90. FRANCES BIGGS proceedingsdefend was indicted for burglariously breaking, and entering the dwelling house of Farrel Mackone proceedingsvictim , on the 21st of November at the hour of eight in the night and feloniously stealing nine cloath coats value 3 l. one surtout coat value 14 s. 3 pair of shalloon waistcoat sleeves, value 9 s. the property of the said Farrel, and one tambour waistcoat, value 10 s. the property of Miles Dignam proceedingsvictim .

FARREL MACKONE < no role > sworn.

I live in Rosemary lane, in the Parish of St. Botolph, Aldgate , in Middlesex, on the 21st of November, I went out about a quarter after seven. I left nobody in the house, I locked the door, and returning for a waistcoat that I wanted, I found I was robbed of coats and waistcoats, and the door was wide open; it appeared to have been opened by false keys or pick lock keys, it did not appear to be broke; I lost nine close coats one surtout coat, two waistcoats thirty one pair of sleeves; I do not keep a shop, I buy for dealers that come out of the country, I lost nothing else; I went among the pawn brokers to seek for my things; the prisoner having no means to dispose of the things, sent to me on the 23d, and asked me if I was robbed, I said yes, I told her what kind of goods I had lost, says she make yourself very easy for I have got them all, I was very glad to hear it, she said I have lent 15 s. 6 d. on them, and as you have been at the expence of printing the bills, I shall forgive you the rest upon letting me have half a guinea; I did not contradict her, though I had had no bills printed.

Court. What was the value of the whole things? - Four pound I put my hand in my pocket, and I gave her half a guinea, in the course of five or six minutes I was very uneasy to see the goods, then she called in a man and gave him a key out of her pocket, and told him to go and fetch them, in a little time the man came back, and brought no goods; he said your daughter said I suppose you made my mother drunk and stole the key from her, and that you mean to hang us all; the prisoner and me then went for the goods ourselves, she desired me to come with her and she would produce them; she told me to stop at the sign of the King of Prussia, in Salt Petre Bank, and she would bring me the goods presently; I waited, and in a very little time I was very uneasy, I thought I had lost both the half guinea and the goods; but in a few minutes the goods were brought on a man's back tied up in a patchwork counterpane; the prisoner was with him, I then missed part of my property which were not there, there were two coats missing, and all the sleeves; I asked the man where the remainder of the goods were; the prisoner said, if in case I gave her a little time to find the thieves, I should have all the goods and the thieves to: I went home with her to her house, and took another man with me; the prisoner was so much in liquor, I let her alone till the next day.

Court. You went home and left her? - Yes, when I came next day she told me, if I was to come so often she never could produce either the thieves or the goods, for my coming so often kept them away, and would raise a suspicion; when I went afterwards, she said sessions was coming on; and as I had compounded felony with her, if she went to bloody Newgate, I should go with her. I went to Whitechapel court, and gave information, the man that was with her was very rude and stripped to fight; we took her to the justice, and she produced a couple of girls, which she said brought her the goods to sell; but as she could produce no witnesses, she was fully committed, the justice would not admit her as evidence against them.

PRISONER's DEFENCE.

On the same night this man lost his goods, the goods were brought to my place to be sold; I buy and sell old cloaths as well as he: There were eight coats and two waistcoats, the people asked me a guinea and half for the goods, I looked at them, and thought they were too cheap; I stopped the goods, and would not part with them; my daughter lay in on Friday, I could not come out, on the Saturday morning, I was going to advertise them, and I called into the Blue Boar, and there I heard Mr. Clark say to one Jerry Leary < no role > that is a dealer in the lane, has Farrel Mackone < no role > heard of his goods; I asked if he had lost any, they said, yes; I went to the Rosemary Branch; and the master said it was so; I said I believe I have them says I, God forbid I should keep them, I sent for him, and asked him if he had been robbed, he said he missed eight or ten coats and two waistcoats, and some livery sleeves; I said, as for the livery sleeves and a spotted coat I never saw, I saw eight coats and two waistcoats, and if you come with me you shall have them; he thanked me very much, and called for a quartern of shrub and paid for it; and he would give half a guinea for my goods, I gave him change out of a guinea in silver; he came on the Sunday, he treated me with a pint of beer, and a glass of rasberry: on the Wednesday after he came to me, he had two or three pots of beer, and always prayed to God to bless me for what I had done for him; he kept coming to me twice a week for three weeks; and then he took me up; and when he took me up, he said, if I would give him two guineas, for his spotted coat, and the sleeves, he world forgive me: I said I have no money, my witnesses are sick.

Court. Do you say that you was not taken up for three weeks afterwards? - Yes, my Lord.

Court to Prosecutor. Is that so, was you three weeks before you took her up? - I do not know how long it was.

I understood you said you took her up the next? - It was the next day that she produced the things.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.