157. MARY ATKINSON proceedingsdefend was indicted for feloniously stealing, on the 8th of January , four yards of printed cotton, value 12 s. the property of Richard Birchall proceedingsvictim and Henry Wilding proceedingsvictim , privily in their shop .

RICHARD BIRCHALL < no role > sworn.

I am partner with Henry Wilding < no role > ; on Monday last, between the hours of twelve and two, a man came with a remnant of printed callico, wishing to know whether it was our's; I told him it was our's; I knew it for several reasons, by the pattern, the quantity, and a particular mark which was on it; the young man took it back; I saw no more of it till I saw it at Justice Hyde's; on the same day, I believe about two, I saw the prisoner, where there was taken from her by one of the runners at that office, a quarter of a yard of Irish, which she had bought at my shop that morning.

Was it in your presence? - Yes.

WILLIAM GATES < no role > sworn.

I live with my brother, the corner of Leicester-square ; the prisoner about Monday last, the 8th of January, came into our shop; our young man waited upon her; I suppose she staid there a quarter of an hour; as she was going out of the door I perceived at the window from the door when she opened it, something under her cloak, that I thought appeared rather large; I immediately leaped from the counter and pursued her into the street, and stopped her, three doors distance from our door; I told her I suspected she had something more than was her own; she immediately said, she had no goods belonging to us; she immediately came back with me, and when she came into the shop, I looked withinside her cloak, and she pulled out this piece; I sent to enquire whose it was; mean while he prisoner made a stroke at some boys that were playing, and she ran away; she was overtaken in Bear-street, and taken to Justice Hyde's; I gave her to the care of the clerk, and on returning home I found it belonged to the prosecutor.

(The piece produced and deposed to by Mr. Birchall.)

Gates. I know it by a figure.

Mr. Peatt, Prisoner's Counsel. I presume you know you have lost a piece of that quantity? - Most certainly.

But you do not know it by a deficiency of stock? - We have not taken stock since.

Is that figure that you say you know, a small figure? - Yes.

Can you swear to a small figure on a piece of cloth? - Yes.

WILLIAM WATERS < no role > sworn.

I belong to Mr. Hyde's office; I searched the prisoner, and found a quarter of a yard of cloth in her pocket, which the gentleman said, she bought of him; that is all I know.

WILLIAM LLOYD < no role > sworn.

I am shopman to Mess. Birchall and Wilding; I served the prisoner with a quarter of a yard of Irish the same day; I cannot swear to the piece; I am sure of the woman; as to this piece of callico I have seen the pattern at our house; there is not the least doubt but it is theirs.

Do you know that that is their property? - I cannot say, because I did not see the woman steal it.

THOMAS HOWELL < no role > sworn.

I was shopman at the prosecutors a week preceding that time; I had left him just before.

Was that piece of callico when you left the shop Mr. Birchall and Wilding's property? - To the best of my knowledge it was; I measured it the week before; this is my mark; but I do not know whether it continued in the shop after I left it.

Mr. Peatt. Could you have known that to be your masters property, if you saw it at another shop in turning over a multitude of pieces, without any impression of a theft on your mind? - In all probability there might be more of the same.

BENJAMIN TANKED < no role > sworn.

I am in the prosecutor's shop; I know this piece of printed callico perfectly well.

Is it your masters property? - Yes, I believe it is; I know it by the pattern; this was the only piece of the kind we had in the house when we took stock.

How lately before the time it was taken away had you seen it in the shop? - Not more than half an hour, I had it in my hands; I do not know that any body was in the shop before I missed it from that spot, except William Lloyd < no role > ; I believe I was in the shop during the whole of that half hour; I did not sell it to any body; there was nobody in the shop but the prisoner, till the remnant came from Mr. Gates's.

Lloyd. It was upon the counter when the prisoner came in; I cannot say what part of the counter; I observed it about eleven or twelve o'clock.

How many persons might come into the shop from the time you saw it to the time you served her with the Irish? - There might have been some.

Prisoner. I leave it to my counsel.

GUILTY , Death .

She was humbly recommended to mercy by the Jury.

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