126. ANN HARNEY proceedingsdefend and ANN JACKSON proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of Edward Cockerill proceedingsvictim , aboutthe hour of four in the night, on the 19th of December , and burglariously stealing therein, one large printed book, called the Holy Bible, value 40 s. one silk bonnet, value 2 s. one woollen cloak, value 5 s. one linen bedgown, value 6 d. one shift, value 12 d. three ruffled shirts, value 3 s. one plain shirt, value 12 d. three caps, value 18 d. two check aprons, value 18 d. one other ditto, value 12 d. three pair of stockings, value 2 s. two table cloths, value 12 d. five pounds weight of beef, value 12 d. eight pounds weight of bread, value 6 d. the property of Edward Cockerill < no role > the elder; one gown, value 2 s. the property of Betty Cockerill proceedingsvictim , spinster ; one penknife, value 1 d. the property of Edward Cockerill proceedingsvictim the younger; one pair of breeches, value 2 s. two pair of shoes, value 5 s. the property of William Selby proceedingsvictim , in the same dwelling house .

A second Count, charging the prisoners with stealing the same things, and burglariously and feloniously breaking the said dwelling house, to get out of the same.

EDWARD COCKERILL < no role > , the elder, sworn.

I live at No. 1, Curtain-row, Moorfields ; I am a chair-maker ; I am a housekeeper; my house was broke open either the 19th or 20th of December last; it was day-light when it was discovered by William Selby < no role > ; he alarmed me; he was left without clothes; I immediately got up; it was about eight, or a little after, when he alarmed me; I missed the things in the indictment, from every room almost in the house, from the drawers and trunks, and from the bedsides; our family consists of about seven; one of the prisoners was a journeywoman to me; as near as I can think, I never saw the other before; I saw no appearance of any breaking; I believe the prisoners were concealed in our room, for we missed something out of our own room which we bolted over night; and our door was fast in the morning when I got up; I think the things must be gone before I went to bed; a boy fastened the house; I saw them all fast; the doors were bolted and locked, and the windows were all fast in the morning; they have all shutters; we lost a bible which was in the little parlour; the bed-gown I know, and can swear to; most of the linen was missing from the kitchen, and the bread and meat from there; I saw it there when I made the doors fast, between twelve and one; what we recovered, we found on both the parties; on Monday morning early, we found the two prisoners, and some of the things were in the old lady's apron; we found her in Turnmill-street; that is the prisoner Harney; she was brought into a public-house where I was; she had in her apron, a gown, apron, and cap; I would not willingly swear to them: the prisoner Jackson was found by the direction of Harney; and she was brought to me at the same place; she had a bed-gown on that is remarkable, and I can and will swear to it.

Prisoner Jackson. What cause of suspicion had you against me, when you first took out a search warrant against Mr. Bugg and his wife? - Because they told me you had the property.

Mrs. COCKERILL sworn.

In the morning when my boys came to get up they missed their shoes and stockings; the back door was open; I got up immediately, and found the house had been robbed; my bonnet and cloak were gone, which hung on a nail, in the kitchen, and my stockings and a new pair of shoes, from the drawers, four shirts and a shift, and all the things that were down there, and many more; the washerwoman brought home my things, and amongst them a wrong table-cloth; they were all gone; we went to bed between twelve and one; I know Ann Jackson < no role > , by working with us a year and a half, or two years ago; I have great reason to believe she was in the house the night before; on Saturday night my husband reckoned with the men in the kitchen, and we were all below, and the door stood open; and I lost a gown out of my room before we went to bed; because Ibolted the room door myself, and unbolted it in the morning; I saw them on Monday, but not till they came before the justice; and there was produced a printed linen gown, which I bought about seven years ago; it was lost out of my room; I can swear to it; this is a cap, which I swear to, pieced in the crown, and a border of another sort, this was lost out of a drawer in the parlour, I put it in myself; the washerwoman brought it home; this bonnet I swear to, it hung in the kitchen; the cloak is not found; the bed gown was on the dresser, but it had been mended by a person the day before; I saw it mended, and found the stuff; nothing else was produced before the justice, but an apron and a penknife; I do not swear to them: I should be very sorry to have the woman hanged, and yet I am in danger.

Prisoner Jackson. Is not your house publick for one or two and thirty people? - I do not say but our house is publick, to be sure.

Equally so; the same as the most common publick-house: and left open at all hours in the night, for the reception of your sons? - No such thing; the doors are never left open after we go to bed.

WILLIAM SELBY < no role > sworn.

I was in the house: the first things I missed in the morning, from my bed side, was my breeches, stockings, and shoes; I slept up two pair of stairs with Edward Cockerill < no role > ; I went down in the kitchen, and found two of the doors open, one door goes out of the kitchen into the necessary, the other out of the necessary into the yard, and there are two large gates that go out into the street; I did not look to those gates; I saw the meat and the bread gone; then I went to my mistress and told her; and I saw the drawers open: I went to bed between twelve and one; I went before my master.

