, and she told me she brought it herself.

Ermin Armstrong < no role > . I lost a Spoon of Mr. Gilbert's on the 6th of last Month, and not only lost my Place about it, but paid 10 s. for it besides. I taxed the Prisoner with the Spoon, and she deny'd it; but afterwards she carry'd me to the Pawnbroker's Shop, and I saw it with T. G. M. (my Master's Mark) upon it, but he would not let me have it without Money. About a Week afterwards I sent to my Master Gilbert, but because I had paid for the Spoon, he would not come to the Pawnbroker's. Afterwards I found out the Prisoner, and charged a Constable with her, upon which she carry'd me to Smitherman's, and the Spoon he shewed me was the same that was lost.

William Hemsley < no role > deposed, that the Prisoner confessed she stole the Spoon when she went to see the Maid (her Couzen) and told where 'twas pawn'd.

John Daniel < no role > , Butcher at Hampstead, had known the Prisoner 6 Years, and had heard no Ill of her before. Acquitted .