190. RUTH MERGER proceedingsdefend and CHARLOTTE SMITH proceedingsdefend were indicted for feloniously stealing, on the 22d of December last, sixteen yards of black silk lace, value 30 s. the property of Ralph Steele proceedingsvictim , privily in his shop .

SAMUEL ROGERS < no role > sworn.

I am servant to Mr. Steele in Castle-street , I saw the prisoners come into my master's shop on Monday the 22d of December last, they both came in together when the candles were lighted, Mercer asked me to shew her some black laces; accordingly I did, I shewed her two boxes, there was nothing that pleased them; Smith did not interfere much, she just took a card; Mercer just took the cloak she has on, a long arm hole cloak; and says she, before you put the box by what would you charge me for this lace, I told her, somewhere about half-a-crown a yard, and her right-arm was under her cloak, and by the motion of her arm, I suspected she had a card of lace; I put the laces by, and then she looked at some long arm hole cloaks, none pleased her, I shewed her almost all the cloaks in the shop, she said, she would have one made longer than that she had on, then she said, I will pitch on the lace, and you sell make me one, I asked her if she liked any of the laces that she had seen, she said, she would chuse at them again; and then she should be a better judge; accordingly I shewed her another box, and, very easily and carefully, she pitched on one, accordingly it was all settled, and they went away; I told Mr. Steele what I suspected, and he bid me step after her immediately, she was gone a door or two down, I followed her back, I told her, we wanted to speak something to her about the cloak, and she returned to the shop, and the prisoner Smith followed her, and I took my candle in my hand and set it before her, and I charged her with taking a card or two of lace; she said, she did not know what I meant, as she had been a customer so long, she thought it was very ill usage; I told her, she certainly had one; on that she emptied her right pocket on a chair, there was nothing of our property, I then sent for a constable immediately to search her, and the whole time they stood in the shop, Mr. Steel, and Mr. Tinkler, (who is here) were very particular in taking the candle and looking round almost every minute; when the constable came in the two prisoners closed together, Mr. Steele then again, and we saw the card of lace on the ground.

Are you sure this card of lace was not upon the ground when they went out? - Yes.

Did you look upon the ground after they were gone? - Yes, I am positive there was no card of lace there then, I charged Ruth Mercer < no role > , she said, she had not taken as does the other, she did not appear to me to have it any where about her.

Mr. Peate, Council for Prisoner Smith. Smith came back directly? - Yes.

You did not say any thing to her to induce her to come back? - No.

RICHARD TINKLER sworn.

I am servant to Mr. Steele; when the prisoner returned I was present, and before they returned, I went into the back shop, and looked if any thing was laying about, I looked particularly on the ground and there was nothing.

Could not it lay on the ground and you miss it? - No, it could not, the book shop is very small, where we took them into: after they came back Mr. Roger changed Mercer, she denied it; we sent for constable to search them, they had closed once or twice before, and we parted them, there was nothing lay between them, I looked particularly, I stood before them all the time and watched; I suspected they would drop it; just as the constable came in Smith went up to Mercer, and we parted them almost most immediately, and there the card of lace lay just by under Mercer, just between them.

Mr. Peate. Might not Smith have gone away if she chose it? - No.

PRISONER MERCER's DEFENCE.

I wanted a cloak and I always used the man's shop, I laid out a great many pounds there; I met Mrs. Smith and took her with me, I bespoke a cloak and chose a lace, I was to have given three guineas for the cloak, I went out of the shop, and he came and brought me back, and locked the door, and asked me for the card of lace I stolen, I said it was very ill treatment, he desired to search me; I pulled out my pockets and told him I had nothing therein then he picked the lace off the ground and put it on the Compter.

The prisoner Mercy called one Witness to her character.

Prisoner Smith. I leave my defence to my Council.

Court to Jury. In consideration of law, it certainly is not a private stealing, if it be done in such a way as to be seen, at least by the his servants or agents.

RUTH MERCER < no role > , GUILTY Of stealing but not privily .

Transported for seven years .

CHARLOTTE SMITH < no role > , GUILTY Of stealing but not privily .

Imprisoned twelve months .

Tried by the second Middlesex Jury before Mr. Justice HEATH.