133, 134. (M.) Ann Mathews , otherwise Cole, otherwise wife of Thomas Tobin proceedingsdefend , and Mary Dean , otherwise Mary wife of Richard Rusty proceedingsdefend , were indicted for stealing five pair of worsted stockings, value 10 s. the property of William Newton proceedingsvictim , privately in the shop of the said William , Jan, 14 . +

William Newton < no role > . I am a hosier , and live in Clement's-Inn, Clare Market . On the 14th of January I and my wife had been at the Rising Sun, in the passage near my house. She came home a little before me. When I came in there were Joseph Elvington < no role > and my wife looking out something for the two prisoners in the shop. Cole asked for worsted blue chevron'd hose, but they could not find them. Then Cole said I am going up the market, I'll call as I come back. As soon as they were gone my man said, what have they bought. I said, nothing. Then, said he, they have stole a pair of rib'd grey hose, which lay upon a bundle, and shew'd me the bundle. I had seen them when I came into the shop, lying on the counter, right before the prisoners. At that time I did not miss any thing else. My servant went after them, and brought them into the shop in about a minute or two, they having not been gone above forty or fifty yards. I charged them with robbing me of a pair of stockings, and shew'd them the place where they took them from. Mathews, otherwise Cole, denied it, and said she never did such a thing in her life. The other prisoner said nothing. I told them I'd have them search'd. I was going to turn myself about, and saw Cole drop this bundle, and these two pair of worsted stockings. (Producing a paper parcel and two pair of loose stockings.) She would have came near to the counter, but I would not let her, and she was moving towards the other end of the shop. (Mine is a long shop.)

Q. How near was she when you saw the stockings and parcel to the place where you saw the stockings lying on the counter?

Newton. It was about two or three yards distance. She pull'd off her capuchine, and laid it down. I saw the stockings in her hand, and the paper parcel fall down, which came to the ground first, and the stockings just after them. Then she desired to be searched. I pull'd her on one side, and took them up from under her, and said there is no occasion to search you now. for here they are.

Q. Did they fall from her, or the other prisoner?

Newton. The other prisoner was not near her, she was a yard or two from her. Cole then sell down on her knees, and beg'd for mercy, and said it was the first fact she ever committed. I carried them and the goods to justice Fielding.

Q. Did the other prisoner say any thing upon your finding the stockings under Cole?

Newton. She beg'd I would shew Cole mercy.

Q. Whose property is the paper parcel and stockings ?

Newton. They are stockings my property, marked with my own name. The two pair of loose stockings are also my property. Justice Fielding, having knowledge of them, would not trust them to go to gaol with the constable, but sent for a file of musqueteers, saying Cole was a very dangerous person. She there intirely denied the fact.

Cross Examination.

Q. Did they come back without hesitation?

Newton. They did.

Q. How came you to be so particular as to your stockings?

Newton. There is my name on them, which I put on them when I send them to the trimmers.

Q. What did your servant say upon this ?

Newton. He said upon seeing the bundle, that is the bundle that I took down for them to look at.

Q. Had not Cole been first searched before you found the bundle?

Newton. It was all done in a minute. When I charged her with the fact, Cole began to shuffle her things about, and the things sell as I before mentioned.

Q. Did you give the same account before the justice?

Newton. I did.

Q. Was not she in the back room before you found the goods?

Newton. No. She was to have been taken in to be searched, but upon their being found I did not take her in there.

Q. Where was your man at this time?

Newton. He was almost at the upper end of the counter at the time.

Q. Did not you declare you found these goods on the ground?

Newton. I took them up from off the ground.

Q. Have not you declared you believed you was mistaken, and that you thought this Cole was not the woman?

Newton. No, never.

Q. Did not you say you should get a couple of Tyburn tickets if you could convict them?

Newton. No, I never did. I could have had 200 l. if I would not have prosecuted.

Q. How do you know you could?

Newton. There were people came and offered me money if I would have comply'd so to do.

Q. Who were they?

Newton. One was a little fellow; and one Scot came to my shop last week, who said he came from Tobin, and desired much to know if I would meet him at any house, and said, we can get you 200 l. if you will not prosecute, and said you had better not find the bill.

