363. MOSES EMANUEL, otherwise MANUEL proceedingsdefend , was indicted for stealing a wooden trunk covered with leather, value ten shillings, a flowered silk tabby sacque, value 4 l. a flowered silk tabby petticoat, value fifty shillings, a blue and white silk gown, value 4 l. a silk cloak trimmed with silk lace, value 4 l. a pair of worked muslin treble ruffles, value twenty-five shillings, a sattin petticoat, value thirty shillings, thirty lawn handkerchiefs, value 3 l. twelve muslin handkerchiefs, value 4 l. 10 s. three dimity petticoats, value thirty shillings, nine linen shifts, value fifty shillings, five linen riding shirts, value twenty-five shillings, six worked muslin aprons trimmed with thread lace, value 10 l. a worked muslin apron, value twenty shillings, seventy yards of blond lace, value 3 l. fourteen yards of thread lace, value 3 l. four yards of worked muslin, value forty shillings, a striped muslin cap trimmed with thread lace, value five shillings, eighteen pair of silk stockings, value 9 l. a sattin muff, value five shillings, six dimity towels, value six shillings, a callico bed gown, value five shillings, a dimity bed gown trimmed with thread lace, value ten shillings, six pair of thread lace single ruffles, value forty shillings, six muslin cravats trimmed with thread lace, value twenty-four shillings, and one silk riding waistcoat trimmed with fur, value ten shillings, the property of Sir George Warren proceedingsvictim , Knight; a silk and cotton gown, value twenty shillings, a sattin sacque, value 4 l. a sattin petticoat, value fifty shillings, five linen shifts, value twenty-five shillings, eight pair of silk stockings, value forty shillings, five pair of worked muslin ruffles trimmed with thread lace, value twenty-five shillings, a pair of worked muslin ruffles, value five shillings, four worked muslin aprons trimmed with thread lace, value forty shillings, three worked muslin aprons, value thirty shillings, two silk aprons trimmed with silk lace, value twenty shillings, five linen aprons, value ten shillings, three dimity petticoats, value thirty shillings, six muslin half handkerchiefs trimmed with thread lace, value thirty shillings, a thread lace handkerchief, value fifteen shillings, eight lawn handkerchiefs, value sixteen shillings, and two callico bed gowns, value two shillings, the property of Peter Alexis Weiss proceedingsvictim ; a striped silk and sattin gown, value twenty shillings, the property of Sarah Jones proceedingsvictim , spinster , January the 19th .

WALTER TAYLOR < no role > sworn.

I am servant to Sir George Warren < no role > ; I attended Lady Warren to town from Bath: my fellow servant and I fastened the trunk behind the chaise at Bath; when we came to Hounslow my horse threw me, and being hurt, my fellow servant and I got into a post chaise; I examined and saw the trunk safe at Hounslow .

EARLEY WHYATT sworn.

I am servant to Sir George Warren < no role > ; I attended the chaise; I saw the trunk safe at Hounslow; it was missing when we came to town; I saw the trunk afterwards at Sir John Fielding < no role > 's; I observed the straps had been cut: I buckled the trunk on at Marlborough.

JULIA PERELL WEISS < no role > sworn.

I am a servant to Lady Warren: I packed up all the things mentioned in the indictment at Marlborough-castle, at Bath; when we got to town the trunk was gone: I was the first that missed it.

To WHYATT. Was it possible the trunk could be lost by accident? - No, it was secured by four leather straps; there were two end straps and two that came over; there was a leather on the trunk to put the straps through.

JOHN FLETCHER < no role > sworn.

I am clerk to the Rotation-office; I saw the things advertized different ways in the papers; in one, that the trunk was stole, and in another, that it was lost; I received an information that some things were concealed in the house of Lydia Isaacs < no role > ; I went to Mrs. Weiss, and we went together to the house of Isaacs and found a great number of things that had been taken out of this box; she immediately said she would produce the man she bought the things of, and an officer was sent to take the prisoner; he was secured, but denied knowing any thing about it.

[The goods found in Isaacs' house were produced in court, and Mrs. Weiss deposed that some of them were Lady Warren's, and some her own.]

RICHARD DIGNAM < no role > sworn.

I went with Fletcher to search Lydia Isaacs < no role > ' house; we found the things that are produced in court there; they were none of them concealed; when we missed a closet in our search, she told us of it.

MARY FRANKS < no role > sworn.

The prisoner is a neighbour to me; he came to me on a Sunday, I don't recollect the day of the month, and asked for my husband; he wanted him, he said, to buy a lot of goods; I told him he was not at home, and that if he was he could not buy these goods, for he had not money enough; he then asked me to go for my sister, who, he said, he knew dealt in such things, and he would satisfy me for my trouble; the person who gave the information was in the room at the time I went for my sister; the prisoner was in the room with the goods; I brought my sister, and she asked how much he would have for the cloaths? he said 30 l. she said she could not give so much, she would give him 25 l. he said, as he wanted money to go out on the morrow, he would take it; she gave him twenty-four guineas, and he gave her four shillings out of it; that was about three or four weeks after Christmas.

