265. ANN LOVELL proceedingsdefend was indicted for feloniously stealing on the 5th of April last, one silver tankard, value 5 l. the goods of Edward Hall proceedingsvictim , in his dwelling house .

EDWARD HALL < no role > sworn.

I am a publican , I live in the Parish of St. George's Middlesex, at the White Swan, Old Gravel-lane ; I lost my tankard the 5th of April, about six in the evening, the prisoner and a girl came into my house, and went through into the kitchen.

Did you see them? - There was nobody in the house.

Then you know nothing of that? - When I came in, I saw the prisoner in the kitchen, and a girl alongside of her, they called for a pint of beer, I drew it, the prisoner drank it, and came up and paid me; and about eight I missed my tankard, I found it in the prisoner's room, on the bed by her; there happened to be a woman that knew the girl, and by that information, I took the constable, and we went to the girl's mother, in New Gravel-lane, and we found the girl at the bottom of the stairs, and I took hold of the girl, and asked her where the woman was, that was along with her, and she said, she would go along with me to shew me, but she desired to go up to get her bonnet first; she did so, but finding she staid longer than, I thought necessary, I went after her, and going up stairs, I heard something like the lid of a tankard rattle on the stairs, this was pretty nigh nine o'clock, and when I came up, I saw the prisoner standing by the side of the bed, I said, you have got some of my property; I bade her undo her bundle, she said, she would not, I took her by the arm, and turned her round, and saw the tankard on the bed by her.

(The Tankard produced and deposed to.)

Court. How old was the girl, that was along with her? - Between 12 and 13, here is B. S. F. in a cypher, which stands for Barnard and Sarah Fountain < no role > , which were the people that kept the house before, and here are three letters of mine, and my wife's names.

JANE DICKSON < no role > sworn.

The prisoner came to our room, and asked Elizabeth Yelling < no role > to go with her, and I desired her not to go, and she said, she would; they went, and I fancy they were an hour gone, when they returned the prisoner said, she had got a prize, and it was all her own; I did not ask her what it was, she was a little in liquor, and I desired her to go home, and she would not; about an hour after the gentleman came, and the child came up stairs, and bade the prisoner give up what she had, for the gentleman was come, and I saw the gentleman pick up the tankard off the bed, in the child's mother's room.

Court. How came the prisoner in that room? - She had brought two or three things to wash there, it is a dwelling room, that we and the children live in.

ELIZABETH YELLING < no role > sworn.

How old are you? - Between twelve and thirteen.

You know you are to speak the truth? - Yes.

What do you know about the prisoners taking the tankard? - The prisoner was at our house when I came from school, and she asked me if I would go with her to get a gown out of pledge, and she went to the pawnbroker's to get a muslin apron and a gown out of pawn; and she went to the gentleman's house, and went right through the kitchen, and opened the closet door, and took something out, but what it was, I could not tell, and she afterwards shewed me the tankard, as we were going home; and I was afraid to go and tell the gentleman, for fear my mother should hurt me, and I set on my own stairs; and the gentleman came, and asked me where the woman lived that was with me, and I told him at the Bell in King-street, and I asked him to let me go for my bonnet, and I happened to see the prisoner by the fireplace, and I told her that the gentleman was come, and she must deliver up the hings.

PETER PLEASE < no role > sworn.

I went with the prosecutor.

Was you present when the tankard was found? - I did not see him take it off the the bed.

PRISONER's DEFENCE.

On Friday evening, this girl's mother sent for me to go of an errand, and she asked me to drink; she had an old gentleman a Scotchman with her, she said, this old man has got a watch, and she wished me to take it; on Saturday morning she sent for me again, and asked me to drink; and she told me I had better go and lay down on her bed, she thought I was a little in liquor; and in the afternoon I laid down, and about two I got up, and she was gone out, I asked where she was; I went to get me something to eat; and had two penny worth of pigs face, I went to a pawnbroker's, and took out a red cloak and apron; I came by Mr. Hall's door, and went in and had a pint of beer, the girl came home, and had something lapped up in her apron, she flung it into my lap, I was standing in the middle of the floor, when this gentleman came up stairs, and he found this tankard on the bed, I have nobody here, they were here last night.

Court. Then the next thing is, why do you keep company with a girl of that character.

Prisoner. I know no ill of her.

Jury. My Lord, cannot we bring it under forty shillings.

Court. You are to exercise your own judgment! The Court does not enquire into value, in order that Juries may exercise a degree of liberality; though to besure this is not like the case of grand and petty larceny, because there 12 d. was a rule that was established many, many hundred years ago, and there is a vast disproportion, between the value of 12 d. then, and 12 d. now: But this depends upon the value of money, since King William's time, in which there is not so great a difference: I do not know how many ounces this tankard weighs; the value is not found by evidence before you, to be above forty shillings, therefore upon that you must exercise your Judgment.

GUILTY . ( Death .)

Court to Jury. From the nature of the question you just now put to me, you have no objection, I take it for granted, to join your recommendation to mine, in behalf of the prisoner.

Jury. Certainly not my Lord.

The Prisoner was recommended to mercy.

Tried by the second Middlesex Jury before Mr. BARON EYRE < no role > .