396. ELIZABETH VICKRY proceedingsdefend was indicted for feloniously stealing on the 17th day of March last, twenty-two yards of printed cotton, value 40 s. the property of Thomas Racey proceedingsvictim , privily in his shop .

And JOSEPH MARSHALL proceedingsdefend was indicted for receiving the same, knowing it to have been stolen .

The Witnesses examined apart at the request of the Prisoners.

THOMAS RACEY < no role > sworn.

I am a linen draper and haberdasher , No. 4, Smock-alley, Spitalfields , I know the prisoner Elizabeth Vickry < no role > , she and two others came into my shop on the 17th of March last, about a quarter after eight at night, they all came in together, but separated afterwards, and while I turned my back the prisoner went out of the shop, and before I had finished serving, I heard the cry of stop thief, on which the prisoner was brought back, and a piece of cotton containing twenty-two yards: the cotton is mine.

Court. Do you recollect where it lay when the prisoner came into your shop? - On the corner of the counter with two other pieces, next to the opening, which leads up to a pair of stairs, that was near to where the prisoner stood, I did not see her take it, she might be in the shop about three or four minutes.

You had not missed any thing till you heard the cry of stop thief, had you? - No, I was not sure then that I had lost any thing.

WILLIAM HARROW < no role > sworn.

I was coming home about eight on Wednesday night the 17th of March, I stopped the corner of Smock-alley, I heard somebody fall, and turning round I saw the prisoner fall down, with her hands flat on the ground, I said, Lord bless me what a fall that woman has got, then I turned my head about and saw a man cross the way to her, and lift her up as I thought, and when he went to lift her up, he took away from her this piece of cotton which I thought then to be a bundle, and that he had robbed the woman, he came running by me and pushed by me, I caught hold of the skirts of his coat in Petticoat-lane, he dropped a piece of cotton, and I and two young women picked it up, and they cried that is Joe Marshall < no role > , and I said where is the woman, and they said there she goes, I pursued her and caught her, me and another young man run after the woman, Marshall run away, when we came down the gateway again, we took hold of the woman, and brought her back, and delivered her to the constable, she was not got above twenty yards.

How do you know for what purpose it was that Marshall took the bundle? - He went to receive the things that she had stole from the shop.

What makes you think so? - Because I know him of old, they both live together as I have been told, they cohabit in one house together.

You do not know that of your own knowledge? - No, I cannot say of my own knowledge.

Did it appear to you to be a real fall, or was it affectation? - I do not know whether it was a real fall or pretended but she fell before she got past the window of Mr. Racey's shop.

ELIZABETH BURGESS < no role > sworn.

I was standing at my father's door talking to the young woman, and I heard somebody cry out stop thief; it is right across the way, almost facing Mr. Racey's, and the prisoner Joseph Marshall < no role > came up to me with a bundle of cotton under his arm, the young woman that stood by me said that was Joseph Marshall < no role > , and he immediately dropped the bundle, and I picked it up and gave it to two young men, one of whom is here, that is Harrow.

Prisoner Marshall. My Lord, the man said he picked up the bundle himself, and the woman says she picked it up.

Court. I hear what they say.

HESTER LEGOU < no role > sworn.

I was standing at the door of the last witness, and Joseph Marshall < no role > came by with a piece of cotton under his arm, and I mentioned his name, and immediately he dropped a piece of cotton, that young woman picked it up, and gave it to a young man, that young man had hold of his coat.

BENJAMIN WARD < no role > sworn.

I am the constable, I have the bundle, I know nothing at all about it, I was sent for, and I took the woman prisoner, then I had information of Joseph Marshall < no role > , where he lived, as I was officer of that night, and on the 17th, about one or two o'clock in the morning, I went to his his lodgings and took him, and then he said his name was Newman, the cotton was given to me at Mr. Racey's shop, (The cotton produced and deposed to) this little piece of cotton was taken out of her pocket, which the prosecutor knows nothing about.

Court. Who knows that they cohabited together as man and wife?

Legou. I know it.

PRISONER VICKRY's DEFENCE.

I was going through Smock-alley to buy a bit of meat, I buy and sell old clothes, two women were looking at a ribbon, I went in with them, they bought a yard and a quarter, one of the young women said it was too short for her head, and I bought it of her, the prosecutor bid me go in and shew him which ribbon I meant, I saw a little boy with something under his arm, and another slim young man came and took the property from him and run away with it, and I heard the cry of stop thief, and I run after them and was knocked down underneath the archway in Smock-alley, I live with my mother in Christopher-alley, Spitalfields, she is near, the prisoner at the bar is not the man that took the property, it was a slim lad in white clothes; it is very well known that this witness said to a good many people, if I would give her and another a guinea a piece, she would not be against us.

Legou. I never said so in my life, he offered me ten guineas not to speak the truth.

PRISONER MARSHALL's DEFENCE.

I am as innocent as the child unborn; she is used to swearing.

Prisoner Vickry. Her mother hallood out, I am glad you are going to gaol, they had a warrant some time in the frosty weather, and Hester Legou < no role > swore I hit her, which I did not, and she was afraid I should come against her, they said I am glad you are going to gaol.

Court to Legou. How long have you known Marshall and Vickry? - I am sure I have known them four years.

What was this quarrel between you and them? - One time I was coming down and I had a very bad foot, and the pavement is very narrow, and this woman pushed me off the pavement, and another came up and gave me three smacks on the face, I got a warrant for her.

Court to Racey. What is it she says about going to shew you the ribbons? - These two women were in the shop, and came again and bought a yard and half of ribbon, and this woman when she went out, went with a pretence of looking for a ribbon, they are spread in the window; but instead of coming back she went off.

ELIZABETH VICKRY < no role > , GUILTY Death .

JOSEPH MARSHALL < no role > , GUILTY .

Transported for fourteen years .

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