Court. Who do you call next?

Newton. I did intend to have call'd my servant Elvington, but he has absconded, and I have a warrant against him to take him up; but as one of the prisoner's friends has acquainted the court, when I knew not where to find him, that he was in the gallery, and wants him to be examined, I rather chuse that he be not examined, for I verily believe he has been bribed.

Court. As he is here, we'll examine him, but not as a witness for the prosecutor.

He is sworn.

Joseph Elvington < no role > . I was servant to the prosecutor.

Q. When did you leave him?

Elvington. I left him last Saturday was se'nnight at night.

Q. How came you to leave his service?

Elvington. For a very good reason; I did not approve of his place, nor his goings on.

Q. Did you see the two woman at the bar in his shop?

Elvington. I did, they came in and asked for some worsted clock'd stockings.

Q. What time of the day was this?

Elvington. Between four and five o'clock in the afternoon. I had been but a small time in the place, and was not very read at serving My master had been out, and my mastress came home first; immediately after he came, and I desired him to come and serve the gentlewomen himself.

Q. How long had you been servant there?

Elvington. I came on the Monday, and this was the Saturday after, the 14th of January.

Q. Did you shew them any thing?

Elvington. I did not.

Q. Did not you take down a parcel to shew them?

Elvington. Yes, I did, but I did not know what was in it.

Q. Were there any more lying on the counter at the time?

Elvington. There were a great many more there.

Q. Did you open any paper?

Elvington. No. I did not, but there were several lay open upon the counter. When my master and mistress came in, I went back to my frame to work, at the as farther end of the shop. My master had given me a caution to be watchful when any body came in, to see that they took nothing. I saw Ann Cole < no role > lean on the counter where the goods lay open.

Q. At what time was this?

Elvington. This was while master was looking for the stockings she asked for. He could not find them.

Q. Did you see her touch any of the stockings?

Elvington. She might touch some of them that lay on the counter. I did not see her take any in her hand.

Q. Where was Mary Dean < no role > at that time?

Elvington. She was standing at a distance from the counter. Master being uneasy that he could not find the stockings, pull'd down many papers, and filled the counter very full. Mrs. Cole said, we are going up the market, and when we come back may be you may find them. Then she they went both away. After they were gone, I observed a pair of grey rib'd stockings that had lain on a bundle were missing. Then I asked my master if he had shifted them, he said no. Then I said I apprehended the women had taken them.

Q. Look at one of these loose pairs?

Elvington. I believe these may be them, they lay upon a bundle.

Q. Was that bundle near where Cole stood?

Elvington. They were pretty near her.

Q. Look at the outside of this bundle. Do you remember whether this lay on the counter?

Elvington. I can't really say, but I believe it might Master desired me to fetch them back. I went and desired them to come back, which they did very willingly. Then master charged them with taking a pair of stockings, and insisted upon their being searched. Immediately Ann Cole pull'd off her cloak and apron, and desired to go into the little room, to be searched. At the same time master was on the opposite side of the counter. He leap'd over the counter, and took up those stockings from behind a rail where were some old stockings to hang for a shew, and said you need not to search any farther, for I have found them again on the ground [holding the stockings up at the same time] I believe these to be the same, except he has changed them since I left him.

Q. Whereabouts did he take them up from?

Elvington. He found them behind the door, at the upper end of the shop, behind a rail that lay on the ground.

Q. Where were the women at the time?

Elvington. They were near the door then, not a great way off.

Q. How far were the stockings found from Ann Cole < no role > ?

Elvington. I believe she was near a yard from them.

Q. Where was you at the time ?

Elvington. I was on the same side of the counter that he was on, close to the women.

Q. Did you observe the women all the time?

Elvington. I did, very diligently.

Q. Did you see the stockings on the ground before your master took them up?

Elvington. No, I did not.

Q. When did you first see them?

Elvington. When my master had them in his hand.

Q. Then how do you know that he had pick'd them up?

Elvington. According to his own words. He said you need not search any farther, for I have found them here upon the ground.

Q. How came you to say they were behind the rail, if you did not see them upon the ground ?

Elvington. He said they lay there himself, and the rail lay near that place.

