263. MARY ANN MARCH proceedingsdefend was indicted for feloniously stealing, on the 29th of January , a clasped knife, value 2 d. a worsted purse, value 1 d. an half crown, ten shillings and six-pence, and ten halfpence, the goods and money of John Pratt proceedingsvictim , privately from his person .

JOHN PRATT < no role > sworn.

I am a dustman ; a married man; I have got five small children.

Q. Did you lose the several articles mentioned in the indictment? - I did, ten shillings and six pence and half a crown, my purse and knife, and ten copper halfpence; I was at the One Tun, Holborn-hill , my fellow servant and I, between three and four o'clock in the evening, it was Tuesday, I believe, I cannot justly say the day of the month, it was a month ago to-morrow; I was in a box in the tap room; this good man, the witness, was there and my partner, my partner went away directly as he had drank some beer, and I stopped there for him with this other man, James Harvey < no role > , this good man awaked me, I was asleep.

Q. Before you went to sleep had you seen the prisoner in the room? - I cannot say whether she was in the room or not.

Q. Had you been drinking any liquor that made you go to sleep? - We were up all night, it was not the liquor; this good man waked me, and as soon as he waked me, he bid me feel in my money pocket to see if I had lost my knife; I felt in my pocket and found I had lost my purse and my knife, it was all gone when I awaked; they were all in my breeches pocket, they were leather breeches, I then sent for a constable.

JAMES HARVEY < no role > sworn.

I am a plaisterer; I was doing a jobb and I came into that house waiting for some money, that I had been doing a jobb for,the man was in the house and the woman likewise, and his mate; his mate went out to see about the cart, the prosecutor remained; he was in a box by the fire place; he sat in the further corner, the woman in the middle, and I sat next the fire place; he was asleep. I got sitting down by the fire and saw the woman fumbling about his pocket, she pulled out a clasp knife and a halfpenny first, I see her do it, and she said, he had got nothing at all; and then she got fumbling again, I thought she had been fumbling in another manner at first; then she fumbled again and pulled out the purse out of the same pocket, as for the contents of the money I will not be answering for; it was a worsted purse; I awaked the man immediately and told him of it; I asked him if he had not lost a knife and a halfpenny? he said, yes, he had lost a knife and some halfpence, and thirteen shillings, then after that he wanted her to give him the money and make it up and let her go about her business, then she would not make it up, the woman would not deliver the money to him; so we told Mrs. Peacock of it at the one Tun; says I, this here woman has taken the money from this here man, and she denies it; she kept it for some considerable time; then she took it out of the purse and put it in her pocket, and then threw the purse down; then Mrs. Peacock begged and prayed of her to give the man the money, then she pulled out the half crown piece, and four shillings and some halfpence, and the knife; then mistress ordered me to fetch a constable; when the constable came to search her, he found three shillings in her hand more, then after he had got the three shillings, she wanted to go, the constable said she should not, because she did not make the remainder of the money up, the man said if she would make the remainder of the money up he would spend two shillings for the good of the company, she would not do that; so they took her away.

Q. Was this woman in the company of this man at the time you went in? - She was in the box.

Q. Where they old acquaintances do you know? - I don't know nothing about it.

Q. Did he at all admit that he gave her any money? - When he awaked he said he had lost his money.

JAMES NEWMAN < no role > sworn.

I produce four half crowns and five pennyworth of halfpence, a knife and a worsted purse, they were all on the table; I searched her and I could not find any thing about her, and she turns herself about in the box, and she pulled out three shillings more, and said now let me go? no, says I, I shall see nothing of this sort before my face.

Court to Prosecutor. See if you can speak to that purse, and to the knife? - I can, but I cannot speak to the money.

Prisoner. I was going out to do a day's washing, and our water did nor come in, and I went to a public house to get a pennyworth of warm beer, this man began to pull me about, I told him I was not for his purpose, he said he would give me any money if I would go with him, as for the colour of his money I saw no more of it than a child unborn; I turned myself round and see some money lay on the table, but I am as innocent of taking it as a child that is unborn, I stripped myself, and I had nothing but my own duplicate, I have no witnesses; I have got a poor fatherless child, I have let nobody know where I am.

GUILTY of stealing, but not privately . (Aged 30.)

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.