331. JANE WHITAKER proceedingsdefend was indicted for feloniously taking away with intent to steal, on the 3d of March , two copper pots, value 5 s. a copper saucepan, value 2 s. a pair of linen sheets, value 3 s. a linen pillow-case, value 1 s. a flat-iron, value 6 d. the property of Alexander Hamilton proceedingsvictim ; the said goods being in a lodgingroom let by contract, by the said Alexander to the said Jane, to be used by her .

ALEXANDER HAMILTON < no role > sworn.

I live in Barrat's-court, Manchester-square ; the prisoner lodged in my house, she took the lodging, there was a man came the same day, after she had taken it, who passed for her husband; on the 29th of February, I had her taken up on suspicion of having lost some things, the man was gone away three days before; I got a constable, and went and knocked at the door several times, she was in bed; at last, she got up, and opened the door, and we went in, and all the things mentioned in the indictment were gone out of the room, except the bed and some of the bedding; the constable asked her, what was become of the things? and searched her pockets, and found twelve duplicates of my things in her pocket; she acknowledged she had sold the sheets.

From the prisoner. Did not you break the door open? - We did not.

CHARLES ELLIOT < no role > sworn.

I am a constable; I went to her room, and knocked at the door, not answering, I went up to Hamilton, and told him the door was locked; he came down, and knocked several times, at last, she got up and opened the door.

Did you break the door open? - No, I searched her pockets, and found twelve twelve duplicates; she acknowledged to me she had sold the sheets; I took her to the watch-house, and the next morning, I went to the pawnbroker's, and found the things.

Prisoner. You know the door was broke open? - It was not.

WILLIAM BAKER < no role > sworn.

I am a pawnbroker; I took in this copper pot of the prisoner, (producing it) on the 27th of February; she pawned them in the name of Whitaker.

JOHN NEALE < no role > sworn.

I am a pawnbroker, this saucepan and flat-iron (producing them) were pledged with me by the prisoner, the 22d and 25th of February; she pawned them in the name of Whitaker.

(The things were deposed to by Elizabeth Hamilton < no role > the wife of the prosecutor.)

PRISONER's DEFENCE.

I never took any thing out of the house but what Mrs. Hamilton sent me with; her husband was going to send her to the work-house for being continually drunk; I pledged them in my name, because she said, if Mr. Hamilton knew of it, he would murder her, that is true, as I stand before God; the things I sold, were things of my husband's; I never sold any thing of Mrs. Hamilton's in my life; I am innocent of what they charge me with; she said, she had twenty-four or twenty-five shillings of a milk-score that her husband knew nothing of, and she sent me with the porridge-pot to make up the money; as to the sheets, they were taken off the bed and lay on the dresser to be washed, when they took me.

To Mrs. Hamilton. Is any part of this story true? - Not a single syllable.

Did you ever desire her to pledge any thing for you? - Never.

To the prisoner. Did you set up this defence before the Justice? - I did; she acknowledged before the Justice that I pawned two gowns for her.

To Elliot. Was you at the Justice's when the prisoner was examined? - Yes.

Did any thing of this pass? - No.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.