93. (M.) MARY WELLS proceedingsdefend was indicted for stealing a drab surtout coat, value thirty shillings , the property of Henry Mackendar proceedingsvictim October 27 .

Henry Mackendar < no role > deposed, that he lives in Tottenham-Court Road ; that his great coat was stole out of his parlour in the last week in October: that upon enquiring among the pawnbrokers, he found it at a Mr. Leyton's in Wardour-street, who informed him that it was pawned in the name of Mary Wells < no role > : that the prisoner had formerly lived in a house of his brother's, and still lived in the neighbourhood, of which circumstance he informed the pawnbroker: that they went to the prisoners house and the pawnbroker declaring positively, that she was the person who pawned the great coat, she was taken into custody.

Thomas Leyton < no role > deposed: that the prisoner pawned the great coat (which was produced in court, and immediately deposed to by the prosecutor) at his shop on the 27th of October. That he took particular notice of her; that she had on a black cloak and black bonnet, and that he was positive as to her person, that he could point her out if she was among a thousand women. That the prisoner was taken up on the Tuesday after; and that the bonnet and cloak she wore when before the justice were the same she had on when at his shop.

James Smith < no role > , a pawnbroker in OxfordRoad, deposed, that the coat produced, was offered to pawn at his shop, by a woman; but he did not take notice enough of her to know her again.

James Vincent < no role > , who is apprentice to Mr. Leyton, deposed, that he was in the shop when the coat was pawned, and that he was positive that it was the prisoner who pledged it.

The Prisoner in her defence denied the charge.

And call'd

Ann Westbrok < no role > . Who deposed that she assisted the prisoner in washing for four days, and that the prisoner was not once out of the house on Thursday the 27th of October.

- Smithson. A daughter of the prisoners, by a former husband, and who is 14 years old, deposed to the same effect as the last witness, and further, that her mother wore her (the witnesses) bonnet (which she produced in court) and not her own, when she went before the Justice, likewise that the prisoner had never wore that bonnet before, and that her mother, had not a black bonnet.

Mary Welch < no role > . Deposed that the Prosecutor told her in the street about last Christmas, that the prisoner was a whore as well as herself (the witness) and that he would be revenged of her before long.

This witness was asked by the Jury, whether she had a husband or not.

To which she replied, that her husband is a sell-monger and breeches maker in Pall-mall, but that they did not live together because her husband is rather extravagant but she is industrious; that she has two little rooms, one of which she occupied herself and the other she lets to a gentlewoman.

The Prisoner called several witnesses to her character.

Charles Pemlow < no role > . A cheesemonger in Red-Lion-Street, Holborn; said the prisoner was a customer, that she paid him for what she had; but he knew nothing of her friends and connexions.

John Peregrine Breme < no role > , who lives at No. 5. in Queen's-Buildings, Islington, who had been acquainted with the prisoner, twelve months, said, he knew her to be a strict, sober well-behaved, upright, just woman.

- Pemlow, who lives in Spaw Row, deposed, that she had known the prisoner three or four years, and that she is an honest well-behaved woman.

For the Prosecution.

Thomas Leyton < no role > , deposed that the bonnet produced in court by the prisoner's daughter was not the bonnet she wore when before the justice; he said that bonnet was a plain mode, this a figured sattin, and that the paterns were widely different.

Guilty of stealing to the value of ten-pence .

[Whipping. See summary.]