189. ANN MOORE proceedingsdefend , SARAH PARTRIDGE, otherwise ROBERTS proceedingsdefend , and MARY STOKES proceedingsdefend were indicted for feloniously stealing on the 19th of December last, sixty-four ells of fith mode, value 9 l. the property of Joseph Whitbridge proceedingsvictim and George Pritt proceedingsvictim in their shop .

GEORGE PRITT < no role > sworn.

I am partner with Joseph Whitbridge < no role > , the prisoner at the bar came to the shop, I was at dinner, I went down stairs, the boy was serving the prisoner Moore, and the prisoner Partridge was warming herself by the fire, she was stooping, our her place is behind a desk, I asked her if she had lost any thing, she told me she had just lost her sister's garnet ring, and could not find it, I looked, and could not see it, I called the maid to bring a candle, I saw it under one of the drawers, and gave it to her, it appeared to the plain gold ring; she then went to Moore, and Moore asked her if she was warm, she paid she was, the boy had served Moore, she paid for what she had, and they both went out of the shop together; said to the boy, what sort of cattle have you here, they have a very suspicious appearence; says he I really believe that one by the fire has taken something; says I, you had better call them back, and one of our other young men said, I would not call them back, they are very genteel ladies, they do not look like thieves; but I bid the the boy follow them, and while he was gone we found we had lost a whole piece of mode that came in the day before that was uncut, the first was Stokes which came in to pave the way, she was just gone when the things were taken, but she joined. company with them, I told the boy to make all the haste he could and follow them; I went to the Brown Bear < no role > in Bow-street, I got Atkins and Moses Morent < no role > , we went up to the boy, and he pointed to the door, and Atkins went and opened the front door, and forced the parlour door open, there was the mode laying on the table by the window, and there was Mary Gardner < no role > This name instance is in set 15421542. , Mary Stokes < no role > , and Moore, and Partridge, I believe they were drinking brandy, but Atkins spoke to stokes and said, Moll Stokes, keep your hands out of your pocket; Mrs. Gardner insissed on the officers shewing their authority, and made some resistance, and we though we should want help, we got the boy out of the door to get more hands, and she said no more should either go in or out, there came other young people, it is a house of ill same, and they barricaded the door, and I was obliged to let two men in at the window, they insisted on searching the house which they refused they broke open one of the drawers and then she turned out the things that were in the drawer, and let them search the house, they searched it, but there was none of my property except the mode which was laying upon the table.

Court. What is the value of this mode? - Nine pounds.

The made produced by Moses Morant < no role > .

How do you know it to be your property? - By the length and number, the paper was upon it that it came from the manufacturers in, I have the invoice of it.

Is there any shop mark on it? - No, we had not marked it, it was just come from the maker's, No. 6562, sixty-four ells and a quarter, at three shilling and a penny an ell.

Court. Is the maker here? - He is not here, but here is the invoice.

Do you take upon you swear and it was your property, and that it was in your shop? - I saw it about an saw before.

Mr. Silvester prisoner Moore. Stokes had been there? - Yes.

Was she with Child? - Yes.

This Patridge was at the fire? - Yes.

Was Stoke there then? - She was gone then.

Had you ever seen the parcel after Stokes was gone? - No, I was up at my dinner when she came in; Partridge acknowledged taking of it, Atkins and Morent were present

Prisoner Partridge. I never said such a thing.

Mr. Silvester. What did you say to her to induce her to say so? - I thing at all, I did not ask her to confess, it was at Mary Gardner < no role > This name instance is in set 1542. This set is in the group(s): GarrowsClients . 's house.

You had never seen her before? - No.

Was any body present? - Morent, Atkins, and my young man.

Did not your boy tell her he had seen something taken? - He said be believed she had taken something.

Did not he positively say he saw her take something? - No, he said he was fearful she had taken something.

- EVANS sworn.

I am shopman to Whitebridge and Pritt; I was present when two of the prisoners came into the shop, I was serving a person which I believe to be Stokes, I was called down from my dinner to serve her, she had a servant girl with her; I served her with half yard of a persian and when I had served her, before she was gone out of the shop, Moore and Partridge knocked at the door; I let them in, they asked for some white Persian; I sold them half a yard

Did you keep your eye upon Stokes all the while she was in the shop? - I did.

Could she have about my thing more than what you sold her without your seeing her? - No, she could not; as I was serving Moore with the Perlian, Partridge complain of being cold, and said she would go to the fire and warm herself. I then shewed Moore < no role > some mode, and as I was shewing it her our young lad came in; he said he would serve her, and desired I would go up and finish my dinner, I left Partridge by the fire, and our young lad shewing some made to Moors.

Do you know in what part of the shop that mode lay? - No.

Mr. Sylvester. Then Partridge continued by the fire all the time? - Yes; she purchased nothing.

When did Stokes go out? - Just as soon as they came in.

