332. (M.) Mary Carey proceedingsdefend , and Mary Sears proceedingsdefend , spinsters , were indicted for stealing a silver watch, value 3 l. the property of Humphry Trott, privately from his person , Aug. 25 . ++

Humphry Trott. On the 25th of August I went to a publick-house, the Peacock in the back lane, Rag-fair , to treat a man with a pot of beer, and Mary Carey < no role > was there; she brought me by the skirt of my coat into Sears's company.

Q. Was you sober?

Trott. I cannot say but I had been drinking before. Sears insisted of my going over the way to another house to be concerned with her. I went. Then she stole my watch.

Q. In what manner?

Trott. While I was concerned with her, she picked my pocket of my watch, my breeches being down.

Q. Was you upon the bed ?

Trott. Yes.

Q. Are you sure you had your watch?

Trott. I am sure.

Court. Why, you was fuddled.

Trott. Not so fuddled but I knew what I was about; I am sure I had my watch, just as I was going up into the room. I missed it within a quarter of an hour's time; I went back and charged her with taking it; I took them both immediately, and the watch was found and is in the constable's possession. I took them before Sir Samuel Gore < no role > , and one of them told the justice I had pledged it for half a crown. (The watch produced in court and deposed to.)

Q. from Carey. Ask him if he had any money to give the girl?

Trott . I treated them with six-pence, and had 2 s. 6 d. left in my pocket.

Q. from Carey . Ask him if he had made any present to her?

Trott. No I did not.

Elisabeth Goadby < no role > . I keep a sale-shop in Rag-fair; that day the watch was lost, a young girl called to me, and said, madam there is some whores in your alley have got a watch. I went out and saw the prisoners , and asked which of them had the watch? They denied it, but the young woman that informed me of it, took hold of the watch as Carey had it, and took it away and gave it into my hand. To the best of my knowledge this is the same produced here. I afterwards delivered it to the constable: Sears was blind, and they were easily secured.

Q. from Carey. Did I not tell you I was going to pawn it for the prosecutor?

Goadby . She said she had no watch, till the young woman took hold of it, and said here it is.

Anne Rothery < no role > . I was sitting at my father's door this day three weeks; I saw the two prisoners, and another woman come into the alley. I saw Carey hold the watch up in her hand, and the blind prisoner Sears was groping in her pocket for it. Then I went and told Mrs. Goadby. ( The rest as Mrs. Goadby deposed, with the addition that she took it out of Carey's pocket apron.)

Q. to prosecutor from Carey. Did you borrow half a crown of the constable?

Prosecutor. It was to pay for the coach.

Elisabeth Cosgrave < no role > . I was with Anne Rothery < no role > at her father's door. ( The rest as Rothery had deposed .)

Carey's defence.

The prosecutor left the watch with me at the publick house while he went over the way about five or six houses distance with Sears: he was to give her half a crown when he came back; then I was to deliver him his watch , but when he came back he wanted his watch, but would not give her the half crown which he agreed to give her , so I was going to pawn it for that money .

Sears's defence.

I was in a publick house along with Mary Carey < no role > : the prosecutor came in and sat down by me, he asked me to go into a private room with him? I asked what he would give me? He said he had no money , but he would leave his watch with Carey till he gave me the half crown, and after that he insisted upon the watch again, without giving me the half crown.

Both Acquitted .