128. MARY PARTRIDGE proceedingsdefend This name instance is in set 5433227. was indicted for stealing, on the 26th of December last, a silver watch, value 20 s. the property of Everet Martin proceedingsvictim , privily from his person .

And JOSEPH SMALLWOOD proceedingsdefend was indicted for receiving the same, knowing it to be stolen .

EVERET MARTIN < no role > sworn.

The day after Christmas Day, I had been to the King's Bench; I came over Blackfriar's Bridge; going to Great Mary-le-bone-street, No. 6, where I live (it was about nine in the evening); I stopped at the corner of Fulwood's Rents , Holborn; and a woman asked me to go home with her; it was so dark, I could not see her; and in the same instant, a man who stood next to me, whom I could not see, and that man gave me a bit of a push; and before I could look round, my watch was gone; I swear positively I did not feel the watch go; but I have no knowledge of either of the prisoners, by reason of want of light; the watch was in the fob; the waistband of my breeches was buttoned at the time; they were cloth breeches; the fob was pretty deep in; I do insist I did not feel the watch go; I cannot say I was sober at the time; I first missed my watch the corner of Fulwood's Rents; it is a silver watch, worth three pounds; about ten days after, I saw my watch in the hands of Mr. Rumley; I knew it by the No. 716 being upon it; T. M. withinside; I recovered it as I lost it.

Mr. Knapp, Prisoner's Counsel. How long was you in the King's Bench Prison? - Two hours; I drank two or three pots of beer there among six or seven; there were many men and women passing and repassing; I went to no magistrate; I gave it up as a lost case; I do not remember saying before the magistrate that I was drunk, but I cannot say I was sober.

VALENTINE RUMLEY < no role > sworn.

I am watch-house-keeper. On the 1st of January the prisoner Smallwood was brought in for an assault; he gave me the watch to keep till the morning, to give him something to drink; he called for it before twelve; and I stopped him on suspicion ofstealing it; I kept the watch, and looked into the papers; it was not advertised; and at last I found the prosecutor; the watch fell down at the justice's, and I had it repaired; that was either the same day, or the next day, that I shewed it to the prosecutor.

HANNAH HARRINGTON < no role > sworn.

I work hard for my bread; go a charing, or any thing. I only know what the prisoner Mary Partridge < no role > This name instance is in set 3227. , who went by the name of Swallwood, told me; which was, that she went out on a Sunday, and took a watch from a foreigner; and that it was near the corner of Gray's-inn-lane; there were a stand of coaches near; and she took the watch from the man's waistcoat pocket, and ran by the coaches; and a lad that was standing by the man at the time, followed her, and asked her if she had done any thing? and she said, no, she had not, for she could get nothing of him: then she said she had a few halfpence in her pocket, and treated the lad, and came home with the watch: she told me it was a silver watch, gold hands, steel chain, and metal seal: she said the gentleman was making water at the time: I have known the prisoner Mary Partridge < no role > This name instance is in set 3227. eleven months: I lodged with her at a coal-shed: the prisoner Smallwood helped to support her, and came frequently backward and forward as a man living with her: they are not married; but they lived together as man and wife: and she went by the name of Mrs. Smallwood: I know Smallwood was not out of doors: I will take my oath of that: it was the day after Christmas Day: he laid on the bed when she came in: they have been parted some time: but he has had another lodging some time.

Mr. Knapp. You have had an accident with your eye, I perceive? - The night after I came from the sessions, two young fellows came behind me, and said, that is she that is against Smallwood; and they knocked me down on one side and on the other.

Is a chairwoman the only business that you follow? - Why, Sir, I take in washing.

Nothing else? - No, Sir.

How long have you known Partridge? - Eleven months.

You have lived on very good terms with her? - Yes, at times

When did you last quarrel? - The words between she and I were nothing particular.

But how long ago was it that you had any words? - Oh, we had no words since this affair happened.

How long before? - It may be nine months ago.

Were not there some other words between you? - No.

Have you never said you would do her the first opportunity, or something like that? - No, never in my life.

Not to Smallwood have you not said so? - Never in my life: I have heard her say to him, she would do him, but I never did say so in my life.

Every body in the neighbourhood understood them to be man and wife? - Yes, they did, at that time.

At the time this affair happened, did they live together then? - No, Sir; they had parted man and wifeship before that.

How long after that did you say any thing of it? - Never till I went to the watch-house-keeper, and stopped the watch in his hand.

Did you ever say any thing to any body about this but to the watch-house-keeper? - I was not sure he had the watch, till I heard him come home, and say he had left the watch there.

Court to Rumley. The man was discharged for want of prosecution? - Yes.

Did he ever say any thing to you about the watch? - I made him no promise; I do not remember that he said any thing at any time about the watch.

Mr. Knapp. Did not he say where he got it? - I cannot recollect.

