523. SARAH SLATER proceedingsdefend was indicted for feloniously stealing, on the 22d of April last, one silk cloak, value 42 s. the property of Thomas Banks proceedingsvictim , privily in his shop .

JANE BANKS < no role > sworn.

I am wife to Thomas Banks < no role > , he is a millener, piece-broker, and salesman , he keeps an open shop; on the 22d of April last, I lost a mode cloak, with a broad lace on it, it was quite new.

What might be the value of it? - Forty-five shillings.

That was the saleable price, I suppose? - Yes; the prisoner came into the shop to buy a cloak, on the Thursday the 22d of April, she asked the price of a cloak that hung at the door, and I asked my daughter to come and look at the price; she said that would not do, and desired to look at some more; she came into the shop, as I told her I had more; I shewed her several more, but she did not buy any, she stayed near half an hour, she asked the price of several, but bought none; she looked over the cloaks all the while.

Did you see her take any thing whilst she was in the shop? - I did not see her take any thing; I was putting up the cloaks and I missed a cloak before she got out of the shop, because it was a broader lace than the rest; she was going, and I came round the other side of the compter, as I thought it might be dropped; it was not dropped; then she rather made to the door, I was rather confused, and I said, you have fixed upon one at last; she said, I pitch upon a cloak of your's, you wicked woman, I have none of your cloak, nor nothing belonging to you, and she turned herself round and held up her arms to shew that she had nothing about her; I stopped her in the shop, my daughter called in a neighbour; when my daughter came in, I shook her clothes, and could find nothing; at last of all she had concealed it under her petticoats, and it came down, I am sure it fell from her; ( the cloak produced) it is my own making.

Court. What did she say? - O then she cried out for me to forgive her; I said to her, have you any money to purchase any one cloak I have shewn you; she said no, she had but half a crown and two pence; a little before this happened, she bought a little bit of muslin for ten-pence.

ANN SAFFORY < no role > sworn.

I am daughter to the last witness; I saw the prisoner come in, she bought a bit of muslin, and she looked at some cloaks, but bought none; she asked the price of several, near twenty, and particularly one that hung at the door, then she was going out of the shop and my mother would not let her go; I called in Mr. Harwood, a gentleman next door, and he came in.

Had she been searched? - Only shook; I only called him at the window, and was back again in two minutes; I saw the bulk of the cloak under her petticoats before it dropped, and I saw it drop from her.

Court. You did not see her take it? - No, I saw the top of the lace before it dropped from her.

THOMAS HARWOOD < no role > sworn.

I live next door; I was called in, and as I was going in I saw the prisoner drop the cloak from under her petticoats, or under her apron.

Court. Are all of you sure that is the woman? - Yes.

PRISONER's DEFENCE.

I was going along the street, and I saw an old apron hanging up in the shop, and went in and asked the price of it; she said one shilling, I bid her ten-pence and bought it; the cloak lay upon the floor when I went in and when I came out, and I never touched it with my hands.

Court to Prosecutrix. Did she buy that apron of you? - She did.

Prisoner. I am quite a stranger, I never was in London before in my life; I had been but two days in London.

GUILTY Death .

Tried by the second Middlesex Jury, before Mr. Justice WILLES.