266. MARY BOWLER proceedingsdefend was indicted for feloniously stealing, on the 9th day of April last, a black silk cloak, value 16 s. the goods of John Barlow proceedingsvictim .

JAMES NORTON < no role > sworn.

I live with Mr. Barlow, a Mercer , on the 9th of April, some time in the morning; the prisoner came to look at some petticoats in our shop, I believe she bought some silk; then she went over to another shop, and a lady saw her take a cloak away.

Court. Is the lady here? - No, she is not; the prisoner went out the back way, I went after her, and detected her in the street, and found the cloak upon her; I told her Mr. Barlow wanted to speak to her, she said she had picked up a cloak in the shop, and she gave it me, she told me it lay behind the lady in the shop.

How long was it between the time she left your shop, and the time you was sent after her? - It might be the course of an hour; I cannot tell exactly.

The cloak deposed to.

PRISONER's DEFENCE.

I went to buy a cloak and a petticoat with a gentlewoman, and we could not agree, and coming out I met the master, he advised us to go back, and we bought a bit of mode; I said it was damaged, he shewed me another piece, and he asked three shillings and nine-pence, I said it was too dear, he directly cut me off four yards, and I paid him twelve shillings; I asked him to cut it out for me, which he did, and I picked up a cloak, I did not know whether it was this cloak or not; I was above an hour gone, and I came back again, and if I had had any thing of the gentleman's under my arm, I would not have come back, and the gentleman said to me, says he, I want to speak to you, I understand you have picked up a cloak.

Court. But that cloak is ready made? - I did not know but it was the same.

Jury to Prosecutor. Were there any ready made cloaks on the compter, or any ways exposed in your shop, during the time the prisoner was there? - A great many.

The Prisoner called two witnesses who gave her a good character.

GUILTY .

She was humbly recommended to mercy by the Prosecutor.

To be privately whipped , and confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. Justice NARES.