187, 188. (M.) Elizabeth wife of Thomas Beer < no role > , otherwise Elizabeth Lacy proceedingsdefend , and Thomas Metcalp proceedingsdefend , were indicted for that they on the 17th of March , did break and enter the dwelling-house of William Andrews proceedingsvictim , and steal out thence one fustian frock, value 26 s. one stuff petticoat and one callicoe petticoat, value 12 s. one gauze handkerchief, one linen gown, one camblet gown, one damask table-cloth , the goods of the said William. *

Mary Andrews. On the 17th of March, between seven and eight o'clock, I locked my room door below, and went up stairs, and left the outward door upon the latch. I came down within about a quarter of an hour, and found the street door open, and the lock of the kitchen-door broke, and that open, and I missed a box of linen and cloaths, a petticoat, and a flowered linen gown, which hung up over the box; these were all in the room when I went out of it. I told the case to an acquaintance that had been robbed, he said he would apply to a man that should see to take the thief; and next day the two prisoners were taken, and some of the things I lost were found upon them. I went before the justice, there I saw the two prisoners, and Watts the evidence.

William Watts < no role > . I have known Elisabeth Lacy < no role > about two years, and Metcalp about five or six months; I was coming along Rag-fair, and met him, he asked me to go and take a walk with him, and I would not; that was the Saturday before we broke the house open. On the 17th of March, betwixt seven and eight o'clock, Tom Smith < no role > asked me if I had any thing with me that would break this door open?

Q. Who is Tom. Smith ?

Watts. That is the prisoner's right name; they call him Metcalp. He said he wanted money, and he would get some that night; and he would break that door open, and desired me to be concerned with him.

Q. How came you to pitch upon that house?

Watts. We had seen the woman and her husband by looking through the key-hole, and we thought the man was upon going out. After a little time he came out, and she went up stairs; then we went in, and I broke the inward door open with my foot; the street-door was left upon the latch. We took out a boxful of linen, and several things; there was a capuchin, a silk hood, a table-cloth, and child-bed linen.

Q. to prosecutrix. Are any of the things you found here?

Prosecutrix. Here is a fustian frock, a red cloak, a gauze handkerchief, a pair of shoes, a petticoat, (producing them.) We did not mention all the things in the indictment that we lost.

Watts. The prisoner helped the box upon my shoulder, and I brought that home to a house in Dunel's-alley; we both lodged there, it is in Petticoat-lane; and he made this Elisabeth Lacy < no role > by force of arms go and pawn the things.

Q. How by force of arms?

Watts. He said, if she would not go directly, he would by force of arms with a stick break her neck. She went, and returned with the money.

Q. Where did you send her to?

Watts. She said she sold them some to Dockery, some to Bray, some to Madams, and some to one Peacock, in George-yard; some in Whitechapel, and some in George-street. She said she had had a hard task to get them off, and hoped she should never have such a piece of work to do for any body again.

Q. Where did she live?

Watts. She lived at the same house we did.

Q. In what condition did she live there?

Watts. She lived with me for a year and a quarter.

Q. How lived with you?

Watts. As a bedfellow, no otherwise.

Q. What employment did she follow?

Watts. None, only going to sell things; sometimes sparts, and other things.

Q. What money did she bring you for the things she sold?

Watts. She brought six shillings on the frock, six on the petticoat, two on the cloke, and several sums of money for the rest.

Q. How long had you lived at that house?

Watts. We had lived there a fortnight.

Q. Had Lacy any connection with the other prisoner?

Watts. No, none at all; he said if she would go and sell the things, he would give her two shillings for doing it.

Q. How much money did she bring in the whole?

Watts. She brought about fifteen shillings; she never went on such an errand before.

Q. Did he give her the two shillings?

Watts. No, she gave it him again.

Q. Did he name to her those pawnbrokers you have mentioned ?

Watts. No, he did not.

Q. How came she to go to them so readily ?

Watts. By sometimes carrying to pawn a shirt of mine, or a shift of her own, and fetching them out again.

Q. Who did she give the money to?

Watts. She gave Metcalp the whole.

Q. What had you for your share?

Watts. He gave me half.

Q. How came you to be taken up?

Watts. I was taken up at Rag-fair, and carried before Sir Samuel Gore < no role > , and the two prisoners were brought there; one of them was taken up at a lodging-house at the bottom of Rag-fair, and the other at the Fountain; and when Metcalp was in the office, he swore bitterly because he did not make his information before I made mine, because he was taken up the over-night and did not own it.

Q. Who was taken up first?

Watts. He was, but he was let go again, because he did not own it; and when I was in New-prison, he used to send me many letters, praying of me to be as favourable as I could to him.

Q. Where are those letters ?

Watts. I have not them I used to write on the back of them, and send them back again, and desire him not to send any more.

Q. What did he say before the justice ?

Watts. He denied it all there.

Q. What did Lacy say there?

Watts. She said she was a hired servant to him.

Q. Was she hired to him?

Watts. He made her take a shilling.

Q. Did not you say she gave it him back?

Watts. She did, but he made her take one shilling.

Q. How do you call this a hired servant ?

Watts. He told her at first he would give her two shillings; but afterwards he gave her but one.

Q. Did she take it?

Watts. She did.

