The King and Frederick Deft. was Ind for obtaing. certain goods the property of John Harvey< no role > under
prefalse pretence of her being of the age of Twenty three years whereas in truth
and in fact she was an inft. under thence [..] and not of the age of Twenty three
The evidenceOn the part of the pros: was produced a record of the Marshalsea Court
to prove that [..] an appin of debt [..] had been camed on in that Court for the reconvey of
the value of the goods andbutthat the deft. had obtained avudiet them by
pleading her non age but no such thing appeared by the record where [..]
theythen allproduced a witness to give evidence of what passed at that
trial - but the witness being objected to on the part of the deft. upon
head the pror. dvnd their can
argrement the Court rected such evidence in admisseble. - Upon
this on the part of the deft. it was urged that as the pros: had failed
in his proof that the defr. was [..] under age defr. ought to be acquittd.
and the Court inclining to this opinion the matter went to the Pry
but an observn. being made on the part of the pros: that tho' there was
no proof of the non age the Jury might from this judgemt. from the
appearance of the defr. an altercation ensued and the defts. Counsel
prayed after this suggestion to be allowed to go into his [..] defined and
examinr. of witnessesto the part of the deft:which the Ct. taking
into Consedr.the opinionIt was reclid 5 to 4 that as the matter was left
to the jury the defts. [..] would not now [..] be promd
to lay any further evidence before them. Deft was acquitted