Q. Whose stockings are these?

Elvington. I believe they are my master's property. On the 10th of February I was at work in my frame. Master came, and with several protestations told me, he would prosecute the two prisoners to the utmost of his power, and desired me to do the same, saying, we shall have two Tyburn tickets, which will be worth 10 l. each, and he would give me one of them. Then he asked me if I saw the prisoner Cole drop the stockings. I said no, I did not. His answer to me was, no more did I, but sure enough they had them, and I'll prosecute them to the utmost of my power; which gave me a great concern to think he should go to Mr. Fielding, and give his evidence against them.

Q. Did you put them on the ground?

Elvington. No, I did not.

Q. Do you know any body that did?

Elvington. No, I do not.

Cross Examination.

Council for Prisoner. Did you watch the prisoners narrowly.

Elvington. I did.

Q. When they were brought back again, what did your master say to them?

Elvington. He said there are a pair of stockings missing, and my man is apprehensive you have got them, and I insist upon your being searched.

Council for prisoner. Did you see one of the women fall on her knees.

Elvington. No, I did not, neither of them. I heard my mistress say Cole did.

Q. Was you close to them all the time?

Elvington. I was.

Council for Prisoner. Did you hear Cole beg for mercy?

Elvington. I heard her beg for God's sake not to be taken before a magistrate, for she had a family of children, and was a poor woman.

Council for prisoner. You say they both came in willingly.

Elvington. They did, and Cole pull'd off her apron and cloak, and threw them on the counter in the shop, and desired to go into the little room to be searched, and in a moment's time after my master found the goods upon the ground, but I can't say whether he got over the counter, or lean'd over it, to take them up.

Council for prisoner. Do you think if the woman had drop'd the stockings as your master has related, you should have seen them fall?

Elvington. I really think I should.

Council for prisoner. When they were charged with this fact, what did the prisoners say?

Elvington. They denied it absolutely.

Council for prisoner. Did they continue to do so?

Elvington. They did, I never heard them acknowledge it.

Council for prisoner. Did you continue in the shop as long as they were there?

Elvington. I did, and went with them before justice Fielding.

Council for prisoner. Did you on the 10th of February, or any other time, hear him declare his being mistaken?

Elvington. No, only he told Mr. Fielding he saw them drop, and told me he did not see them drop.

Q. Did you say any thing to your master when they went out of the shop ?

Elvington. I went to him, and said, have you shifted a pair of rib'd stockings from this place, he said no, then I said I am apprehensive those women have taken them.

Q. Why did you apprehend so?

Elvington. Because I had seen a pair of stockings lying there open, and when they were gone I did not see them.

Council for prisoner. Is it not an easy matter, where there are a great number of stockings, for 2 pair to drop on the floor?

Elvington. Since this has happened I have seen stockings drop on the ground by customers, unperceived by them.

Q. Did she not mention the word fact?

Elvington. No, not to my knowledge, she did not mention that word. I am sure I never heard her.

Michael Arman < no role > . I was charged in the king's name to aid and assist in the taking the two prisoners before the justice. Cole beg'd and pray'd she might not go before the justice, fell down on her knees, and beg'd for mercy; she mentioned these words, as it was the first time she hoped he would forgive her.

Q. Where was this?

Arman. This was in the passage coming out of the shop. Cole said she was a poor woman, and had five small children.

Q. Was Elvington by at this time?

Arman. He was.

Q. to Elvington. Are you sure you did not hear this?

Elvington. I did not.

Leonard Clark < no role > . On the 14th of this instant I went down to New-Prison along with the prosecutor, to the two prisoners at the bar. Mrs. Scot was there (she lives in the parish of St. Giles's ) who said, before the two prisoners should be hurt she could produce seventeen hundred pounds, and would spend it all.

Q. to Elvington. Do you know Mrs. Scot?

Elvington. My master took me to New-Prison; that was the first time I ever saw her.

Q. Have you not seen her since?

Elvington. No, I have not.

John Hall. Elvington lodged with me that very night that he had been with the two prisoners to Justice Fielding, and told me that he had seen one of the women drop the stockings, and that he would prosecute them along with his master.