Court to Cockerill. How were those doors? - They were fast; the gates that go into the yard were found open, I understand.

RICHARD STAINES < no role > sworn.

I am an officer: I had a warrant against Bugg and his wife; we found nothing in their apartment; they said it was Ann Jackson < no role > ; I took the prisoner Harney, Mr. Cockerill's son and me followed up two pair of stairs, at No. 4, in Turnmill-street; one had something in her apron, she sat down, and Jackson was in the room; I asked Harney what she had in her lap; she said, nothing; I said, let us see, and there was this apron, that gown, and a cap; young Cockerill said, this is the apprentice's apron; we took them, and I searched Jackson, and found a penknife in her pocket; and this white bed gown she had on her back; and this bonnet lay along side of her; she immediately said the bonnet was her own; before the justice Mrs. Cockerill swore to it.

EDWARD COCKERILL < no role > sworn.

I am sixteen. I know this knife; I am sure of it; I told the constable the marks of it before; but it is not mine; it is my brother John's.

Cockerill, senior. I know the knife; I had it a month.

Selby. I know this apron by a hole I made in the corner, to put a string through; I am sure of it.

Mrs. Cockerill. I have seen the boy with such an apron.

JOHN BUGG < no role > sworn.

Mr. Cockerill came to me, and suspected Jackson; I went with him, and his son, and Staines; and found the prisoners, and the property.

You gave them some information, did not you? - So far, as where they lived.

They first had a search warrant against your house? - Yes.

How came they to suspect these people? - Because they said, they had robbed them before.

Did you know where they lived? - Yes.

At whose lodging was it? - I believe the old lady was the proprietor of the place.

Has Jackson < no role > a husband? - I believe so; I have often heard her say so.

Did she live with her husband? - No.

Do you know where she lodged at that time? - To the best of my knowledge with this old lady.

Was it not you that gave them the first intimation that these prisoners had some of their property? - I could not tell that they had.

What did you tell them? - I told them so far as this, when they came to search my place, they had no search warrant; I gave them liberty to search; I knew myself innocent, and I said, I cannot think how you came to imagine any such thing; says he, I have not any suspicion Bugg of you; but you need not think much of it, for we have served other people the same that work for us; I worked for him at the time; then my wife said, I do not know why you should take him to gaol; and my wife said, she thought Nan Jackson < no role > was the person, it was not me, I did not think of her.

PRISONER HARNEY's DEFENCE.

My husband has been very bad these twelve weeks, and I went on the Monday night; I had some chairs to bottom; I carried them home on the Monday morning, and I said to my husband, now this money must go for rushes again; I went to buy some rushes, and the man gave me sixpence; I thought to get half a peck of coals, three farthingworth of tea, three farthingworth of sugar, a halfpennyworth of bread, a halfpennyworth of butter, and three farthingworth of balm; and Sir, I went home with it, and my husband said Nanny, come hither; I went to the bed-side, says he, Bugg has brought you a gown to mend; says I, I am not going to mend her gown; I had the gown under my arm; I went to the place where she lodged; I told her I could not mend it directly: that gentleman came up stairs and said, what have you there; I said nothing to you; I shewed it him directly, says he, it is not yours: well says I, she left at my room; I am a poor woman, but honest to the back of me; I did not undo it, if a cap and apron were there, I did not know it.

Then it was not in your lodgings where they found you? - No Sir, it was this woman's lodging; me and my husband lodge in Castle-street, Great Saffron-hill; this was in Turnmill-street.

Bugg. I believe she does live there; I was up at the place where her husband was ill.

Prisoner Harney. I could not send to any body.

PRISONER JACKSON's DEFENCE.

She certainly tells the truth, she had the things from me about nine in the morning; I was going to work; I met with an old woman, and bought that bed-gown and bonnet, and apron; I gave half a crown for them; they were mere rags; I carried them to her husband for her to mend them, some time after; about eleven she came up to me with the apron; I took no notice; she sat down, and Mr. Staines and John Cockerill < no role > came into the room; I certainly knew John Cockerill < no role > , and I said, John, how do you do? he said, we want you; Mrs. Bugg had been taken up about three weeks before for a robbery.

Court. But the bedgown was on your back? - Yes, I bought all the things at that time.

How came you by the pen knives? - We have a mode of stealing penknives and pegs to finish our our work; we make no point of that at all; I worked for Mr. Cockerill at this time; this woman collected work for me to do: I have nobody to speak for me; if it had not been that Mr. Owen and one or two that knew me; I should have been quite destitute: I am quite entirely friendless; I must entirely trust to the mercy of the Jury, for I have no money.

ANN HARNEY < no role > , NOT GUILTY

ANN JACKSON < no role > , GUILTY Death .

Tried by the second Middlesex Jury before The Lord CHIEF BARON.