155. ANN JOHNSON proceedingsdefend was indicted for feloniously stealing, a bedstead, value 21 s. a feather-bed, value 4 l. a bolster, value 10 s. two pillows, value 10 s. three blankets, value 21 s. a deal box, value 3 s. a mattrass, value 21 s. twelve mahogany chairs, value 3 l. 12 s. a carpet, value 4 l. five mahogany tables, value 4 l. an iron stove, value 20 s. an iron fender, value 6 s. an iron shovel, value 2 s. a poker, value 1 s. a looking-glass, value 50 s. two pair of tongs, value 2 s. two iron shovels, value 3 s. a dressing glass, value 30 s. a tent bedstead with linen furniture, value 20 s. a feather-bed, value 20 s. a bolster, value 5 s. a mattrass, value 10 s. six blankets, value 30 s. eight bed-quilts, value 4 l. a woollen bed-rug, value 1 s. six chairs, value 6 s. a deal table, value 6 s. an iron coal-skuttle, value 1 s. a wooden pail, value 8 d. and two deal ironing-boards, value 4 s. the goods of Hannah Sowersby proceedingsvictim , widow, in her dwelling-house , January 4th .

HANNAH SOWERSBY sworn.

Where did you live on the 4th of January? - No. 1, Penton-place, near Islington .

Did you see Mr. Leach there that day? - Yes.

He had been your landlord in Duke-street, Manchester-square? - Yes.

How long had you lived there? - Six years; he came in, in a great deal of trouble.

What time did he come? - About twelve o'clock the 4th of January, he came to settle with me about a quarter's rent due to him from me at Christmas; he asked for the rent, Mr. Phipps told him he should not come into the house, for he would dash his brains out if he attempted to come into the house; Phipps said, he should not be paid; I told Phipps he should have his money, I would sell some of my goods to pay him, and not to distrain for the money.

He had talked of distraining? - Yes.

Was he agreeable to that mode? - Yes, he was agreeable to take it in any way I could settle it.

Did he continue there any time after this? - He was there till about three o'clock in the afternoon.

Who was present in the room when you had this conversation with Leach? - The prisoner at the bar.

Did any thing remarkable happen to Leach that afternoon? - He was arrested about three o'clock, and taken out of the house; Leach refused to go; he said, he owed nothing; Phipps went out and double locked the door, and sent people into the house to take my things down; I went up, and said, they should not be taken down, for I owed Phipps nothing.

How do you know who sent the person into the house? - Phipps put him into the house and double locked the door; he went out and returned with the patrol; then they began to take down the things.

Did Phipps lock the door? - Yes, when he went out to get the cart, he put the patrol into the house, and then went for the cart; while he was gone, they went to take down the things; I opposed them all I could.

Where was you while the goods were taken down and put into the cart? - I was locked in the fore parlour, who locked me in I cannot tell.

Who let you out? - A friend of mine came from Islington; I made a noise, she went for somebody and they let me out, that was about an hour after I was let out; the goods were all in the cart; I sent a man after them to watch them; Mrs. Johnson, the prisoner, beat me, and used me very ill, because I sent a person to watch the cart; she said, I had no right to send any person after the things; they were all theirs.

Who did you understand by theirs? - Phipps's and her's; and she swore I should not have a bed to lie upon, and if I attempted to go out of the door, she would murder me, and took up a large carving knife, and said, she would cut me up directly; she repeated her blows, and knockedme down into the fire-place; I begged of her not to make a noise to alarm the neighbours, nor to quite murder me, that it would be of no use; she swore to God she would, she did not care for any body; she cut my mouth, it was all of a gore of blood; the patrol found me in that condition.

Did you ever find the goods afterwards? - Yes, in Temple-lane, No. 9, some of them are here now? - When did you find them? - On the Saturday; they were in Phipps's chambers, in the hands of the treasurer of the Temple, for rent.

Mr. Fielding. I take it for granted, you are no stranger to Phipps? - No, I have known him a great while.

He has done a great deal of business for you? - No; he used to come to my house; I never owed him any thing.

Did not he come to your house with an execution? - Yes, for sixteen pounds; it was brought to my house in Penton-place.

How long had you left the house in Duke-street when the execution was brought? - The night I came into the house.

How was that execution settled? - I gave a warrant of attorney to Phipps to pay a guinea a month, and he discharged the officer.

In order to settle it, I believe the goods were taken as a part? - Yes, from the other house.

Did you offer him any money? - No.

You gave him some of the goods? - Yes.

How came he to be satisfied with goods to part of the amount? - I do not know, he did not choose to strip the whole house.

Did not you acknowledge your obligation to him for taking only part of the goods? - Yes, but I did not owe him any thing when he put the first execution in, Phipps had the key of my former house a fortnight before, and would not give it up.

Did you tell your landlord Leach, where you was come to? - Yes.

What did you owe Leach? - A quarter's rent, eleven pounds five shillings, which would be due at Christmas.

Leach wanted to distrain your goods in Penton-square? - Yes.

Did not Phipps claim the property in consequence of this as under the execution? - Yes.

These were the same goods that he might have taken when he came with the execution? - Yes.

Phipps having a claim on the goods and there being nothing to affect the prisoner but having some connexion with him, the Court directed the Jury to find the prisoner not guilty, without going any farther into the evidence.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron THOMPSON < no role > .