Q. to Elvington. What do you say to this ?

Elvington. I never said such a thing.

Cole's Defence.

This pair of hose which he says he found on the ground, he found amongst the rest of the stockings lying there. When they brought me back he ask'd me if I had taken a pair of rib'd hose. I put off my cardinal and apron, untied my petticoats, as far as I could modestly, and said, what would you have me do? look among your stockings, and see if you can find them; which he did, and found them lying on the counter. The man said, here is the hose. Said the master here is another pair missing. Then I insisted on going into the room to be searched. I went to the door, and untied my petticoats, to be searched by his wife. He walked to the upper end of the counter, and said, here is a bundle of stockings and a pair of hose.

For the Prisoners.

Thomas White < no role > . I have been with Mr. Newton the prosecutor frequently since this affair.

Q. What are you?

White. I am a grocer, and know the prosecutor, who lives in the passage coming up from Clare-Market; he bears but a very slender character: he attends Mr. Fielding's office, in regard to apprehending people, and I find he has received bounty-money for such. On the Monday after this affair happen'd I was in company with him, and also the next day. At the first time I heard him declare to several people in the publick room, at the Three Tuns in Clare Market, that he did not know whether he was right in the affair; but said, he should be very glad if he could have restitution for the goods he had lost.

Q. On what account did he think he was not right?

White. He said there were two other women there buying goods at the time, besides the two women at the bar, and he could not tell how it was; but wish'd he was not mistaken.

Q. Who was present at this declaration ?

White. There were several people, but I know none in particular; it is a house that I generally call to drink at when I go that way. He said he would take any thing that was offered him, if he could do it with safety, but he was under the direction of Mr. Fielding. Next day I was with him at 2 or 3 places; he said he was sorry for what he had done, but he dared not to run counter to what Mr. Fielding had ordered him to do. And at the Blakeney's-Head, near justice Fielding's, he said he had carried it on a great length, but he could do no otherwise, fearing he should lie under the displeasure of Mr. Fielding, for what reason I can't tell; there were Mr. Saunders, Mrs. Hawkins, and Mrs. Barrow by at the time.

Q. Where do you live?

White. I live in Old-street, at the corner of Brick-Lane.

Q. Are you a housekeeper?

White. I am, and keep another house in Clerkenwell, in another branch of business.

Q. What business is that?

White. I make grease and tar for coach and cart wheels.

Q. Did you know Newton before this?

White. I never saw him in my life before I overheard his discourse at the Three Tuns, as he was forcing his discourse to people in the kitchen, not to me. Then I talk'd with him on the affair.

Q. How came you to be in company with him at two or three places?

White. Because these women were going to have a hearing at justice Fielding's.

Q. Did you know either of them before?

White. Cole and her husband have been acquainted with me several years; they are of good character, and I having a regard for the woman, was willing to go and hear it; it was in regard to her husband, he being a particular acquaintance. I believe he has left her support enough to carry her to her grave without doing this.

Q. Did you know Elvington before this?

White. I never saw him before this.

Q. How long have you been a grocer?

White. About a year.

Q. What was you before?

White. I dealt in tar and grease some years.

Q. How long have you lived in that house where you keep a grocer's shop?

White. I have lived there about eight years.

Elizabeth Barrow < no role > . I was in company with Mr. White and Newton, at the Three Tuns, about three weeks ago.

Q. What discourse passed between them ?

E. Barrow. Newton said if the prisoners would satisfy him with 10 l. for the goods he had lost, he would not bring a bill against them.

Q. Was Newton there before or after you?

E. Barrow. He was in the house before I went in; they were talking about the affair, but I did not listen much about it.

Q. Repeat the words you heard him say?

E. Barrow. He said if Cole would make him a recompence of 10 l. he would not bring a bill of indictment against her.

Q. How long have you known Cole?

E. Barrow. I have known her above ten years; her husband was an honourable gentleman. I am sure she was never guilty of such a thing in her life.

