393. WILLIAM CLIFF proceedingsdefend was indicted for stealing, on the 12th of April , thirty-nine yards of white thread edging lace, value 2 l. the goods of Judith Seymour Griffiths proceedingsvictim , privately in her shop .

Indicted in a second COUNT for stealing the same lace in the dwelling house of the same prosecutor.

JUDITH SEYMOUR GRIFFITH < no role > sworn.

I am a linen draper, haberdasher and hosier . On the 12th of April, on a Friday, about the hour of one, the prisoner came into my shop and desired to look at some silk handkerchiefs, which he did not approve of, he applied at this time to my servant, Ann Williams < no role > , but it was in my hearing; he wanted some other pattern; he then came to me to the other side of the shop, I was serving some costomers at that time, I shewed him the sort he asked for, he still did not approve of them, he said he would go and consult his mother; he went outof the shop and returned again in about a quarter of an hour, he then desired to look at some thread edgings; the drawer was put for him to look at, he put his hand into the drawer and made choice of one, and asked me if I could make him a shillingworth, to put to his handkerchief, to wear of a Sunday; I was then engaged with some other customers, I did not immediately answer him, but I stood before him with the drawer of lace; he desired to be shewn some coarse worsted stockings; my servant seeing him throw the lace about suspected something; I had spoke to her to serve them, and she did not serve him directly, and I asked her why she did not shew the stockings? after that my servant got the stockings for him, she looked at me, but I did not know the cause, after that he looked at the lace, and he said there goes my mother, and he ran out immediately; I saw no more of him; while he was in the shop he stood immediately before the drawer of lace.

Q. Was his mother a person known to you? - No. My servant saw him put the card of lace into his hat, and she told me when he was gone; I said, then why don't you go out after him? and she and her fellow servant, Daniel Haywood < no role > , immediately went out after him, and they all came back together, he was brought back presently; my servant, Daniel Haywood < no role > , produced the lace to me, and the lace has been in my possession ever since.

Q. What is the value of that lace? - About 39 s. the prime cost.

Q. How long might you have had it in the house? - About a month.

Q. How did you know it to be your lace when you saw it again? - Because I am confident to the pattern.

Q. Did you miss such a piece of lace? - I did; I went and looked immediately; there was no cards found, he had taken the lace off when I missed them; they were different pieces of lace on different cards, there was five cards brought back but only four pieces of lace; the cards had the private mark of the shop on, my own hand writing, with the letters M. D. and M. N. I missed eight cards of lace, I only recovered four, all one description of lace, the same sort, but different prices; I had about forty-eight cards of lace in that drawer.

Q. Do you know the quantity that were on the cards? - Yes, I know the quantity, I believe it is marked on the cards, I am not certain, but I believe it is.

Q. What was the quantity taken from the prisoner? - Thirty-nine yards; I am certain it is my lace.

Mr. Knowlys. You are a widow lady? - I am.

Q. Have you any person that has any interest in the business carried on at your shop besides yourself? - No.

Q. This Ann Williams < no role > was serving at this time in your shop? - She was.

Q. You was a good deal angry with Ann Williams < no role > that she did not immediately stop him, and give the alarm before he was out of the shop? - I was.

Q. She might have stopped him or gave the alarm? - She represented that she had seen the fact, and I was angry that she had not given the alarm immediately.

ANN WILLIAMS < no role > sworn.

