145. MARY HICKIN proceedingsdefend was indicted for stealing forty guineas, in monies, numbered , the property of John Carpenter proceedingsvictim , January 1st .

(The witnesses were examined apart at the request of the prisoner.)

JOHN CARPENTER < no role > sworn.

I am a butcher , and keep a shop in Fleet-market. On New-year's-day, at about ten o'clock in the morning, my maid servant, Eleanor Whiston, went home to my house in Dean-street, Fetter-lane , and staid till about three, which is longer than usual. She came back to the shop and staid from three till about half after twelve at night; then my wife, myself, and the maid went home. The maid entered the house first, and said, Lord, have mercy! what is here? I then entered the room, and saw my wife's clothes on the ground, out of the drawers. I then went into the room adjoining to this on the ground-floor, and there lay my clothes, some on the bed and some on the floor. I suspected the thief had got in at the back part of the house. I got up a ladder and saw the leads had not been disturbed, upon which I suspected my maid and Mr. Perdue's maid, and charged them with it.

What is Perdue's maid's name? - Sarah Arch < no role > . They both denied it with a great deal of fortitude. When I saw the clothes were all safe, I said to my wife, we have certainly lost the money; she said no, nobody could get that because it was on the top of a cupboard, close to the cieling, nobody could get their hand in, without it was flat. The money was in a purse. I had been robbed about two years before, and had put it there for safety. It was in the room where I lay. My wife counted it in the morning. She went to look, and it was gone indeed. I asked my maid if she had not a sister; she said she had two, that they lived in the New Buildings, by the side of the Fleet-market.

Do you know that she had a sister? - The prisoner is my maid's sister. I went to the constable of St. Sepulchre; he went with me and a watchman to the house; we knocked at the door; the sister looked out and asked what was the matter; I said her sister was in hold and wanted to speak to her; she hesitated a little and spoke to somebody; she called Mary, and then came down and opened the door. I asked her if she had not another sister there; she said she had another sister who came there sometimes, but she was not there then. The constable said let us go up stairs; we went up, and the prisoner was in the garret dressing herself very slowly. The constable took hold of her pocket and asked her if she knew what money she had in her pocket; she said a shilling or two and some half-pence, and half a crown. The constablesearched her and found about eleven shillings or eleven and six-pence in silver. We took her to St. Sepulchre's watch-house. She behaved with all the insolence possible; she said the constable tickled her, and she would not be searched. The constable felt some money in her hair but somehow it was conveyed away.

What did she say about the money? - She said it was not in her hair; she said she knew nothing of it, though her sister told her to her face that she had taken it away.

Was it ever found upon her? - I never found any of it.

Cross Examination.

This is not all you know of this matter, there is one thing more, you know she was taken before a magistrate and discharged? - She was. The magistrate took more cognizance of my maid, who said the prisoner was a week seducing her to do it.

Who searched her? - Mr. Roberts and Mr. Jones.

ANN CARPENTER < no role > sworn.

I counted the money that morning at eight o'clock, there were forty guineas. I put it up myself. It was missing when we came home at night.

Did the prisoner often come to your house? - Yes, but unknown to me; she was there that day.

Did you see her there? - No; one of the witnesses did.

JOSEPH CARPENTER < no role > sworn.

The maid went home that day, as usual, to clean the house, and staid till about two o'clock. We staid at the shop till near about one in the morning. When we went home, she went in first and said Lord, have mercy, here is a piece of work! I went in and saw all the things thrown about.

Did the prisoner confess any thing? - No. I know no more than what the maid told me.

WILLIAM PERDUE < no role > sworn.

I went home with Mr. Carpenter about one o'clock, and saw all the things thrown about, and the back-door broken open, as if thieves had come in at the back-door.

Do you know the prisoner? - Yes.

Have you seen her come frequently to the house? - No I never saw her there in my life to my knowledge; I have seen her several times since. She always utterly denied taking the money.

SARAH ARCH < no role > sworn.

I am servant to Mr. Perdue, who lives in the same house with the prosecutor? -

Do you know any thing of the prisoner? - Yes, she used to come frequently to her sister. She was twice there that day.

What time of the day? - She was twice there between twelve and one.

How long did she stay? - I do not know. She was once in the room where the money was.

By herself or with her sister? - She was by herself in the room.

Did you hear her say or see her do any thing that led you to have a suspicion of her while she was there? - No.

Have you any reason to suspect her from any thing but what you heard from the prosecutor's maid? - No.

SAMUEL ROBERTS < no role > sworn.

I am a constable. I went with Mr. Carpenter and Mr. Perdue to the prisoner's lodging, on the 2d of January, between one and two in the morning; the sister denied the prisoner being in the house. I went up stairs and found her; I searched her and found upon her eleven shillings and some half-pence. She said her sister had sent her of an errand on Saturday night, and the change belonged to her.

Was she questioned about Mr. Carpenter's money? - Yes, she made no answer to it.

Did you find any money any where upon her besides the eleven shillings and the half-pence? - I searched as far as I could with decency. My brother officer thought he felt some money in her hair.

Is he here? - No.

You must not tell us what he said. Did you find any? - No.

Prosecutor. The indictment is not laid capital, I think she ought to have some punishment.

(The prisoner was not put on her defence.)

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.