403. ELIZABETH GOLDSMITH proceedingsdefend was indicted for feloniously assaulting Elizabeth Cockburn proceedingsvictim , on the king's highway, on the 1st of June , and putting her in fear and danger of her life, and feloniously taking from her person, and against her will, one check apron, value 1 s. one silk bonnet, value 1 s. and 14 d. in money, her property .

ELIZABETH COCKBURN < no role > sworn.

Between the last of May and the first of June, about half after one in the night, I was going out on some family business for my master, and I met with this unfortunate prisoner and she asked me to treat her, which I did.

Did you know the prisoner before? - To the best of my knowledge I never saw her; I met her a little on this side a place called New-gravel-lane; she asked me to give her something to drink, and it being late, I took pity on her, and gave her something to drink; I took her to a public house, and we had each a glass of gin, and then we went out of the public house; I paid for the gin; we went on together for a good way, till we came to the place called the Match-walk ; then she seemed to stop me, by way of crossing me; I seeing her a stout, sturdy body, being late in the evening, I did not date to refuse her; there were little or few words; what passed I cannot, in conscience, mention, but she stopped me, and untied my apron, then she took off my bonnet, then she rifled both my pockets; I do not know whether she rifled my right or left pocket first.

What did she take from your pocket? - As near as conscience will give me leave to speak, about 14 d. I then went home; I was in hopes to find her on Monday; I am but a poor woman; I could put nothing in force against her; I went back from her; I could not go any further with her; I was going to London-street with her; I cannot recollect the words-that were said; I think I told her I was a Welch woman, and she was going to rob me; to the best of my knowledge, I never saw her before; I can give but little account, but I think she seemed rather in liquor.

How came you to go along with a strange woman to give her gin? - I did it out of pity.

There was no pity in giving a drunken woman gin you know? - There are two apprentices in the family where I live, and they had had words and were gone out; one was a resolute boy, and I went in search of him; the apprentice boy was brother to my master.

Was your master at home? - Yes.

Had you taken any steps to find this woman? - I had searched at several places; I only wanted my property of her; I found her at one Mr. Anderson's, a public house by Smithfield; I do not know the sign; when I saw her there, I did not know her immediately; when I went in, on her speaking, I immediately knew her voice; I said, you took my property; she turned about, and said, me, Madam; I said, yes, my dear, you to be sure; I went to get a watchman; when he stopped her, she attempted to run away, but he took her to the watch-house.

What time was it that you took her? - About half past ten in the evening; she said charge for charge, which I did not understand then; the officer of the night detained me two nights and a day with her in the watch-house; I was taken before the justice; there I gave the same account as I have here, and she was committed to prison; I am sure as far as conscience will permit me to speak, it is the same person.

Are you quite sure of it? - I am sure it is the same person that took the things from me in Match-walk; when first I saw her, when I took her, her back was towards me; I did not know her, but by her voice; but when she looked over her shoulder, I knew her.

Was you quite sober when you came out of the public house? - I was quite sober, and quite sensible; I would not belie my conscience for the world; I had drank a little in the course of the day, but nothing to hurt me; I was truly sensible of what I was doing; I cannot recollect any words she said when she took the things; she was a strapping sturdy body to me; and I am rather of a faint spirit; and there was nobody in the street that I could see.

Prisoner. Am I the person that took your property? - Yes, my dear, you are.

Oh! do not say it? - Yes, but I will fly it.

ELIZABETH THOMPSON < no role > sworn.

My brother is a pawnbroker, and I serve in the shop for him; the prisoner came the 3d. of June, with this checked apron; she said it on the counter, and asked me to give her a shilling; I told her no, she might have 9 d. she took the 9 d. I gave her a duplicate and she went away; the prisoner has used our shop a considerable time; I am sure it was her; this apron has been in my custody ever since.

(The apron deposed to)

Prosecutrix. The apron has been out of my hands four weeks; I cannot swear to it; but it is pretty much like mine by the appearance of it.

MARIA CHARLES < no role > sworn.

The prisoner told me she had a bonnet to sell; it was Thursday or Friday I am not sure which; after this woman said she was robbed; and I told her our people did not want such a thing; I knew her before; I never knew her to be guilty of such a thing; I gave her a shilling for it; it is here; about a week after I heard she was in custody.

Who are your people? - The people of our house where I live.

JOHN MAYNE sworn.

I produce the duplicate of the apron, which I took out of her pocket before the magistrate.

WILLIAM WHITEWAY < no role > sworn.

While the prisoner was under examination before the magistrate, information was brought to me that she had sold a bonnet; I went and found that woman out; she delivered it to me; it was taken to pieces when I got it.

Court to Mrs. Charles. Was it taken to pieces when you bought it? - Yes.

Prosecutrix. When she took it from me it was sit to wear, now it is cut to pieces it is impossible to swear to it.

JOHN SERJEANT < no role > sworn.

Between eleven and twelve I was walking to and fro by my box; I am a watchman; it was last Saturday was a fortnight, and a woman called, watchman, stop that woman, she has robbed me; I immediately stopped her, and took her to the watch-house; she was running as hard as she could when this woman called to me; they charged one another at the watch-house.

PRISONER's DEFENCE.

On Saturday month coming up Angel gardens, I met the prosecutrix very much testicated in liquor; she fell into the kennel; I helped her up; we went to the house and had a quartern of gin; I laid her down on the step of the door she was so much in liquor; I believe it wanted about a quarter to twelve; I could not get in; coming back again I saw this woman sitting; she asked me for a lodging; she said, says she, take care of my bonnet, but the apron is not hers; I found she did not come, and I sold it to that woman for one shilling unpicked; as to the Match-walk, my lord, I never was there; I was down between Angel-gardens, and Old-gravel-lane.

GUILTY , Death .

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