418, 419. John Mitchell proceedingsdefend and Mary Smith proceedingsdefend , were indicted for stealing out of their ready furnished lodging rooms, one pair of sheets, two pillowbiers, a looking glass, a linen towel, one diaper napkin, a mahogony waiter, the goods of Ann Kirk proceedingsvictim , widow, against the form of the statute in that case made and provided , June 25 .

Mary Kirk < no role > . My mother Ann Kirk < no role > lives in Holbourn, the two prisoners came to take lodgings of my mother the 25th of June. They agreed for the first floor ready furnished for seven shillings a week, and desired the Rooms might be got ready, and the bed sheeted. They went away and said they should be back in a quarter of an hour; they returned again in about an hour and an half, which was about three in the afternoon.

Q. Did they pass for man and wife?

M. Kirk. My mother understood them to be such. They said they were come from the country. They went up stairs into the rooms, they staid there about half an hour; then they came down and locked the doors, and took the keys with them, and said they should be back again by nine o'clock. They not coming back at eleven, my brother went in at the window and took off the staple of the door, and pushed the bolt back, and we went in, but we could not get into the dining room till next morning, when the smith came and took the lock off. We missed the things specified. The looking glass was a swinging one; they had taken that out of the frame. I saw all these things the same day at three o'clock.

Q. Where was you when the lodgings were taken ?

M. Kirk. I was in the passage, and after that I drank tea with them in the parlour.

Q. Who offered the seven shillings per week?

M. Kirk. The woman, my Lord.

Edward Saunders < no role > . Mary Smith < no role > , the prisoner, came into my master's shop, a stuff shop in Holbourn opposite Hatton Garden, on Monday the 26th of June in the afternoon a little after seven o'clock.

Q. Do you live near the Prosecutor?

Saunders. It is about ten or twelve doors distant, she agreed with me for some goods, which came to 55 s. She ordered me to make a bill and go with her to her aunt's in Dean-street, and take the money. I took her through Bartlet's buildings ; when we came there she desired me to walk up stairs. John Mitchel < no role > , the other prisoner, desired me to walk in; I laid my goods down and gave him my bill and receipt. He asked her if she had run him up a long bill, she said, no, it is but 2 l. I said it was 2 l. 15 s. They made off with my goods, I pursued them and found them at Black fryar's stairs, she in a boat and he getting in; they had two bundles besides mine, one of which were the goods mentioned by the other witness : my goods were in her possession, and the man had these goods in his possession, lying at the bottom of the boat, and said, be it at their peril who dare touch them.

Thomas Atubury < no role > . I am the constable's servant, my master is very ill, he desired me to attend here with this bundle, [the goods were produced in court, Mary Kirk < no role > swore to them as her mother's property.]

William Kirk < no role > , deposed to the prisoner's taking the lodgings as his sister had done before, and also his getting in at the window and finding the things gone, and that they were his mother's property.

Mary Smith < no role > 's defence. These things I gave to this man, [pointing to her fellow prisoner] made up in a bundle.

Both guilty .

[Transportation. See summary.]