708. ELIZABETH HOLMES proceedingsdefend was indicted for feloniously stealing, on the 11th of October , ten yards of worked muslin,value 5 l. the goods of Meeson Schooley proceedingsvictim , in his dwelling house .

HENRY COCK < no role > sworn.

I live with Mr. Schooley, in Coventry-street . On the 11th of October, about a quarter past three in the afternoon, the prisoner came into the shop; I had seen her several times before; she said she wanted to look at some printed cotton for a gown; we suspected her; I fixed myself in such a situation in the shop, as to observe the whole of her transactions; she had a gown cut off, and paid for it; then she said she wanted a muslin handkerchief; and while the young man's back was turned to look for the handkerchiefs, the prisoner threw down the piece of muslin in the indictment, on the floor, from the counter, ten yards of worked muslin; and she brought it under her petticoat with one of her feet; she was sitting down; then she put her hand through her pocket-hole, as though feeling for her money; and with that hand she drew it under her petticoats; she then said the muslin handkerchief was of no consequence, she would pay for the gown; which she paid fifteen shillings for, and went out of the shop; the muslin cost Mr. Schooley eight pounds ten shillings, as near as I can judge; I was on the stairs that lead into the warehouse, at the back of the shop; her face was towards me; she could not see me; I was almost at the top of the stairs, and looked over a corner of the bannisters; she went out of the shop; I followed her, and brought her back; and she attempted to go to the place where she had stolen it from, which I prevented, and made her sit down in a part of the shop that was perfectly clear; I sent for a constable; she was much agitated, fainted away, and said it was her first offence; she got up five or six times; I set her down as often; at last she got up again, and making a stride or two, she dropped the muslin from under her petticoats, at the distance of about a yard; and I took up the muslin immediately, and it felt very warm; this is the muslin; I know it to be the prosecutor's, by the mark which I put on.

Mr. Garrow. I will only ask you, after the last observation that you made with a smile, whether you know that this case affects the life of the prisoner? - That is not material; I have told nothing but the truth.

You mean to state to the jury that it is immaterial. I ask you, at the time that you made not a very decent nor a very pertinent observation, you knew that this case affects the life of the prisoner? - I do not know; I am not sure that I do.

Do not you know that this is an indictment calculated to affect her life? - It may be.

Do not you know that it is? - I do not understand that it is so.

Do you expect a jury more likely to credit you, when you declare that it is immaterial to you, whether the woman is to be executed in consequence of your evidence, or not? - I understood it was transportation.

You understood so? - Yes.

JOHN HOWARD BAILLIE < no role > sworn.

I live with Mr. Schooley: I saw the woman taken into the shop, and saw the muslin immediately as it had fell; I did not see it drop from her.

GUILTY, 39 s.

Imprisoned twelve months , and fined 1 s .

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