597. WILLIAM NORTHEY proceedingsdefend and SARAH NORTHEY proceedingsdefend (his wife ) were indicted for feloniously stealing, on the 8th day of May , forty-one yards and three-quarters of thread lace edging, value 30 s. the property of Thomas Flint proceedingsvictim , privily in his shop .

THOMAS FLINT < no role > sworn.

The prisoners frequently came to my shop to buy ribbons and lace, and on the 8th of May, between three and four in the afternoon, they came together; my boy told me they had taken a card of lace; I let them go out of the shop, and I sent a servant to follow him, nothing was found on the woman, the lace was found in the man's coat pocket, there were forty-one yards and three-quarters, the card was marked with my mark; from the boy's description the man did not intermeddle; he said if he had it, it was more than he knew, and when it was found on him, he said it was very hard he should suffer, for it was more than he knew.

SAMUEL BLAKE < no role > sworn.

I am upon liking to Mr. Flint, the prisoners came in, I was in the shop, they bought at first some trollee lace, and paid a few shillings, they said they would be glad to see some thread edgings, the woman took out a card out of the box, and she said she would let it lay till she came to a card that she liked better, I soon after missed that card, and I told my master before they went out of the shop, I saw the woman take it in her hand, and she seemed to put it under her stays, by her manner of shrinking herself up; it was the woman I saw, and not the man.

THOMAS ROBINSON < no role > sworn.

I am a constable, I was sent for, I have the lace.

Court to Prosecutor. Where is the man that followed the prisoners? - He does not live with me, I could not find him.

Are you sure the people that were brought back, were the people that came to your shop? - Yes, we know them very well, they came frequently to our shop.

(The lace deposed to.)

PRISONER WILLIAM'S DEFENCE.

I am a man that travel the country, and get my livelihood by making all kinds of net work, and I came to London to buy thread to make this lace with, and I came to this gentleman's shop, and I bought twenty yards and an half of ribbon at fourpence halfpenny. I never asked to look at any lace at all or edging, and I bought three gross of shirt buttons, and some laces for stays, my wife bought some lace, she had some halfpence and was counting them, the young man tied up what we had bought in a handkerchief, and he took away the box, and left this card of lace on the counter, my wife was in a hurry, and said, William, you are going to leave the goods that you have bought, I took it and put it in my pocket; when we got about ten or twelve yards, the gentleman beckoned us back, we went back directly, we were searched, I told them I had nothing about me, I put it carelessly in my pocket when my wife spoke, for I thought it what I had bought, and I was going to tie it in the handkerchief; I offered afterwards to pay for it, for I never was in prison an hour in my life, in the country I could have had plenty of friends.

Court to Blake. You served the prisoners? - Yes, I did.

Did you tie up the things that they bought? - I did not.

Did any of your other shop-people? - Not that I know of.

What things did they buy? - A few yards of trollee lace, and two yards of edging, and I wound them on a card, and laid them on the counter.

Did you observe their taking up what they had bought? - No, I did not, while I was cutting off the edging I saw the woman leaning over the counter, and put her other hand, she seemed to hit her husband's elbow; this was after they bought the lace.

How long did they stay in the shop after they took up this card? - But a very short time, just while they could pay me for this lace, the lace was not there when they were gone out; as to counting the halfpence, their was no such thing.

Court to Prisoner William. Is there any evidence to shew that this woman is your wife? - Here is my certificate.

(The Certificate handed up.)

Court to Prosecutor. Did you know any thing of them before? - No, only their coming to the shop; we have a good many of these hawking people that hawk about the country, and we generally look very sharp after them, for we are suspicious of them; there was an uncle of the man's came to make intercession for them, he said they had been married a twelvemonth, he begged to let them off; I said I was determined to make an example of them, as I suffer daily.

Court to Jury. With respect to the prisoner Sarah, she has produced a certificate of marriage, which though it appears to be a genuine one, would not be legal evidence, unless somebody had proved the handwriting of the party; but in the indictment she is stated to be the wife of William Northey < no role > ; therefore upon this indictment, without any evidence, we must take her to be his wife, and you know that where a felony is committed by a married woman, in the presence of her husband, she ought to be acquitted, and if both are present at the commission of the fact, and privy to it, in that case it is not necessary that there should be any actual proof that the husband was the principal party, and the wife acting under his influence, if he is present and privy, the law presumes her acting under his influence, though she may be the hand that commits the felony: But if you are of opinion that the wife stole it altogether without the knowledge or privity of her husband, and he knew nothing at all of it, then his being present will neither affect him, nor excuse her; and upon that supposition, if you can be satisfied he knew nothing of the fact at all, you should find the woman guilty, and acquit the man: If you are doubtful whether either of them stole this, you should acquit them both.

WILLIAM NORTHEY < no role > , NOT GUILTY .

SARAH NORTHEY < no role > , GUILTY. Of stealing, but not privily .

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

Tried by the London Jury before Mr. RECORDER.