778. ELIZABETH DEMPSEY proceedingsdefend was indicted for stealing a silver watch, value 4 l. a silver watch chain, value 5 s. a glass seal, set in silver, value 1 s. a cornelian stone seal, set in base metal, value 6 d. a base metal watch key, value 1 d. a pair of silver shoe-buckles, value 10 s. and two silk handkerchiefs, value 4 s. the property of William Clarke proceedingsvictim , October 13th .

WILLIAM CLARKE < no role > sworn.

I am a weaver , and live in the parish of Bethnal Green. On Tuesday was se'night, which was the 13th of October, I was pretty forward in liquor, having been out all day. I met the prisoner in Whitechapel; we went into an ale-house together, then I agreed to go home to her room, near Wellclose-square. I went to bed and fell asleep, which I am apt to do when fuddled. I apprehend nobody came to bed with me. In about two hours John Chivers < no role > came into the room; he cursed and swore, and asked what I did there, and said that it was his room, and bid me get up and dress myself, and go out. I was so much in liquor, I thought I was at home; I began calling for my wife; but not finding her I got up; when I came to look about me, I missed my watch, my silver buckles out of my shoes, and two silk handkerchiefs, one of which I had in my pocket, the other about my neck. I said I would not go out of the room till I had my things; Chivers still kept bullying me, and sent for the watchman to turn me out. Chivers and I charged one another with the watch; we were taken to the watch-house; the watchman discharged us both upon our promising to come back the next morning. The next morning Chivers delivered the watch to the watchman; he said he had found it; the buckles were pawned with Mrs. Smith for 6 s.

THOMAS SPENCER < no role > sworn.

I am a constable; I was charged with both Clarke and Chivers by each other; Chivers afterwards brought the prisoner to the watch-house; he left the watch with me. Chivers said in the woman's presence, that he had it of her; afterwards he said, that upon letting down the bed, the watch was found upon the bed.

[The watch was produced in court, and deposed to by Clarke.]

JOHN CHIVERS < no role > sworn.

I live in a place called North East Passage, by Wellclose-square ; I am a shoemaker; I have two rooms; I let the lower room to the prisoner. I came home about ten in the evening, and found in the lower room the prosecutor, Clarke, in bed. I asked him what business he had there. I had been drinking rather free, and there might be some rough words pass between us. Clarke said he had been robbed; hearing that, I went to see after my wife, who was at the Blue Anchor, and was sitting up for me. I told her what Clarke said; she came back with the child at her breast; the prosecutor immediately said that my wife was the woman that had robbed him. I knew the prisoner very well, but did not suspect her at that time; and finding Clarke resolved to stay there, I went to call the watch, in order to clear the house of him. Spencer then came, and we both went to the watch-house. At about eleven o'clock the next day the prisoner came home to my lower room; I went to her directly; I said, what have you been doing here? you have let a man in to the room, and have brought a scandal upon the house, and the man says you have robbed him; she denied it; she said a man had been with her that had given her the buckles to pawn for six shillings, in order to be concerned with her; and had spent the evening with her; but denied that she knew any thing of the watch: the bed was let down, and the watch was found between the quilt and the blankets. Immediately after this I went and told Clarke that I had found his watch; he said he would make me find the buckles too: we went before Justice Sherwood, and there, notwithstanding the prisoner was there, he charged my wife with being the person that robbed him. I was much surprised at that; I bid him look round the room and see if there was nobody he knew; he said, no; at last I brought the prisoner to him, and asked him if he was not acquainted with her; he then said she was the person.

ELIZABETH SMITH < no role > sworn.

I am a pawnbroker; the prisoner pawned these buckles at half past nine o'clock on the 13th of October; I lent her six shillings upon them.

PRISONER's DEFENCE.

This man went with me to my lodging with a view of spending the evening with me; he gave me these buckles to pawn for six shillings, merely for lying with me.

To the prosecutor. Had you any money? - No.

Then are you sure you did not give her the buckles? - I am sure I did not; I did not lie with her; I do not know whether she is a man or a woman.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice BLACKSTONE.