Q. How did you get your living?

Watts. I draw patterns for the silk-weavers, and have this nine years.

Prisoner. He was tried for taking a gentleman's hat from off his head.

Watts. I was only arraigned for it, but I never did it; Metcalp has been tried before.

Q. from Lacy. Did I take any of the things?

Watts. No, she was only at the door when we took them, we were going by.

Q. What all three of you?

Watts. Yes, all three together.

Q. Did she stay at the door while you went in?

Watts. She did? but she did not assist.

Q. Did she see you bring them out?

Watts. Yes.

Q. Did she, after that, go along with you home?

Watts. Yes.

Q. Did she hear you consult to break the door?

Watts. She heard him bid me do it.

Q. Did she endeavour to dissuade you from it?

Watts. Yes; she begged of me, and fell down on her knees at the door, and prayed I would not.

Q. What answer did you make her ?

Watts. I bid her hold her tongue, and said I would do it.

Q. How came you to do it?

Watts. Because Metcalp persuaded me to it, and gave me liquor; he was hardened in it.

John Boswell < no role > . I was coming along in the back lane, near Rag-fair, it was some time in March, I do not know the day of the month, there was a woman came to one Calligan's house to Mr. Brebrook, about taking some thieves. Mr. Brebrook pulled out this gauze handkerchief, and asked the prisoner if he knew it? He said no. Then he said, you shall go before the justice; he will make you know it. Then he said he knew it; and we went to the pawnbrokers, by his direction, and found all these things pawned, some in the name of Elizabeth Lacy < no role > , and some in the name of Beer; some in George-yard, some in George-street, and some in Goodman's-fields; I have had the things in my custody ever since, these are them here produced. The woman was before the justice; she wanted to be admitted an evidence, and said she could discover more than Watts could. Watts told the justice that the street-door was upon the latch, and Metcalp shoved his foot against the inward door, and he went and got a punch, and shoved the lock back.

Q. Did Lacy own to this fact?

Boswell. No, she did not; Metcalp swore and blasted himself, and said, if he had known it before, he would have made himself an evidence; and said, if thieves go out together, they ought to keep counsel.

Q. What are you?

Boswell. I am a butcher.

Q. Was you concerned in taking either of the prisoners?

Boswell. I was in taking Watts the evidence. I went along with James Brebrook < no role > This name instance is in set 35820. up two pair of stairs in a lodging-house, he was along with some creatures, there we took him.

James Brebrook < no role > This name instance is in set 35820. . I am an officer belonging to the Marshal's court; on the 16th or 17th of March, Mrs. Andrews and a man came to our house, I was not at home; they left word with my wife that her house in Cox's-square had been broke open, and they had lost a quantity of linen, some of it child-bed linen. I inquired among some bad houses about Rag-fair, and was informed Elisabeth Lacy < no role > was seen dressing a child at the Bull-and-butcher with child-bed linen, some clean, and some dirty; and the night before that, I had taken this Metcalp up at the same house, among some pickpockets; I took him home, and kept him in my house all night, and asked him if he knew of breaking a house open in Cox's-square, and stealing some linen? He denied it. I said what is become of Watts, he having been an old offen der? He said he did not know. He having this gauze handkerchief that is produced here, I asked him how he came by it? He said he bought it in Rag-fair, for fifteen-pence. I told him, if he would let me know where Watts was, I would let him go. So I kept this handkerchief, and told him, if he came again, and told me where Watts was, he should have his handkerchief again. The last witness coming down, and telling me what sort of a man was above in this lodging-house, I went up, there we took Watts. I took him home to my house, and shewed him this gauze handkerchief, and asked him if it was any part of the goods that he took where the house was broke open ? He said he would tell me nothing till he came before Sir Samuel Gore < no role > . I took him there, and while we were there, the other prisoners were brought in. Lacy did not own she had any hand in the robbery there; but when we were going along with her to Clerkenwell-bridewell, she said she could make a greater discovery than the others. I said, let us go and find the things first. We went to the several pawnbrokers; she went in first, and asked for the things that she had pawned, and we found several things, which the prosecutrix owned, and are here produced. Then she said she was concerned with them in breaking this house; and in fact they all three owned it.

Metcalp's defence.

On a Saturday Watts met me in Rag-fair, I had not been well, I had no victuals, and was going to pawn a new shirt. He said, come along with me; he gave me a halfpenny, I bought a halfpenny-worth of pudding, and went with him home. He gave me some bread and butter, and I lay with him that night. He asked me the next day to go along with him to a cousin's house; I did, and on Monday we went out together. I came home; this woman and her mother were sitting by the fire; she had a child in her arms; she asked where Watts was? The mother said, he was gone to a cousin's to move some goods. Lacy desired me to go with her to meet him. We went, and met him with some things on his head. Under a door were more things, he put them into her apron, and she and I came home. We had not been at home along, before he came in with a box on his head, and hit Lacy a blow because she would not go and pawn them.

Lacy's defence.

I was not with them when the thing was done; but I was persuading them to go home. Watts was in liquor; I lived with his mother. She asked me where he was? I said I did not know. By and by he came in, and brought a box, I did not know what was in it. I was sitting with my child in my arms.

Both guilty of felony, acquitted of the burglary .

[Transportation. See summary.]