287, 288. (M.) Mary Brooks , spinster , otherwise wife of Edward Delany proceedingsdefend ; was indicted for stealing 18 yards of red bays, value 9 s. and 2 yards of linnen cloth, value 1 s. the property of Paul Cantling proceedingsvictim ; and,

Susannah Newberry proceedingsdefend , widow , for receiving the same, well knowing the same to have been stolen , August 5 . ++

Mr. Duberly. I employed Paul Cantling < no role > in making cloths for the army ; I delivered goods to him to make up into cloths.

Q. What have you lost?

Duberly. Mary Brooks < no role > was taken up, and charg'd with taking the goods; she confess'd she had taken seven linings, or eighteen yards of bays, and two yards of linnen cloth, and said she sold them to different people, and particularly she sold some to the other prisoner Susannah Newberry < no role > .

Q. How much did she say she had sold to her?

Duberly. She said, she had sold to her five linings; I went, as directed by Brooks, and found them; and said to Newberry, I have catched you at last ( produced in court) we call it brown Hessian; the other prisoner Brooks said, this belongs to me.

Cross Examination.

Q. Are there not other people that work for the army besides you?

Duberly. Yes.

Council. I suppose they make use of the same sort of materials?

Duberly. Yes, the same as I do.

Q. Then how do you know that these pieces were taken from you?

Duberly. I know it by the confession of Brooks.

Q. Will you take upon you to say the piece produced is your property?

Duberly. They are of the same sort that I lost, and the other prisoner Newberry own'd she bought the bays.

Q. Whether you found any part of the red bays at Newberry's?

Duberly. No, she said she had not got them; but she said she had bought them of the prisoner Brooks.

Paul Cantling < no role > . I was employed by Mr. Duberly to make up cloths for the army, and I employed the prisoner Brooks to help make up my work.

Q. Did you miss any thing?

Cantling. I miss'd a good deal of cloth; but she acknowledged she had stole 7 linings.

Q. How much is contained in a lining?

Cantling. There is 3 yards in a lining.

Q. Did you lose any Hessian?

Cantling. Yes, I lost a good deal, that is, linnen cloth, that we line the sleeves and make pockets with; I had a suspicion of the prisoner Mary Brooks < no role > , and took her up, and charged her with taking it; she own'd she stole 7 linings; I ask'd her what she had done with them; she said, she sold 5 of them to Mrs. Newberry; we got a search warrant, and found these linings.

Q. Did she own to have bought them?

Cantling. She did.

Cross Examination.

Q. Where do you live?

Cantling. I live in Diet street, St. Giles's.

Q. Where did Brooks live?

Cantling. She lodg'd in my house.

Q. What did she pay per week?

Cantling. She paid about 8 pence a week, and as she finished one garment I gave her another.

Q. In what manner did you pay her?

Cantling. I paid her by the piece.

Q. Did she work this work in her own room, or any other part of the house?

Cantling. It was done in my own room.

Hugh Fagan < no role > . I am a constable; I took up the prisoner Mary Brooks < no role > .

Q. What was she charged with?

Fagan. She was charged with taking things away from Mr. Cantling, but with more than what were found; Brooks own'd she had taken some linings, and sold them.

Q. Did you hear the other prisoner say any thing?

Fagan. Yes, she said Brooks wanted some money upon the cloth, but that she bought them out and out.

Brooks's Defence.

I lodged in this room of Paul Cantling < no role > 's, he always delivered the work to me to do; I made bold to take these linings, and pledge with Mrs. Newberry.

Newberry's Defence.

I did not buy a bit of lining at all, nor did I speak a word before the justice, g ood or bad.

Brooks Guilty .

Newberry Acquitted .

[Transportation. See summary.]