52. (L) Elizabeth Gray proceedingsdefend , spinster , was indicted for stealing one gold ring, value 4 s. the property of William Smith proceedingsvictim , Dec. 12 . ++

William Smith < no role > . I am a Goldsmith and live in Cheapside ; on the 12th of December last I was call'd into my shop, where I found the prisoner looking on a gold ring, with the drawer of gold-rings before her. I weighed one, she took it in her hand, and laid it down on the counter and walked out; I immediately missed one. My servant went out and brought her in, and charg'd her with taking a ring; we found a new plain gold-ring on her finger; she return'd it, and said she took it by mistake; she own'd it was my ring, and offered to down on her knees, and said it was the first time she had done such a thing; we took her before the sitting Alderman; there she own'd she took it by mistake.

John Chapman < no role > . I am servant to Mr. Smith. The prisoner came into my master's shop, and ask'd for a plain gold-ring; she had tried two on her finger; she kept one in her hand, and gave me the other to weigh; my master weigh'd it by her desire, and told her the price was 7 s. she laid it down and went out of the shop; we missed one; so I went after her and brought her back; and upon my charging her with it, she soon produced it. I know it is my master's property, producing it.

Q. to Prosecutor. Look at it, do you know it?

Prosecutor. I do not swear to it; I have great reason to think it is mine.

Prisoner's defence. I went into the shop and I had two rings of my own on my finger, one a brass one, and the other gold. I had taken my own off and put it in my pocket, and afterwards by mistake, I put that ring on my finger thinking it to be my own.

Q. to Chapman. Did you see ever a ring on her finger when she came into your master's shop?

Chapman. Yes: she had two rings on her finger, which she had and produced after we detected her with this.

Acquitted .