264. MARY SMITH proceedingsdefend was indicted for feloniously stealing, on the 20th of February last, two linen shirts, value 4 s. the goods of Edward Humphrys proceedingsvictim .

ISABELLA HUMPHRYS sworn.

I am wife to Edward Humphrys < no role > , I live in great St. Ann's-street, Westminster , I missed two shirts some time in February from my one pair of stairs room; I had no person in the house but my own family, the shirts were found at Mr. Wright's, the pawnbroker's, the prisoner lodged in my two pair of stairs front room.

Court. Did any body lodge with her? - Nobody.

How long had she lodged with you? - Four or five months.

Where was she when you missed your linen? - She was just gone out, she never came home till I took her, which was on the third day after, at St. Martin's workhouse; Mr. Wright's man produced two shirts, which he took in pledge of the prisoner the 28th of February.

(The things deposed to.)

PRISONER's DEFENCE.

Sir, I was in great distress, I was a widow with two small children, I buried my husband out of her house.

Court. But your being in distress was no reason why you should rob that poor woman.

Prisoner. I meant to return them again, she knows I have worked at several places; I have no friend in the world.

Jury. I know the woman's face, I know she is a poor woman.

Court. The fact is clear, and we must not relax it, we must not allow persons upon any pretence whatever to pawn other persons goods without their consent.

GUILTY .

She was humbly recommended to mercy by the Jury.

Court to the Prisoner. You will have favour shewn to you this time; but if you are not able to maintain yourself by honest industry, apply to your parish.

Upon the recommendation of the Jury to be privately whipped and discharged.

Tried by the second Middlesex, Jury before Baron EYRE < no role > .