624. MARY PAGE proceedingsdefend was indicted for feloniously stealing, on the 16th of June , sixteen yards of muslin, value 40 s. the property of Thomas Wynne Townsend proceedingsvictim and Thomas Jones proceedingsvictim , privily in their shop .

THOMAS WYNNE TOWNSEND < no role > sworn.

I keep a shop in Holywell-street , my partner's name is Thomas Jones < no role > ; on the 16th day of June last, between six and seven o'clock in the evening, the prisoner came into our shop, she desired to look at some muslins, some of which she had had before; I did not know her, nor ever saw her before, to my knowledge; there was a young girl in her company, who came along with her; a large quantity of muslin was shewn her; at last she desired to have a quarter of a yard cut off one piece; she afterwards looked at several different articles, and had small quantities cut off several, not more I believe than a quarter of a yard; from the manner of her conduct while in the shop, I had some reason to suppose her intentions were dishonest; as as she was going out of the shop, I took particular notice of her walking; I thought she seemed to walk as if she had some incumbrance about her, upon which I desired the person who had attended her to follow her, and take notice, for I was persuaded she had taken something; I then went to the part of the shop where she had been standing, and saw two pieces of muslin laying on the floor, very much tumbled, as if they had been concealed and dropped; this circumstance I thought sufficient to justify my suspicions; I therefore immediately followed her myself, with a determination to bring her back, and have her searched; I came up to her about twenty yards from my own door; the person I desired to follow her had hold of her arm, and was leading her back; as soon as she came to the shop, I ordered the same person to go for an officer; she went to a part of the shop immediately where she had been sitting, and where the two pieces of muslin were still laying on the floor; she there dropped two quantities of figured muslins; I saw her drop them from under her petticoats; she begged I would not take her to the office; and said that I might depend upon it, I never should seeher again; upon which the constable came in; during her being in the shop, another person came in, who I suspected to be of the same party; the prisoner said nothing more that I immediately recollect, only to beg that I would not send her to the office.

You are quite sure that you saw these drop from her? - I am sure that she dropped them; when I came back, I peceived her shoving up her coats as if to drop something, and she wanted to get to these two pieces that were laying on the floor.

Did you see her take any thing while she was in the shop? - I did not; this other person whom I suspected took up my attention; I did not see her take any thing.

Mr. Garrow, Prisoner's Counsel. How many persons were there in the shop belonging to the shop at that time? - There was the person who served her, and a lad besides.

The other woman came in after she had been there some time? - I believe five or six minutes.

Was she in the same side of the shop? - She was, but they asked for different articles, which made us go to different parts of the shop.

You suspected them before she went out? - I did.

You did not remove those two pieces from the ground before you went out? - No, they were not removed till the constable came, till I took up the goods, which she dropped.

How many pieces were there on the ground when you picked them up? - Four different quantities; I took up the two that she dropped, and I immediately went to mark them; I believe they did not touch one another; they were within a foot of each other; the child that was with her, I should suppose to be about twelve or fourteen years of age; she had not a young child with her.

Did you before the magistrate mention the circumstance of seeing her move her coats, or drop any thing? - I cannot say whether I did or not, my evidence was taken down by the clerk.

Did you or not, according to your recollection? - I do not recollect whether I did or not.

I fancy you rather think you did not? - I cannot say, I went before the magistrate in less than an hour, but I am sure I saw her move her coats; the boy was in the shop when I went after the prisoner; he is not here.

Court. Did you see the property before she dropped it, as you conceive? - No; I am sure it was under one petticoat if not more.

BENJAMIN LAST < no role > sworn.

I remember the prisoner coming into the shop between six and seven; I served her with some muslin; I opened a great many pieces; one piece she said was what she wanted, which she had some of before, which she paid 4 s. a yard for, she desired to have three eighths; she bought some mode and Persian, and some brown Holland, which I went into the front of the shop for; there was a boy in the shop; she said I must figure them down on a bit of paper, for her mistress would know what they came to, they came to four shillings and six pence halfpenny; she paid me for them, and when she was going out, she said, if these things pleases, I shall be a customer again; and as she was going out of the door, Mr. Townshend said, follow that woman, she has taken something; I followed her into New Castle-street, which is at the back of the church; when she got in the middle of the street, she turned about, and saw me behind her, she spoke to the girl, but I do not know what she said; she turned back again, and seemed as if she was going towards the Strand; she then dropped something from under her petticoats which was white, what it was I was not able to say; she stooped and took it up under her petticoats again, in a moment almost; I took her by the arm, and said, I was afraid she had made free with what was not her own; and she must go back with me; she said she had not touchedany thing, or words to that effect, and would go back with all her heart; and I lead her back; she went into the shop before me, and Mr. Townshend desired me to go for a constable, the boy's name was Richard Dodd < no role > .

Did you see her take any thing in the shop? - No, I did not.

That boy suspected her you say? - Yes.

Mr. Garrow. The boy told you at the time, I think, that he suspected her? - No, not at the time.

How near was you to this woman when she dropped the muslin in the street? - About as far as I am to you; I was meeting her.

You was as near to her when she dropped the muslin as I am to you? - I think I was.

Then having seen you, and being in the way to meet you, she suddenly stooped down? - After she had dropped the muslin she stooped down.

I wish you would shew me as well as you can, without petticoats, how this thing was done? - I think it was done with the right hand, to the best of my recollection; she stooped down and tucked it under her petticoats.

She did not put it through her pocket holes? - Not as I recollect.

Had the woman a white apron on? I do not know.

Might not the thing that you took to be muslin be her apron that she picked up? - No Sir; it was absolutely dropped.

Why did not you seize her, and prevent her doing it? - Because she was too quick.

How happened it, that unless my Lord had asked you who followed her besides yourself, we had not heard a word of Mr. Townshend being in the street? - I saw him in the street when I was leading her back, that I am sure of.

Produce these muslins; who gave them to you? - Mr. Townshend.

What length are they? - I cannot justly say; I never measured them; I think there is about sixteen yards.

Are they remnants? - They are almost new, one of them has been cut.

Is there any one of them that is a whole piece? - I think one of them is a whole piece.

Look at them, and tell us is there any mark on that that you have? - There is a T upon it, made with a pen.

Whose writing is it? - Mr. Townshend's.

Was there any mark upon them before they were lost? - I do not know that there were; I never marked them.

(The muslin deposed to.)

These are the two pieces which I saw the prisoner drop and take up.

THOMAS JONES < no role > sworn.

Here is one mark D/o on one, and M/x on the other; I am quite clear of it; I was not at home when this happened.

Court to Last. Do you know where these pieces were laying before the prisoner came in? - I do not.

Do you remember when they were in the shop? - No.

Court to Mr. Townshend. When did you see these two pieces in the shop before she was there? - I cannot absolutely say; it is almost impossible to ascertain in such a quantity.

Court to Jones. Do you know when you saw these two pieces last before they were lost? - No, I cannot recollect them.

Can you say whether either of them had been sold? - Not to my knowledge.

Court to Mr. Townshend. Can you say particularly? - I can for a certainty, I think, say they never had been sold, for I must have had some remembrance of such an entry; Last sells in the shop; there is nobody else sells in the shop that I recollect; I have another shop in the mercery line; and there are people that come into that shop sometimes.

May they not have come into this shop and have sold sometimes? - I do not think they have.

Do you know they have not? - I cannot say, but by the entries.

Prisoner. I leave it all to my counsel.

The prisoner called six witnesses who all gave her a good character.

GUILTY, Of stealing, but not privately .

Privately whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.