43. MARY DYER proceedingsdefend was indicted for stealing five linen sheets, value 15 s. and three tablecloths, value 21 s. the property of William Elbell proceedingsvictim , Dec. 15th .

WILLIAM ELBELL < no role > sworn.

I live at No. 7, in Great Suffolk-street, Charing-cross . On the 15th of December, at about two o'clock I went down into mykitchen and I saw a strangewoman there; I asked what she wanted, or what she did there?

Was that strange woman the prisoner? - Yes; she said she only wanted a pint of purl.

Do you keep a public-house? - No, a private house. I sent for a constable, and he took her before Justice Hyde.

Did you find any of your goods upon her? - No.

Prisoner. I never saw him till now.

Did you ever see the woman before that time? - Never in my life.

Is the constable here? - Not that I know of.

- ELBELL sworn.

I am the wife of William Elbell < no role > . On the 15th of December I was sitting in the parlour; we were going to have some hashed meat for dinner; I called my servant up to get some vinegar; the servant came up and went out for the vinegar, and left the door open; she came back with the vinegar; she took the meat down. She had not been long gone down before she called Ma'am, ma'am, here is a woman in the kitchen! I went down and saw the prisoner with a loaf under her arm; I lifted up her hat to see if I knew her. She said she wanted a pint of purl.

Did you see any of your goods upon her? - No.

Prisoner. I never saw the woman before to my knowledge.

MARGARET JONES < no role > sworn.

I am servant to Mr. Elwell. I was down in the kitchen; my mistress called me up and sent me for some vinegar; I went for the vinegar. I found the door open and I left it open. The door generally stands open at that hour of the day; it was between two and three o'clock. When I came back I left the vinegar in the parlour and took the meat down stairs; when I came down into the kitchen I saw somebody lying down; I asked who the devil was there to frighten me!

Who was the person that was lying down? - The prisoner. I went round the great table which stood in the middle of the kitchen, and said, you may get up now you won't frighten me; she crawled up; I asked her what she had got; she had a loaf in her apron, and the linen was rolled up under her, she had taken it off the table.

What linen was it? - Five pair of sheets and three tablecloths.

Did you leave the linen on the table? - Yes.

Are you sure it did not fall off the table? - Yes: it is a large ironing table; I had set it in the middle of the kitchen. Seeing the linen on the ground, I asked her what that linen was; she said she had nothing but her own loaf.

The linen was not in her apron? - No, it was on the ground; when she got up I saw the linen; I went round the table to meet her at the door, and asked her what she wanted; she said a pint of purl, and if she could not get it there, she desired I would let her go where she could get it; I said she should not go till my master or mistress came down stairs; I called out to my mistress who came down and lifted up her hat and looked at her; the prisoner told her she wanted a pint of purl; we asked her if that looked like a public-house; she said she did not know.

What part of the table were they lying upon? - Upon the middle of the table.

PRISONER's DEFENCE.

I was very much in liquor. I went in and called for a pint of purl; I could make no body hear; I laid me down and was almost asleep. I never stole a halfpenny worth of any thing in my life.

Jones. She did not seem much in liquor; she said we were in liquor.

Did you make any noise when you went down? - No,

Was she asleep? - No, I had not been out of the kitchen long enough.

She was not lying in a place concealed was she? - She was between the table and dresser; it was dark in that part of the kitchen.

Jury. Were the things tied up? - No, they were quite loose, some folded and some unfolded.

GUILTY .

Tried by the First Middlesex Jury before Lord Chief Baron SKYNNER.

[Fine. See summary.]

[Imprisonment. See summary.]