689. MARY WHITTLE proceedingsdefend was indicted for stealing, on the 26th day of August last, one pair of linen sheets, value 6 s. a woollen bed-gown, value 6 s. a tea-kettle, value 4 s. an iron pot, value 1 s. the property of William Grace proceedingsvictim , in a lodging room .

WILLIAM GRACE sworn.

I live in East Smithfield . The prisoner and her husband came to lodge with me about the beginning of June last, in the first floor; she staid with me about two or three months; they paid half-a-crown a week; it was a furnished lodging; her husband was constantly with her till they went away.

Court. It is unnecessary to go any farther; because if the husband was constantly with the wife, up to the time of the felony being committed, the presumption of the law is, that it was either done by the husband, or by the wife, under the coercion and command of the husband.

NOT GUILTY .

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