251, 252. (L.) Susannah Bird proceedingsdefend and Hannah Morris proceedingsdefend , were indicted for stealing one linen handkerchief, value 10 d. the property of John Weedon proceedingsvictim , May 29 .*

John Weedon. On the 29th of May, I was in the King's-bench, Guildhall , to hear a trial; one Mr. Tolderoy told me he saw the prisoner Bird take a handkerchief out of my pocket; I felt, and missed mine; I charged an officer with her; she was taken into another room; and, upon searching her, my handkerchief was found lying underneath her as she stood.

Q. How come you to charge the other prisoner?

Weedon. The witness did that; seeing them, as he said, busy together.

Thomas Tolderoy < no role > . I was in the court of King's-bench, Guildhall, on the 29th of May, being subpoened there on a trial. I saw the two prisoners come, and by their behaviour, I thought them to be pick-pockets; they were very busy about a gentleman's pocket, and I told him to take care, for I thought they had pick'd his pocket; he said he had felt a hand in his pocket, but had lost nothing, having secured his handkerchief before; then they moved to another part of the court. I saw them go to the prosecutor, and as they were both standing together by him, I saw a handerchief lifted up from his pocket; I know not which of the prisoners took it out, but I saw Bird conceal it.

Q. Did you see Morris make any attempt on the other gentleman's pocket.

Tolderoy. I can't say I did; Bird seemed to be the busiest; they appeared as companions.

Q. Did you see the handkerchief found again?

Tolderoy. I did; it was found under Bird's cloaths as she was standing.

Q. Which was nearest the prosecutor when you saw it taken?

Tolderoy. I can't say which was nearest.

Q. How near was you to them at the time?

Tolderoy. I believe I was about ten yards distance.

Marmaduke Gibson < no role > . On the 29th of May I was in the King's-bench, Guildhall; the two prisoners were pretty near me, attempting a gentleman's pocket; the last witness and I tap'd him on the shoulder, and ask'd him, if he had not lost any thing; he said he felt a hand in his pocket, but he had secured his handkerchief; then the prisoners removed to where the prosecutor was. I had my eye upon them, and saw the prisoner Morris take a handkerchief from his pocket, the other prisoner was then close by her; they had walk'd round the hall together. After Bird was secured, I saw the handkerchief under her; which the prosecutor swears was his. (The handkerchief produced in court, and deposed to.)

John Percifull < no role > . I was charged with Bird, and took her into the sitting alderman's room; there searching her, I found the handkerchief under her cloaths. The prosecutor said it was his. After that, I was charged with the other prisoner, and I insisted upon searching her, but she said she would not be searched by me or any body else; but I searched her, and found only one handkerchief upon her (producing it.)

Morris. That is my own handkerchief.

Bird's defence.

I am innocent of the fact.

Morris's defence.

I was but just come into the hall as they took me; I know nothing of this woman, ( pointing to her fellow-prisoner.) I was not with her.

Q. to Tolderoy. Are you sure you saw Morris with Bird when the handkerchief was taken?

Tolderoy. I am certain of it; and that they were together before that was taken.

Gibson answered the same to the question.

Both Guilty .

[Transportation. See summary.]