290. Ann Berry proceedingsdefend , of Christ Church Spittle-fields , was indicted for stealing a silver spoon, val. 7s. the goods of John Preston proceedingsvictim , Feb. 14th .

John Preston < no role > . I keep a publick house in Spittle Fields . I lost a silver spoon, I can't say she stole the spoon; but I found it at a pawnbroker's in Rag Fair [the Prosecutor had two spoons in his hand] I lost one of these spoons.

Q. Where does the Prisoner live?

Preston. She has lived about two years in my house, as one of our own family, and I never knew any thing amiss of her.

Mary Burton < no role > . The Prisoner came to my house, to desire me to do an errand for her, and that was to pawn a spoon for the gentlewoman at the Paul's Head [Mrs. Preston.] She said, Mrs. Preston had some words with her husband, and gave her this spoon out of her pocket apron to pawn, because she had no money to give her; and I knew she was as intimate in the house, as if she had lived there, and she pawned it for 7 s. to one Mrs. Ireland.

Q. to Preston. Do you believe your wife lent the spoon to the Prisoner, in order to raise money to pay her?

Preston. No, I am sure not in any shape.

Q. She says, your wife and you had some words; how do you know but she might?

Preston. And please you my Lord, if I must speak I must. The maid was ill, and my wife desired the Prisoner to carry some broth to the maid, and gave her a silver spoon to carry to her; and in the evening after she was gone, when I came to look for the spoon, the spoon and the saucepan were both gone. I lent her 10 s. 7 d. to serve her, and she wanted to borrow a crown more. I hope, gentlemen, you'll be as favourable to her as you can.

Prisoner. The gentleman has been pleased to say to this hour, that he would not take 20 pounds for what he has got by me. I did not think it worth while to send for any witnesses, I left myself to the gentleman's and your honour's goodness. Acquitted .