Try and recollect? - I will not try, because I know I cannot.

Did not the prisoner Smallwood give you some answer, when you told him you would take him before the Justice? - He did give me some answer, but I cannot tell what.

Did not he say he found it? - He might; I cannot say.

CHARLES MORGAN < no role > sworn.

I keep St. Giles's Round-house. The woman, Hannah Harrington < no role > , came to me on Sunday, the 1st of January, and asked if there was not a watch left there? I told her there was: she said, do not part with it, for it is a stolen watch: neither of the prisoners were present.

(The watch produced, and deposed to.)

Prisoner Partridge. I leave it entirely to my counsel.

PRISONER SMALLWOOD's DEFENCE.

May it please your lordship. The charge which is alledged against me, I am innocent of; and I hope the honourable Court will think so.

GEORGE TELLICK < no role > sworn.

I am a carpenter, No. 22, Prince's-row, Mile-end, New Town: I know the prisoner Partridge: I know but little of Smallwood: I only saw him since he has been in confinement.

Do you know Hannah Harrington < no role > ? - Yes.

Do you know enough of her, to swear she is not to be believed on her oath? - Upon my oath, by the information I have had of her landlord: my own knowledge is very little of her, because I have not seen her: I know nothing of the woman.

Have you ever seen her since this prisoner was in custody? - No, I have not: yes, I humbly beg God's pardon, and your honour's, I have: I never heard her make use of any expressions relative to the prisoner: I have known Partridge four or five years: I never heard that she wronged a person of any thing.

Court. How did she get her living? - She used to live in service: I have not seen her these three years.

GEORGE PETIT < no role > sworn.

I live at No. 7, Brewer-street. Golden-square: I know the prisoner Smallwood ten years: when he was apprentice: he has been with me nearly two years as a journeyman ; he was at work in February, the morning that he was taken up in the afternoon: the general character he has had is the best of characters: my opinion of him is, I would trust him as I would myself: he was at work this morning: his master I am sure had a good opinion of him, because he used to allow him a shilling a week more than the other boys, for his care and fidelity.

The prisoner Smallwood called two more witnesses who gave him a very good character.

ELIZABETH CAMPLIN < no role > sworn.

I live in Hare-street, Bethnal-green: I am married: I came to say what I have heard Hannah Harrington < no role > say: I came for Mary Partridge < no role > This name instance is in set 3227. : I heard Mrs. Harrington say the day before the prisoners were moved from Bridewell here; I was at Harrington's house; and I heard her say that she would be revenged; I went to her house, and I heard her say she would have her revenge; if she had it not in this way, she would in another: I have known Mary Partridge < no role > This name instance is in set 3227. for these seven years; she had always a very good character: I take in washing for my livelihod; and I trusted her with a great deal of property: she is a servant; a housemaid .

Court. When was she last in service? - I have not seen her before these two years.

Where did you hear this Harrington say she would be revenged? - In her own apartment.

Was that in the house where they all lived together? - For any thing I know: I never saw Harrington before in my life.

Upon the oath you have taken, for what purpose did you go to her? - For nothing in particular; I was along with one Mrs. Eagle, an acquaintance of mine, who called to see this Mrs. Harrington.

LUCY EAGLE < no role > sworn.

I keep a cook's shop: I live at No. 11, Flower and Dean-street, Spitalfields; I am a widow; I know the prisoner Partridge: I knew the witness Harrington; I saw her in the house eight days before they were taken: the witness Harrington at three different times; the first time was eight days before they were taken; Partridge was out; Harrington asked me up stairs; she told me that Mary Partridge < no role > This name instance is in set 3227. was locked out; she said something about a watch; and said if that did not do, something else should; I called again about a week after they were taken; she told me she was very sorry for what she had done, but it could not be helped; that she did not mean to hurt her; but, as to him, she would have her revenge; the third time I went with the last witness to see Mrs. Harrington; and she again repeated that she would have her revenge; I saw Harrington give Partridge some money into her hand in gaol.

Hannah Harrington < no role > . I never said such a thing as they mention; one of the women has been with me three times, and the other has been with me; I will tell you what they said; I hope to Christ you will not hurt her; says I, as to hurting her, I cannot help what is done; if I am called upon, I must appear; that was all I said; there was not a word of revenge, or any thing of the kind; if I am called, I must appear; I never said any thing about revenge, upon my oath.

Is the evidence you have given true, or is it a fabricated story for the purpose of resentment? - Every thing I have spoken on the earth is true, so help me God Almighty: Mr. Tellick is her brother-in-law, and Lucy Eagle < no role > is her sister.

The Jury retired for some time, and returned with a verdict,

M. PARTRIDGE, GUILTY, not privately .

Transported for seven years .

JOSEPH SMALLWOOD < no role > , GUILTY .

Transported for fourteen years .

Tried by the second Middlesex Jury before Mr. RECORDER.