Did you see this mode after Stokes was gone? - No, I did not.

Then she did not stay at one side of the shop while you was serving the other? - No, she went as they came in.

SAMUEL SANSON < no role > sworn.

I am servent to Messrs. Whitridge and Pritt; on Friday of the 19th of December I had the city, and coming home I found Mr. Whitridge and Pritt were at dinner, and the prisoner Mooreand Partridge in the back shop, and the left witness was serving them, and I told him, he might go up to dinner and I would serve them, and just before that Partridge said she was very indeed and she would stand by the fire, and near there the goods are kept that come from the weavers.

Were they kept in such a place that any person that came to the fire place might come at them? - Yes, they were.

Court. to Evans. Was Stokes ever near the fire while she was in the shop? - Not to my knowledge, she came by the fire as the servant girl told me.

Sanson. Just as I had served Moore with half a yard of mode, I saw Partridge move towards the goods and move back again: I did not see her take any thing, but I suspected half a minutes she pretended she had lost gold ring.

Court. At she went to the place where those modes lay was she long enough to have taken any thing? - About half a minute; just as she had dropped her gold ring Mr. Pritt came down and called for a cansole to look for the ring; he gave gave her the rings, and I put the mode into paper, and Moore paid me for it; I said to our apprentice, says I, I verily think that lady has stole something; and he said, no, they are very; creditable ladies; says I, then I will tell; Mr. Pritt I did so, and he desired me to go and call them back; as soon as I got out of the shop he called me back again, and told me that the apprentice said it would offend them; but I said, I may as well watch them Mr. Pritt, and by that time you will see if you have lost any thing; I followed them and they had got as far as the ruins, when a woman joined them: she was dressed like Mrs. Stokes, but I did not see her face; they went to the top of Bow-street, into Hart-street; when I saw where they went in, I directly ran back to Mr. Pritt, and we both went there and got other assistance and got into the room; and there were all four, and the mode laying on a round table, and when we got in, Gardner said we should not search the house, I got out and got two more men; and Mr. Pritt was forced to let them in at the window.

Mr. Sylvester. Then she was but a little while towards the place where the goods were? - No, but a little while.

She did not attempt to go out after? - No, she was looking for her ring.

JOHN ATKINS < no role > . sworn.

I was called upon by Mr. Pritt to go and take the prisoners; I called upon Moses Morant at the office, and went together, and when we got up to the top of Bow-street, I saw the last witness standing, he told me it was next door to the publick house, that to Mrs. Gardener's house; I opened the street door, and I went into the parlour; Partidge was first, Stokes was rather further off, Gardiner next to her, and Moore, next to her, the mode say much in the state it does now; upon seeing her in the condition she was in, so big; I sold her to keep her hands from her pockets; that I should not hurt her; I took her towards the fire place, and I found some lace in her pocket and this Persian; then I searched Mrs. Moore, and in her pocket I found this mode and this Persian, and other things that were not owned.

Did any conversation pass about that mode? - No, not when I went in, they were alarmed.

Was any thing said by any of them? - Not in my hearing, because when I got into the room, I moved Stokes towards the fire seeing the condition that she was in.

Mr. Sylvester. What kind of a room was it, large or small? - Not over and above large, a middling sized parlour, the house is next door to the Bear in Hart-street.

I should have thought you would have heard any thing that was there said? - I heard nothing said.

MOSES MORANT < no role > sworn.

Did you hear any conversation pass about that piece of mode, by any one of these prisoners? - No, I heard Mrs. Gardiner say she could tell who brought the mode there: they were just going to drink some brandy.

Mr. Sylvester. You heard no conversation at all? - None at all.

And you was there the whole time? - Yes, I was one of the last that came out of the house.

- Prisoner My friends are not in Court.

The prisoner Partridge called four Witnesses what gave her a good character.

PRISONER PARTRIDGE's DEFENCE.

I hope I may have leave to speak: we went into the shop, and when we came out we met with this woman, Mrs. Stokes, and seeing her, very bad, and so big, Moore asked her what was the matter, she said she believed she was in labour, and she was going to Long-acre; she walked with us till we came to Mrs. Gardner's door, she was bidding two ladies good day, and Mrs. Stokes put her hand against the rail of the Bear publick house door, and Mrs. Gardner asked her, to step in, and then they sent for some brandy; I never saw the mode till this gentlemen, clapped his hand upon it, and said was his; we was not near the mode, it was on the table, and we were nearer the fire.

Court to Jury. It seems to on this indictment you cannot find at the three prisoners guilty, for Stokes was gone out of the shop as soon as the two others came in; and the shopman says he had his eye upon her the whole time, and he does not think it was possible for her to take any thing without his seeing her; you will therefore direct your attention to the evidence, as it relates to Moore and Partridge.

ANN MOORE < no role > , SARAH PARTRIDGE < no role > .

GUILTY Death .

MARY STOKES < no role > , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.