LYDIA ISAACS < no role > sworn.

I am sister to Mary Franks < no role > ; she came to my house on Sunday afternoon, I cannot tell the day of the month; it was about three months ago; I am a cloaths dealer; she said, there was a man at her house had got some cloaths to sell, and asked me to go with her or she would bring him to me; my son and I went to Mary Franks < no role > 's house and saw the man there; he opened the bundle and I looked at the things; I asked him if he bought them that day? he said, no, he bought them last Thursday: I asked him what he would have for them, he said 30 l. I said I could not give him 30 l I would give him 25 l. I would not give him any more; he said, he wanted money to go out on the morrow and I should have them; I paid for them and my boy took them home; about a month after my house was searched for these goods; the things were lying about, they laid hold of them; I told them if it was about those things I would go with them, and bid them take what they saw of the things; I was sadly frightened: they laid hold of my husband; I said for God's sake don't meddle with him, for he was in France at the time; I said, I would take them to the man I had them of, if that would do; they went with one of my boys and took the prisoner and brought him to me; I told them he was the man: I had the things six or seven weeks before my house was searched.

To DIGNAM. When was it you searched the house? - A month ago last Monday.

ISAACS. The day before my house was searched the prisoner came and said, he had two odd silk stockings; I told him I had not sold the things, and he might match them; he matched them and went away; this is the stocking he left with me; it was found when the house was searched; it is marked M 3.

Mrs. WEISS. This stocking belongs to my lady; it was marked W. that mark is out, M 3. is a new mark (the fellow of it produced) this has been marked W but it is cut out and the place sewed up.

" ISAAC ISAACS < no role > deposed, that he was

"present with his mother at Franks's lodging,

"and saw her buy the things of the

"prisoner,"

PRISONER's DEFENCE.

I don't know the people; I never had any dealings in my life with this woman.

The prisoner called

" AARON JACOBS < no role > , who deposed, that

" Barnard Franks < no role > , the husband of Mary

"Franks, asked him to go with him to fetch

"some things: that he took him to Broad St. " Giles's, and there took his bag from him

"and brought it full of goods, and bid him

"take it to his house in George-yard, Whitechapel,

"and he would be there before him:

"that he took them to Franks's house, and

"put them out, and look'd over them to give

"his judgment of them; and that there were

"some of the goods now produced in court

"among them."

"On his cross examination he was asked

"if he himself was not tried at the Old

"Bailey at the preceding sessions; the prisoner's

"counsel objected to the question, but

"the record of the conviction of the witness.

"and his sentence to be burnt in the

"hand and discharged, was produced and

"read in court."

"HYAM MOSES deposed, that on a Friday,

"about a month after Christmas, he

"met Barnard Franks < no role > , who desired him to

"come to his house in George-yard the next

"day to look at some hats: that he got a

"light and opened the door of an almost

"empty room, and there shewed him the

"hats by the chimney corner: that as he was

"looking over the hats somebody knocked

"at the door: that the door was opened

"and Aaron Jacobs < no role > came in with a sack of

"cloaths and threw them down on the

"ground: that there was a little boy with

"him: that the sack was opened and he saw

"fine cloaths: that he said, if he had got a

"gown that would fit his wife he would

"give him a good price for it; that he

"shewed him a silk gown, and he said they

"were for ladies: that the bundle was ladies

"cloaths in general: that when the matter

"was talked of, Lydia Isaacs < no role > said, she had a

"question to ask him, if he would do it, it

"would be half a guinea in his way, only to

"say before justice Welch, that Moses Emanuel < no role >

"was the man that brought the cloaths

"to her: that she gave him a crown earnest,

"and said she would give him another

"crown: and that she gave another person

"half a guinea before his face to swear the

"same; but that he would not be seen in it

"and did not come."

To LYDIA ISAACS < no role > . Did you ever give that man any money? - I never saw the man before; I know nothing of him.

" ISAAC BACKERACK < no role > deposed, that he

"was at the second examination of the prisoner

"before justice Welch: that he went

"from the office to the public house: that

"at the public house one Leah Solomons < no role > This name instance is in set 2682.

"said to Lydia Isaacs < no role > in Hebrew, where is

"the money you promised me? that Lydia

"Isaacs said, you must not have the money

"yet, you must attend at the Old Bailey;

"and that he saw Isaacs give her half a guinea

"to attend there: that Leah Solomons < no role > This name instance is in set 2682.

"was examined as a witness for Mrs. Isaacs

"at justice Welch's: that she had an interpreter,

"because she could not speak English."

FOR THE PROSECUTION.

" CHARLES GRUBB < no role > deposed, that he

"was with Lydia Isaacs < no role > in the public house,

"and took care she should not speak to any

"body; and that she did not speak a word

"to any body while she was there."

The prisoner called three witnesses, who gave him a good character.

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[No punishment. See summary.]