71. JANE DAVIS proceedingsdefend was indicted for feloniously stealing on the 29th of November last, one large silver table spoon, value 6 s. the property of Luke Riley proceedingsvictim .

LUKE RILEY < no role > sworn.

I keep the Freemason's Tavern in Great Queen's-street , on Saturday the 29th of November, I lost a large table spoon about six in the evening, we found one missing, the prisoner was a servant of mine about this time two years, and had come in to enquire about some of the family, I met her that day in the coffee-room.

Court. Do you know what her way of life has been since she left you? - I have heard she has been in service since, for my wife made enquiry, having some respect for the girl.

JAMES KINSIN < no role > sworn.

On Saturday night the 29th of September, the prisoner came to my shop and asked me if I would buy old silver, and what I gave an ounce, I said it was impossible to tell without I saw it, she then produced part of a spoon which had a cypher on it, I asked her if it was her own, but turning it round to see where it was broke, I saw Freemason's Tavern on it, I asked her where she lived, she said in Tichfield-street, I said this spoon belongs to Mr. Riley, she said it did belong to him, for her aunt lived there, I said, then how came you by this broken spoon, she said Mrs. Riley was her aunt, and she had made her a present of three of them when she went to housekeeping; and the child had the misfortune of breaking this one, I told her I must stop the spoon and send to Mr. Riley, she said it was very hard, but to prove her innocence, as her mother lived but three hundred yards off, she would go and fetch her, she did not appear to be at all confused, she went out, and I sent to enquire whether it was so: The prisoner did not come back, they took her into custody in Litchfield-street.

(The part of the spoon deposed to.)

PRISONER's DEFENCE.

My Lord, I went to see Mrs. Riley, and I was coming out, a spoon lay on the ground, and I trod upon it, and I was frightened, and I put it into my pocket: I went to this gentleman and asked him if he bought or changed old silver, I did not know what to do with it when I found it; I did not not intend to steal it.

Court to Riley. Has she any relation that lives with you? - Not that I know of, my Lord, I have a good many servants: She was first hired as a kitchen-maid, and my wife thought her too decent a person for a kitchen-maid, and she made her housemaid.

What made you part with her? - I believe my wife did not like her servitude, not for any theft I will assure you; if she had gone up stairs among all the plate I had, I should not have suspected her.

The Prisoner called three Witnesses who gave her a very good character.

GUILTY .

Upon the recommendation of the Prosecutor, to be privately Whipped and discharged.

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .