664. MARY GARDNER proceedingsdefend This name instance is in set 15421542. was indicted for feloniously receiving on the 19th day of December last, sixty-four ells of silk mode, value 9 l. the property of Joseph Whitridge proceedingsvictim and George Pritt proceedingsvictim , which goods had been feloniously stolen by Ann Moore < no role > and Sarah Partridge < no role > knowing them to have been stolen .

A Second Count for feloniously receiving, comforting and harbouring the said Ann Moore < no role > and Sarah Partridge < no role > after they had committed the same felony, knowing them to have committed the said felony .

GEORGE PRITT < no role > sworn.

I know the prisoner, I found the things mentioned in the indictment in her house, they were my property, some of Sir Sampson's men were with us; Mary Moore < no role > and Sarah Patridge < no role > were in her house; the things are in the possession of Morant.

Court to Pritt. What passed at the time between you and the prisoner Gardner? - Atkins belonging to the office rushed in, and found the mode on the table, with Mrs. Gardner, and Moore, Stokes, and Partridge standing all round the table opening it; she was also treating them with some liquor of some sort, this was about twenty minutes or half an hour after I lost it.

What was the conduct of the prisoner on your coming into the house? - Very bad.

What did she say or do? - She insisted on knowing our authority for searching her house, and rather hindered us from sending for any other assistance, by stopping the door; we got more assistance from Bow-street, and I let one of them in at the window to assist us to search, there were four of them.

Court. What, she would not let you open the door? - She was not willing.

In what way did she hinder you? - She went to the door herself and insisted nobody should go out.

Do you recollect what she said about the goods? - She could have no other cause but to suppose they were stolen, they could not have come honestly by them.

Did you know from any thing that passed whether the other three women lodged in the house or not? - I believe they did not lodge there, they went there directly. my young man traced them.

Mr. Garrow. Do not tell us what your young man did? - Sir, I came here to tell the truth.

Mr. Garrow. My Lord will tell you, that you are not come here to tell us what any body else said or did, but only what you did yourself? - I saw the goods in her possession.

The record of the conviction of Ann Moore < no role > and Sarah Partridge < no role > read.

Mr. Garrow to Prosecutor. You went about twenty minutes or half an hour after? - Yes.

Then you found this congregation of women and the things laying on the table? - Yes.

Did you go in with Atkins or did he rush in first? - Yes; he saw it with the same eyes I did.

Did he see it with your eyes Mr. Pritt; how many of them were there? - I believe there were four belonging to the office.

Four men belonging to Bow-street office against four women! and I believe the prisoner and Mrs. Stokes were within a few hours of their delivery? - I believe you are mistaken.

Was not Mrs. Stokes brought to bed that night? - I do not know, it is not my business to enquire when women are brought to bed.

There were four men belonging to Bow-street office, and you thought it necessary to let in some more at the window; which of you was it that knocked the prisoner down? - Not a soul, no more than I knock you down just now.

What account did this woman give of her acquaintance with the people in the room? - She pretended she knew nothing of them, she said they came there, and she gave them some refreshment, and she knew something of the husband.

So seeing Mrs. Stokes was very much like herself, very big with child, and very much wearied, she ventured to give her a little refreshment? - She said so.

Did you break open all the drawers? - All that were locked then.

Why I believe Mr. Pritt they attempted to break some drawers open, but she opened them herself? - Yes, the officers searched the other women.

What was the value of this piece of mode? - About 9 l.

How much money did you find on all the women that were there except Mrs. Gardner? - I cannot be positive, I did not search them, I do not know what the officers found, this woman behaved very bad, she insisted on knowing our authority.

The mode was laying on the table publickly and openly, was not it? - Yes, as if they were in treaty.

Why Mr. Pritt is there any thing more particular in mode when people are in treaty for it than at another time? - It was open and the folds taken out.

That could not have happened, I suppose by their saying we have been purchasing some mode, what do you think of it, is it good? - Mighty unlikely.

Could it not Sir? - It was impossible it should.

You say it was quite impossible, very well Sir, after that I will not ask you a question more.

JOHN ATKINS < no role > sworn.

I belong to Bow-street, I was present at the prisoner's house when she was taken up, on Friday the 19th of December, Mr. Pritt came down to Bow-street, I went to the prisoner's house and opened the street door, and when I came in there was a round table and there were Moore, Partridge, Stokes, and the Prisoner, all round it upon my going in, I knew Stokes, and seeing her situation I catched hold of her arm and told her not to be frightened, and took her and put her by the fire in a great arm chair, I searched her and left her, and went to search Ann Moore < no role > , we kept them there till we had more assistance, we brought them down to the office, the mode was laying open, my attention was paid entirely to Stokes because of her situation, I took her to New Prison that night, and she was brought to bed that night or in the course of the morning.

Mr. Garrow. I believe you know that the prisoner was bailed on account of the advanced state of her pregnancy and that she surrendered these two sessions to take her trial? - Yes.

What did you find on the other women? - About four and sixpence.

MOSES MORANT < no role > sworn.

I was present and saw these four women, they faced a round table, with one leaf up only, and on that table lay this piece of mode open, pulled out of its folds, as if they had been looking at it.

What did the prisoner do or say to you? - She insulted me very much, and called and abused me; I shoved the boy out at the door, she said I should let nobody out; after the boy was out, she flew into a bigger passion still, and said I should let nobody in.

What did you let the boy out for? - To fetch more assistance, for there were so many women I did not know whether we should keep the mode safe or not; when the officers came from Bow-street, she kept me from opening the door, and one of the men threw up the sash and jumped in at the window; the officer got in, and then we took them away and searched the house; then she consented at last to have her house searched.

Court. She refused at first? - She did, either to open her door and let us out, or to let any more in.

Mr. Garrow. You are a good deal in the habit of apprehending thieves? - Yes, but I would rather face so many men than so many women, because I could handle them in a different manner, I searched one woman, and found half a crown, I do not remember what was found on the other.

Do you recollect Mrs. Gardner giving any account of these people coming there? - She said they came to refresh themselves, they were drinking brandy.

Did not Mrs. Stokes say she knew nothing of Gardner? - Yes she did say so.

Did not she say so when she was tried here for her life? - She did.

(The mode deposed to.)

Mr. Garrow. What mark is there upon it? - Here is the number and length which correspond with our invoice.

SILVESTER FREEMAN < no role > sworn.

I am an auctioneer in Westminster-market; I have known the prisoner about fourteen of fifteen years, she has a very good character, or else I should not have bailed her; I have attended here two sessions before this she has about seven or eight children, I have the same; I went as one of the bail to Mr. Pritt, and told him I was one of the bail, and I had a very great family, and asked him why do not you bring on this trial; says she I am very glad to hear you are one of the bail, I shall fix you and the rest, and I shall get the thousand pounds.

Pritt. I never said such a word in my life.

Freeman. You are the man, I swear to it.

Pritt. You swear a great falsity.

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

NOT GUILTY .

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