174. ELIZABETH HART proceedingsdefend was indicted for feloniously stealing on the 17th of February instant, a black silk cloak, value 39 s. the goods of Ralph Steel proceedingsvictim , privily in his shop .

RALPH STEEL < no role > sworn.

On Monday se'nnight the prisoner came into my shop with another woman, about three or four in the afternoon, she pretended to bring a customer to buy a cloak, and one of my shopmen shewed her several, and the were higgling about the price, I was attending to other customers, I suppose she was in the shop a quarter of an hour; the first alarm that I heard was, I heard a gentlewoman that was in the shop say, why madam, you came into buy one cloak, how came you to steal another; the prisoner made no reply; but I instantly cast my eyes upon her, and the gentlewoman whom I saw pulling something from under the prisoner's petticoats, I did not know the gentlewoman, but she is here; it was a black silk cloak belonging to me, I examined it immediately.

Had not she bought a cloak? - the person that she brought with her, pretended to buy one, and left 2 s. earnest for it, their way is, one comes too buy, and another steals, and the person that pretends to buy leaves some little earnest; I believe before the bargain was made, this gentlewoman detected her.

Was not this the cloak that she was bargaining for? - No.

Why is not your man here? - It is of no consequence my Lord because though he had shewn the cloaks, he could only prove it to be my property.

MARY FLACK < no role > sworn.

I was in the prosecutor's shop at the time, I was an entire stranger, I went into match a piece of silk for a gown, I went to the left hand compter, the young man told me to go to the upper end of the shop, there was the prisoner at the bar, and another person cheapening cloaks; the bargain was the woman offered 33 s. or 34 s. and 35 s. she had the cloak on her shoulders, at last she threw. it off her shoulders and offered 36 s. and said then she would give him ten shillings earnest, and as she stood quite close to the compter, on the right side of her, I saw something hang down from under the prisoner's petticoat to the ground, it was the corner of the cloak, the prisoner and the other woman had got almost to the street door, I stooped down and picked up the corner of the cloak before I said any thing; the corner of the cloak was on the ground, I gave it a pull, and I found it was tight; I gave it the second pull, and I said, ha! how comes you while you are buying one cloak to steal another, with that the prisoner turned round and said, me! and the cloak was loose; so I pulled it from under her petticoats.

Did you see her take it? - I did not.

What did she say for herself? - She said she did not take it, she did not say how it came under her petticoats, I have the cloak, it has been in my possession ever since it is the very same I took from under her petticoats, she begged forgiveness as she had three children and a young child sucking at her breast.

(The cloak deposed to beMr. Steel having his private mark on it.)

Court. What is the value of the cloak? The prime cost is 39 s. and 9 d.

PRISONER's DEFENCE.

I went into buy a cloak, and there was a quantity of cloaks upon the compter, and this cloak was under foot, and this gentlewoman pulled it from under my foot; I did not see the cloak till then; I never moved from the compter till they sent for a constable, I have no witnesses now.

Prosecutor to Prisoner. Where is the pretty creature that came with you?

Court to Prosecutor. That insult to a person upon trial for her life does you no credit, it is not proper nor humane.

Court to Jury. I cannot, but remark, I think it my duty to remark upon the conduct of Mr. Steel, that it is such as does him no credit, and such as would not give force to his testimony, if the proof of this robbery depended on his single testimony, for there appears a degree of invetracy in him, which is very improper in any prosecutor; for prosecutions ought to be conducted for the sake of Justice alone, with the feelings of humanity; but the testimony of Mr. Steel, is supported in every particular, by another witness, who lays under no imputation: the facts therefore certainly press strongly against the prisoner.

GUILTY, Of stealing to the value of 4 s. 10 d .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]