1. + Mary Castle proceedingsdefend , of St. Martin in the Fields , was indicted for stealing twenty-two Yards of Linnen Cloth, val. 20 s. the Goods of Magdalen Fountain proceedingsvictim , Widow , in her Shop , Nov. 14 .

This Mark [ + ] is prefixed to such Indictments on which the Prisoners would receive Sentence of Death, should the Jury find them Guilty, generally; which will in this Case, and many others, account for the Jury's finding specially the Value of the Goods to be less than is laid in the Indictment.

The following are Capital Offences, viz.

Privately taking above the Value of 1 s. from the Person. Stealing the Value of 5 s. out of a Shop, Warehouse , Coach-house or Stable. Stealing the Value of 40 s. out of a Dwelling-house.

Mrs. Fountain. I am a Widow, and live in St. Martin's Lane . On the 14th of November I lost this Piece of Cloth; 'tis about twenty-two Yards, and the Value of it is 20 s. I sell Linnen Cloth; and the Prisoner came into my Shop (with another Woman) between Three and Four o'Clock that Afternoon, and I thought they had been acquainted with each other. The Prisoner asked for nothing, but the other Woman asked for Cloth, and bought some of my Daughter. After she had paid for it, she went away, and the Prisoner with her, but she (who had been the Customer) returned presently, and said, - I believe you have lost something, look after that Woman that was in the Shop: I said, - O Lord! I thought she had belonged to you! and immediately I ran out of the Shop, and saw the Prisoner at the Corner of Long-Acre, I pursu'd her, and she ran away very hard, upon which I call'd out, - Stop that Woman! and accordingly she was stopp'd in Angel-Alley by Thomas Holder < no role > . As soon as he took hold of her, she squatred down on the Ground, but he lifted up her Cloak, and found this Piece of Cloth, which is mine, and was lost off my Counter. When the Cloth was found, she beg'd Pardon, and desir'd she might be let go for God's Sake, for she was a poor-Widow, and had two Children. I was mov'd, and sorry for her; but the People about us bid me carry her back to my Shop, and there she fell down on her Knees, and again ask'd Forgiveness: I told her, she had not offended me, and bid her ask Pardon of God; then the Beadle came up, and took her before Mr. De Veil, and so she was brought here.

Thomas Holder. I took the Cloth from under the Prisoner's Cloak, in Angel-Alley, in the Presence of Mrs. Fountain, and by her Order. The Prisoner own'd she took it, and beg'd Pardon. Guilty, 4 s. 10 d.

[Transportation. See summary.]