384, 385 (M) Thomas James Pengriffiths proceedingsdefend and Elizabeth Pengriffiths proceedingsdefend , spinster , were indicted for stealing a weather sheep, value 20 s. the property of John Briant proceedingsvictim , May 17 . ++

Mrs. Briant. My husband is named John Briant < no role > , he is a butcher ; we live in Ave-Maria-lane near St. Paul's, we have lost 14 sheep; our servant Joseph Lawson < no role > that has the care of them, can inform the court.

Joseph Lawson < no role > . I am servant to the prosecutor, I live at his country-house at Southgate ; we having lost several sheep out of the ground there, I hired a man to watch on nights; as soon as he and I got to the gate on Tuesday night last between ten and 11, I heard the sheep bells make a considerable noise; we saw a man and a woman bring a sheep out of a pen; they had made a pen with some hurdles which were round a hay-cock, which they brought and added to some which were round a stump of a hay-cock, and had got all the sheep up into it; they tied three of the sheep's legs and laid it down near a hedge; Platt that was with me was for waiting to see if they would kill it, but I said, no, they shall not kill it; we went up, I said to the man, tell me who you be, or I will blow your brains out, we had guns; it were the two prisoners; they shoved themselves back into the hedge; the man went on his knees, and said, for God's sake, do not hurt us; I said, I am afraid God has nothing to do with you, you have no business here; I brought them down the fields to a house called Bowes Farm, the sign of the Cock; it was a weather sheep, my master's property, I marked it myself with the letter B on both sides; I found three knives upon the man, one a butcher's knife, (produced in court,) I believe the woman passes for his wife, they travel the country.

James Platt < no role > gave the same account.

Thomas James Pengriffiths < no role > 's defence.

I go about the country gathering herbs in the fields, which I keep Covent-garden market with, and supply some gentlemen in the city with all kinds of seeds and roots; I went there to get some tormentil roots; I found the ground had been disturbed, and I could not find any; I said to my wife I will go back again, and go into the fields and gather some roots; when I came over the gate, I saw a little hay in a corner, there we sat down; I drawed the hay over my wife's legs, and we fell asleep, and about nine or ten o'clock somebody ran over my wife's legs; she cried out; I rose up and saw a boy, but I did not see any sheep; I said, Betty, let us go about our business, there is a boy and two men gone by; we were going away, and these two men came with their guns; then I saw a sheep or lamb lying by the side of a ditch; I can take my sacrament of it, I am as innocent of it as the child unborn; they came up and charged me with it; that long knife was made me by a smith, on purpose to dig up tormentil roots; I was bred a gardener.

Elizabeth Pengriffiths < no role > 's defence.

Nobody can accuse me with any thing of this sort; I never did an unjust thing in the world; the two men came to me since, and desired me to take an oath to make my husband suffer.

Lawson. I did go to her, and desired her to speak the truth, and tell the people's names that received the sheep; as to her husband, I said he must take his chance.

Q. Did you see a boy there?

Lawson. No, I did not.

Platt. When we got betwixt twenty and thirty yards of them, we could see them walking about in the pen, and could distinguish there was a man and a woman by their clothes; we saw the man bring the sheep out of the pen.

The man Guilty . Death .

The woman Acquitted .