Q. What is her general character?

E. Barrow. I never heard any thing but the best of characters of her.

Q. Where has she lived?

E. Barrow. In Morefields.

Q. Whereabouts ?

E. Barrow. Just by the square.

Q. What square do you mean?

E. Barrow. A place of all fine houses.

Q. Have you ever been at her house there?

E. Barrow. I have, many a time.

Q. What trade is she of?

E. Barrow. She was a shopkeeper when I nursed her.

Q. How long is that ago?

E. Barrow. Above ten years ago.

Q. Have you seen her often since?

E. Barrow. I have been in company with her every month.

Q. When was you at her house last?

E. Barrow. I have not been there these twelve months.

Q. What trade did she carry on in her shop?

E. Barrow. The business of a grocer.

Q. How long have you known White?

E. Barrow. I have known him above twelve years; we are neighbours, and he lives in Old-Street.

Q. Is he any way related to the prisoner Cole?

E. Barrow. No; he is only a neighbour.

Mary Hawkins < no role > . I have known Cole the prisoner a great many years.

Q. Do you know White?

M. Hawkins. I do. I saw the prosecutor at the Blakeney's-Head on the Tuesday after the prisoners were taken up, which was on the Saturday.

Q. Did you ever see him before?

M. Hawkins. No, never, I went in to ask the prisoner Cole if she would have any thing to drink Mr. Newton was there, who tap'd me on the shoulder, and said he wanted to speak with me. He took me into the box, and said, what would you have me to do? I said, you are a stranger, go as far as honesty will go. He said, I have lost goods at divers times, and if I could have any tolerable satisfaction I would not prosecute; but I am obliged to send her to gaol, or Mr. Fielding will send me to Newgate.

Q. How came he to consult with you who was a stranger?

M. Hawkins. I don't know.

Q. Had you given him any hint that you had a power to make it up?

M. Hawkins. No; I only went to give the prisoner a character, having known her many years. I did not know that he was the prosecutor, till the people said he was.

Robert Saunders < no role > . I am servant to Mr. Pentilow, the keeper of New-Prison. I brought up the two women at the bar, to have an examination before Mr. Fielding, about three weeks ago. The gentlewoman last examined was along with the prosecutor, who came, call'd me out, and said, what must I do in this affair? he can't make me prosecute unless I have a mind. I said, I wish you would speak to the other people, I know nothing of it. After that the women at the bar were committed. He has been at our house several times since, and call'd me out, to know what proposal they would make, whether they would give him any thing to make it up. I went to the woman on the first day by his direction, and said, do you think to give him any thing? sessions draws nigh. Cole said, a rogue, how can he come to me? if I had a thousand pounds, I would give him nothing. I told him what she said. Then he said, d - n her, I'll prosecute her.

Court. Do you know how you misbehaved in your office?

Saunders. He did not care to go among the prisoners, and beg'd I would go.

Elizabeth Stoaks < no role > . On the last day of January I went to see Cole in New-Prison, where was Newton, who gave her the signal to come out; there were several of her friends there besides me. I hearing he was the prosecutor went out with her. He said to her, Mrs. Cole, what do you intend to do in this affair between you and me? I don't know said she, you have swore against me, and God forgive you; what would you have me do? The prosecutor said, I have lost ten pounds worth of goods within these twelve months, and if they will give it me, as justice Fielding will not be upon the grand jury, I will not find the bill against them.

Mary French < no role > . I have known Cole six or seven years; she has a very good character. I have had two of her children at nurse in my house three years, and she always paid me justly and duly.

Q. Where do you live?

M. French. I live at the Crown at Kitt's-End, beyond Barnet.

Q. Where did she live?

M. French. She lived in Morefields.

Q. What is her business?

M. French. She goes about the country, selling laces and things.

Ralph Hawkins < no role > . I have known Ann Cole < no role > betwixt nine and ten years, and never heard any ill of her in my life. She lived in my house two years, and paid her rent duly; that is about three years ago.

Q. What did she deal in?

Hawkins. She dealt in Manchester lace about the country, nothing else.

Q. What are you?

Hawkins. I am a cooper, and live at Mr. Ifles's, Holbourn.

Matthews, otherwise Cole, guilty 4 s. 10 d.

Dean acquitted .

[Transportation. See summary.]