261. JULIET DUPREE proceedingsdefend was indicted for feloniously stealing, on the 7th of February , a silk cloak, value 2 s. a linen apron, value 2 s. a black silk bonnet, value 2 s. a pair of silver shoe buckles, value 20 s. a cloth coat, value 20 s. a pair of silk stockings, value 10 s. a gold shirt breast buckle, value 7 s. the goods of Elizabeth Moseley proceedingsvictim widow .

(The witnesses examined separate.)

ELIZABETH MOSELEY sworn.

I am a widow for any thing I know; I heard about three months ago that my husband was dead, my husband and I have been separated a great while, I live at No. 30, little Windmill-street ; I did not pursue the property, till last Saturday week; on last Wednesday week I missed a hat and cloak, a bonnet and an apron, which Mr. Kennedy has here to produce; I was ironing on Saturday night last, I had missed a wash tub that same day; and I heard some noise at my door, and I opened it and I saw my wash tub at the door, and a little girl at the same time picked up some duplicates at the door, that I had sent for some thread, she is here; I went in consequence of these duplicates to Mr. Frear's the pawnbroker's, and I found the blue coat and buckles there; the prisoner came backward and forward occasionally to me; the pawnbroker refused to let me have them; he has them here, I found also my bonnet and my cloak, and apron.

CHARLES PHILLIPS < no role > sworn.

I live in little Windmill-street, Mrs. Moseley has all my property in her care because I depend on her honesty.

Q. Where do you live? - Why suppose I live there. I live at Mrs. Moseley's, I am a carpenter, she has the keeping of my clothes, she had them in her care; and she always behaved honest to me, and I would trust her with a thousand pounds; the pawnbroker has got my property in his possession at this time, the prisoner was backward and forward at Mrs. Moseley's.

Q. When was it you missed any part of your clothes? - I only wore them on a Sunday, and then I put them in her care and keeping.

Q. When did you last deliver them to Mrs. Moseley to take care of them? - On Sunday evening before the Saturday, that the duplicates were found.

Q. What had you done with your buckles? - She had both in her care in the chest at the same time.

Q. Answer the question, do not run on in such a strange way. Had you any stockings? - There was a pair of silk stockings that I missed a few days before the coat was lost.

Q. What do you say to the gold shirt buckle? - I had such a thing in Mrs. Moseley's care.

Q. Now tell me when you ever saw your coat, your buckles, your stockings and your shirt buckle again? - I cannot say that I have seen them since that I delivered them up to Mrs. Moseley; I did not find them till I found them at the pawnbroker's on Saturday evening, between eight and nine o'clock; when I got the duplicates, I went immediately and demanded the coat and buckles last Saturday week, but I have not the things as yet.

- FREERS sworn.

I am a pawnbroker; I live in little Poultney-street, I have got a coat and a pair of buckles, I got them of the prisoner at the bar. On Monday the 4th of February, she pawned the coat for a guinea, and the buckles for fifteen shillings; she said she came for Mrs. Moseley, and Mrs. Moseley had authorised the prisoner to pledge things before now, I knew the name of Moseley.

Q. Had she ever pledged things with you before as belonging to Mrs. Moseley? - Yes, I believe she has.

Q. Who has redeemed those things? - The prisoner at the bar.

Q. How long had she been pledging as for Mrs. Moseley? - For the space of two or three months; she used to pledge the articles the beginning of the week, and towards the latter end of the week redeem them by pledging other articles.

Q. Mrs. Moseley herself had never redeemed any thing herself that the prisoner had pledged? - Not to my knowledge.

Q. We understand Mr. Phillips came and enquired for them? - Mrs. Moseley came first, the prisoner at the bar came on Wednesday and said that Mrs. Moseley and she had quarelled, and the tickets were lost, and desired me to stop the things; she mentioned that Mrs. Moseley had used her ill, and said that Mrs. Moseley had left her lawful husband, and had taken the duplicates and lived with another man, and desired we would not deliver the articles, if Mrs. Moseley should make application; we supposed the man's apparel belonged to Mr. Moseley, and if she had left her lawful husband, we had a right to stop them till Mr. Moseley made application for them; Mrs. Moseley came the Saturday following after we received notice from the prisoner to stop these articles; and Mr. Phillips came and made application, we produced not this coat and buckles, but a green coat and a pair of buckles, which the prisoner at the bar had not given us any notice to stop; when Mrs. Moseley came to redeem these articles, she said that Mr. Phillips was her brother, and he said it was his coat and not Mr. Moseley's, I delivered him that coat that he came for. (The coat produced and deposed to.)

Court to Phillips. Where were these things kept in Mrs. Moseley's house? - In a chest belonging to me.

Q. How came you to lay them to be her property, where did the chest stand? - In the room in which I myself sleep.

Court to Mrs. Moseley. I wish to know how you have the care of Mr. Phillips's clothes? - They are left in my care; it is not my property. I have employed this woman to pawn things before, but not since the tenth and eleventh of January, which was two spoons my own property.

Q. What have you to say concerning the loss of your bonnet, cloak and apron? - This woman was at my room thisWednesday, and I went down, and when I came back this woman was not there; I left her in the room in which I live, the first floor, I am not certain whether the things were hanging on a nail or laying in a chair; but I am sensible they were in the room because I had them in my hand about a quarter of an hour before; when I came up again the landlady went first, and she said your door is open, I was following her up stairs; I had shut the door when I went out, and left her in the room; I missed my things immediately when I went into the room and I called in the landlady, I never saw them afterwards till Mr. Phillips came to fetch me to go to Marlborough-street; I believe that was the Wednesday following, afterwards I saw them there, and Mr. Kennedy the constable took them off her, they were on her back.

Q. Had you not seen the prisoner from that time till you saw her in Marlborough-street? - I had not.

Q. Had you lent her these things to wear? - I had not; I had lent her them once about a month ago, or six weeks, but never since.

Q. How did you employ this woman? - She used to come backward and forward very frequently.

Q. Was she a servant or an acquaintance? - Never an acquaintance; she first met me in the street by accident.

JAMES KENNEDY sworn.

I have got the black silk cloak, a black silk bonnet and a linen apron; I took them off the prisoner at Marlborough-street office, after she was apprehended; Mrs. Moseley claimed them as her's.

Prisoner. Mr. Kennedy knows that I said that Mrs. Moseley sent me the cloak? - She did not, Mrs. Moseley said that she stole the cloak. (The apron, cloak and bonnet, deposed to by Mrs. Moseley.)

Court to Mrs. Moseley. Tell us when your husband died? - My husband left me about fifteen months ago; I heard by a person that lives at Clerkenwell, that he was dead; I never passed for a widow.

Not GUILTY .

Tried by the first Middlesex Jury before Mr. Baron THOMPSON < no role > .