339. DRUMMOND CLARK proceedingsdefend This name instance is in set 1383. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing on the 28th day of February last, five guineas, value 5 l. 5 s. and forty three shillings in monies numbered, the monies of Ralph Hollingsworth proceedingsvictim , privily from the person of Marry his wife .

Mr. Garrow thus opened the case.

May it please your Lordship, and you Gentlemen of the Jury, I am of counsel for the prosecutor, the indictment as you have heard, imputes to the prisoner the commission of a capital offence, I shall not detain you at this hour of the night with a long speech in opening the prosecution, the circumstances of the case are extremely short, and I am afraid extremely conclusive, and it will be your duty to decide upon it: the prosecutor is a butcher in the parish of Christ-Chruch, the prisoner had been a customer of the prosecutor's for some time, but as Mrs. Hollingsworth had at various times lost money from her person to a monstrous amount, and particularly on a Saturday, she was induced to take some steps, in order to find out by what means it could be taken, and there was a singularity in the conduct of the prisoner that induced her to suspect her: you all know it is the custom of those that trade with butchers and market people, to have their things sent home, but that never was the choice of the prisoner, and to Mrs. Hollingsworth down to the time of her apprehension, the place of her abode was never known: Mrs. Hollingsworth, by the advice of a neighbour, marked twenty-one shillings and a guinea, which was marked in a way that is not at all liable to a mistake, for that neighbour put upon it a stamp with his name at length; in the evening of the Saturday, the prisoner, as was her custom, came to the shop of Mrs. Hollingsworth, and she dealt with her for some goods in the way of her business, and in a very few minutes, when the prisoner came to pay for the goods, the prosecutrix discovered that two of the shillings which were delivered to her in payment by the prisoner, had almost the instant before been in the prosecutrix's own pocket; this was a little too strong; but Mrs. Hollingsworth also found that all her money, to the amount of seven or eight pounds, was gone, and the prisoner was of course immediately stopped. Gentlemen, if these circumstances are proved to your satisfaction, you must of necessity find the prisoner Guilty; but on the other hand, I for one shall be extremely happy, if you should have any serious doubt in the case, and I assure you I shall not at all lament if you can find any ground to acquit the prisoner.

MARY HOLLINGSWORTH proceedingsvictim sworn.

I am wife of Ralph Hollingsworth < no role > , the prisoner dealt a great while at my shop, she was there on Saturday the 28th of February.

Mr. Garrow. At what time? - She was there in the morning, and bought two pieces of beef of me, which she agreed and paid for before she went out of the shop; I asked her if she should went any thing more, she told me to save her a sweet bread; after she was gone I found my money was gone: the gentleman that lived facing me, desired me to mark some money, he marked twenty-one shillings and one guinea with his own name; I put that money on one side, in my side pocket, in a separate pocket, not my common pocket.

Had you that money in your pocket when the prisoner came to your shop in the evening? - I put the money in my pocket; she dealt with me for a sweet bread and a bit of veal, and paid me with two of those very marked shillings; I am very sure I had not given them in change, I had them in my pocket when she came in, I saw the mark upon them; I then said to her, now I have caught you, I took her into the kitchen and searched her, and found nineteen shillings that were marked in the morning, and one guinea, which, with two shillings she gave me, made up the whole money: she said she had them in change at the grocer's; as to the guinea, she could not say any thing of it.

(The two shillings produced.)

- LANDY sworn.

I am a neighbour of Mrs. Hollingsworth's, she was telling me the affair what had happened, she gave me twenty-one shillings and a guinea, I took them backwards to the anvil and marked them with this punch, which I had never used before, it is what I mark lancets with in common, but it is a new mark, it never had struck any thing before; those are two of the shillings I marked.

What time of the day did you mark them? - About half past eleven in the forenoon.

Court to Mrs. Hollingsworth. You have a good deal of business on the Saturday? - Yes.

You took a good deal of money in the course of that day? - Yes.

And changed a good deal? - Yes.

Are you sure you gave none of those twenty-one shillings in change in the course of that day? - Yes, because I did not put it in my pocket apron, I put it in my side pocket.

Do not you take change out of that pocket as well as the other? - No.

Did you put no other money in that pocket as well as the other? - No.

- CARR sworn.

I was present when the prisoner was at Mrs. Hollingsworth's.

Mr. Garrow. When was that? - In the evening of the 28th of February.

What passed in your observation? - When I came in, the prisoner at the bar and Mrs. Hollingsworth were standing together, the prisoner took two shillings to pay Mrs. Hollingsworth, and rubbed them as if they were dirty; says the prosecutrix, are not you a bad woman, you have robbed me several times, but now I have caught you: we took her backwards into the back room, there were several neighbours present, there were nineteen shillings and a guinea, and I think two or three shillings besides; I asked her how she came by them; says she I had them in change; I asked her how she came by the guinea, and she said nothing to that; she was a going to put something in her bosom, and it was a glove, and there were three guineas and some silver in it; Mrs. Hollingsworth said, if the money is mine, there is one guinea black of the tail side, and when she saw it, she said she would swear to the guinea; the shillings all bore the same mark.

- WARD sworn.

I was sent for to take the prisoner into custody, Mr. Carr delivered me the money.

Court to Carr. Was that money the same you had from the prisoner? - Yes.

Mr. Sheridan, Prisoner's Council. My Lord, I waved asking any questions till the money was produced. Mrs. Hollingsworth, you said you put this particular silver that was marked, into a particular pocket? - Yes.

You say you suspected the prisoner, did not that put you on your guard? - No, Sir, I wished to catch the prisoner out.

You had no particular suspicion of her at all? - No.

PRISONER's DEFENCE.

I know nothing of it, for my husband changed a ten pound note on the Friday, and I received money of him to pay away, and he gave it me, I know nothing of it.

Court. Have you that person here that you took it of? - No, my Lord, I cannot, he is not in town.

The prisoner called four witnesses, who all gave her a very good character.

Court to Prosecutrix. Did you see the prisoner take any thing from your pocket? - I did not.

Are you sure of that? - I am sure of that.

Mr. Carr. I only want to inform the Court -

Mr. Garrow. If you wish to say any thing against the prisoner, I do not wish to call you.

Court. You do very right Mr. Garrow, it would not be proper now.

GUILTY Death .

She was humbly recommended to mercy by the Jury and the prosecutrix.

Tried by the second Middlesex Jury before Mr. RECORDER.