156. MARY CUMMINS , otherwise FORBES proceedingsdefend , was indicted for feloniously stealing, on the 1st day of January , forty-nine yards of thread-lace, value 49 s. andone hundred and nine yards of silk ribbon, value 40 s. the property of Robert Dyde proceedingsvictim , privily in his shop .

ROBERT DYDE < no role > sworn.

I live in Pall-mall ; I keep a haberdashers shop ; the prisoner came to my house on Monday, the 1st of January, under the character of a country shop-keeper, to purchase a quantity of goods, which she was to pay ready money for; I desired Isaac Smith < no role > , one of my shopmen, to wait upon her; I went into the back shop; she stopped in my shop, to the best of my recollection, near an hour; and during that time the shopman came to me, and told me he suspected the woman from her actions to be a shop-lifter; he said, he believed he had missed two or three pieces of ribbon off the counter, and that the prisoner had got them; I told him to go back and wait on the prisoner as before, and I would send for a constable; I accordingly sent another person for a constable, and ordered the constable to wait at the door till she went out of the shop; she went out of the shop half an hour after; she was an hour, or an hour and a half in the shop; she looked out a parcel of goods that amounted from the appearance of them, from seventy to one hundred pounds; when she went out of the house, I sent the shopman after her to bring her back, and the constable took her up stairs; as there were several ladies in the shop at that time, I did not wish to create any confusion in the shop; I was present when she was searched, and the constable found upon her a card of lace, and seven half pieces of ribbon, and a remnant of about ten yards; the whole of the ribbon was one hundred and nine yards, or something more, I believe; I saw them taken from her; she was taken to Justice Hyde's; I went there; the constable attempted to search her, and she took the chief of them out of her pocket, and begged we would let her go, and not expose her; the thread-lace is one shilling a yard, and the ribbon is worth about five-pence a yard; the value of the ribbon is four pounds nine shillings; she was committed.

Did she tell you who she was? - She first said her name was Forbes, but before the Justice, she said her name was not Forbes, but Cummins; I do not recollect seeing her before; but when she came into the shop, she said she had been in the shop a year ago, and bought a parcel of goods, and paid ready money for them; and one of my clerks says, he recollects her; nobody came with her or after her as I can recollect; nobody appeared connected with her, or belonged to her; she passed entirely, and acted in looking out the goods, as a woman that knew business exceeding well.

ISAAC SMITH < no role > sworn.

I am shopman to the last witness; the prisoner came to our house, on the 1st of January; I was to serve her; she first of all wanted something in the millenery line of one of the ladies in the back warehouse; on returning out of the room, I asked her if there was any thing I could serve her with; she said she wanted several articles in the haberdashery line, she kept a shop at Winchester; she said first ribbons, she looked out a considerable quantity; I turned to reach a different colour that she wanted; and when I turned back, I missed some pieces off the counter; I had every reason to suspect the prisoner guilty, there not being another customer near me at the time.

What did you miss when you turned back again? - Two half pieces of ribbon; nobody was near but her and me, except two or three of the servants in the shop that were passing and repassing; I did not find the colour that she wanted; I informed her I would look into the drawer of cut ribbons; I reached that out, and she fixed on the colour that she wanted.

Did you see her take any thing? - I cannot positively say I saw her take any thing, but I thought I saw her put something into her pocket, which I took to be the end of a ribbon block, which is thewhite paper put over the end of the ribbon; she fixed on two or three different colours of ribbons which she liked in the drawer, which were cut; I informed her if that was not a sufficient quantity, I would get her a piece of the same, she said she would take what there was of them; I then went and informed my master that I suspected her; I immediately left him and went and shewed her more pieces of ribbon.

Did you then tell him you had seen her put something in her pocket that appeared to you like the end of a ribbon block? - I did not.

But are you sure that you saw it? - I am sure that I saw it; after I had done serving her with some ribbons, she asked to look at some lace, and I shewed her two or three different drawers, and she looked out a very considerable quantity to a very considerable amount; they were not measured; after she had looked out what lace she wanted, she said, I will not look out any more now, can you measure these things over now while I am here; I said it will take some time to measure them; she said if you will be so obliging to do it immediately, I will call in the course of two hours, and I beg you will have a bill made out of the lace and ribbons, and to mark the ribbons that I may know what to sell them for, and the lace likewise; she begged I would not delay any time, as she was under the necessity of returning to Winchester that evening; this was the morning of the first of January; I cannot say the hour; she begged I would get them all ready to pack up in a chest, and get the chest ready, and a bill and receipt, and she would pay for them on her return, I then suffered the prisoner to go out of the shop; after she had got about eight or ten yards, I went after her, and told her that there was some part of the ribbons that I was not sensible how she would have them charged; I begged her to come back and tell me; she came back, and I desired her to walk up stairs in the dining room; and the constable went with me; immediately upon her entering into the room, she took from under her cloak, upwards of forty-nine yards of lace, a large card, I saw her take it from under her cloak; I did not see her take any of the lace in the shop, and I had not the least suspicion of her taking it: at the time she took the lace from under her cloak, she was amazingly confused; I begged she would put her hand in her pocket; the constable was then present, and pulled out the ribbons which she had taken of Mr. Dyde's property; she pulled out all I believe she had.

Did she say any thing? - She was very much confused, and hoped we would not expose her; she delivered up the whole of the property that she had in her possession, and begged we would let her go; she was immediately taken to the Justice's where I was present; she was examined there.

Was that examination taken in writing? - Yes.

Had you ever seen her before? - Never in my life to the best of my knowledge.

Were these pieces of ribbon and the lace together? - She had them in her possession.

Were they in the same drawer? - No, they were in separate drawers; she looked them out separately.

Did you see her take any of them out of any of the drawers? - She took them, I imagine, from off the counter after she had looked them out of the drawers.

Were they all upon the counter at the same time? - She had not done looking out the whole of the ribbons before I missed some.

Did you shew her the lace after she had done looking out the ribbons or before? - After.

THOMAS RICHARDSON < no role > sworn.

I am the constable; I was sent for to Mr. Dyde's; when I came there the prisoner was in the shop; the shopman ordered me to wait at the door; I waited at the door a considerable time; when she came out of the shop, and Mr. Smith followedher, and he and I brought her back again; we took her up in the dining room, and in searching her I found this piece of ribbon, and the lace; I stripped her almost naked, as far as decency would permit; I searched her; the first pull I made, was getting the lace from under her cloak; some she pulled out, and some I took out of her pockets; the lace and ribbons have been in my custody ever since.

(Produced and deposed to.)

Smith. I know the whole of them to be my master's property by the private mark; except two half pieces of ribbon which are not marked.

Was it the seeing her have the end of the block in her hand as you thought, that gave you the suspicion? - No, I suspected her from missing two pieces of ribbon; I did not see her take the lace; I had not the least knowledge of her having it in her possession.

Was what you saw any thing wrapped up in paper? - It was like the paper at the end of a piece of ribbon, her hand was over it.

Could it be the lace? - No.

Prisoner. I have nothing to say in my own defence; I rely on the mercy of the Court and Jury.

Have you any witnesses? - Nobody knows any thing of my situation.

GUILTY , Death .

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