I am a servant in the shop; I know the prisoner, I saw him come in and ask for some silk handkerchiefs, he asked them of my fellow servant, the boy Daniel Haywood < no role > , he shewed him some, and he approved of none, then he wished to have some with spots in them; then I shewed him some, and he said he did not approveof them, he said he would go and call at his mother's, and he went out and was gone about a quarter of an hour, then he returned in again, and asked to look at some edging for an handkerchief to wear, he looked at it and there came in a lady who asked my mistress to shew her some bonnets; my mistress then left the lace drawer before him; he said he would choose the pattern himself, and then he would give it her to cut off when he liked the pattern; my mistress left the drawer while she attended to the lady; he then looked at me and told me he wanted some strong stockings; I then was attending on two ladies, I could not attend him immediately, I told him I would as soon as I had waited on the ladies; I was keeping my eye on the drawer before him; my mistress said, why do not you get the stockings for the young man? I went then and got them down, says I, sir, here are the stockings you asked for; and turning in that moment I see him place a card of lace in his hat; I said, here is the stockings you wish to see; he then threw open the door and said, there goes my mother, and went out; I said to my fellow servant, there is that young lad has got a card of lace, and placed it in his hat; we went out directly after him, Daniel Haywood < no role > and I; we did not lose sight of him; we took him in Castle-court; we found nothing on him; he ran all the time we saw him; he ran into a house and down the stairs into the shop, it is a carpenter's shop where they work; we followed him and I took his hat off, and there was no lace there, and I saw some lace laying about a yard from him, loose off from the card; I think there was about nine yards of that found first; it was white thread edging lace; after that my fellow servant went back to the cellar to look for the cards, and he found a quantity more; I found the nine yards on the floor; I saw it there, about a yard from the prisoner, a gentleman picked it up and gave it Daniel Haywood < no role > in my presence; Daniel Haywood < no role > has kept these nine yards ever since.

Mr. Knowlys. The prisoner was not at first pleased with the handkerchiefs that you shewed him, and he left the shop, saying, he would go and ask his mother concerning the property of what he should buy; and then he went out and stayed about a quarter of an hour; did you afterwards see his mother? - No.

Q. It took him some time to go and consult this person whom he said was his mother? - He was gone about that time.

DANIEL HAYWOOD < no role > sworn.

I am a servant in the shop; I remember when the prisoner was in the shop; I did not see him take the things; he came in and asked to look at some silk handkerchiefs, and he went out and returned in about a quarter of an hour, and then he came in and asked to look at some edging; he said he wanted about a shillingworth; the one he chose was too fine, we could not make a shilling-worth of it; then he asked my fellow servant for some coarse worsted stockings, after looking for the stockings she happened to turn round and see him place a card of lace in his hat; I did not see that, my mistress desired me to run out, and I ran out directly, I pursued him up Castle-court and kept him in my sight till he went into a house; I followed him into the house, it was a carpenter's shop; he went down into the cellar; I went down after him; when I went into the house there was a woman coming up stairs.

Q. Did you see any lace on him? - No, me and my fellow servant went down stairs and she pulled his hat off, she found no edging in it; there was a man came down with us, he went about three quartersof a yard, as near as I can guess from the prisoner, picked up the edging and gave it me, I cannot say exactly how much the quantity was, the man picked it up and gave it me into my hand; I have kept it ever since; I did not find any cards at that time, went again and found three more parcels of lace within a quarter of an hour, about ten minutes afterwards, both times we found thirty-nine yards.

Q. Did you find any cards? - No, a shoemaker brought some cards; I have all the lace and have kept it by itself. (Produced.)

Q. Did you bring the lace home yourself the second time you went? - I did.

Q. Now as to the cards, is the man here that found them? - He is, his name is John Howard < no role > .

Q. How soon were the cards brought to you afterwards? - They were brought within ten minutes after the first parcel of lace was found; the shoemaker has the care of the cards, that found them.

Mr. Knowlys. When he first came in he asked for handkerchiefs, that seemed to be the article he wanted? - It was.

Q. He then said he would consult his mother? - He went out for some time, and came in again about a quarter of an hour.

Q. Then it was, and not till then that he thought to ask for lace, the second time coming in? - It was so.

JOHN HOWARD < no role > sworn.

I am a shoemaker; I have some cards. (Produced.) I found them in my privy the 12th of April, somewhere about ten or eleven o'clock, I am not certain to the time.

Q. Is your privy near the carpenter's house? - No, it is No. 2, in Church-lane, almost facing the house of the prosecutrix.

Q. Do you know the carpenter's cellar where the prisoner was found? - No. The prisoner asked leave of me to go into the privy on the 12th of April, it was before he was taken up; I never saw him before, he stayed in a very short time.

Q. How soon did you find them after he was gone from the privy? - Very near an hour.

Q. Are you positive as to the person of the prisoner? - I am; there was another lad with him, and he came to my house to buy a pair of shoes, and while the other lad was trying the shoes on the prisoner asked leave to go to the privy; the other lad had the shoes and the prisoner paid for them; I took these cards over to the prosecutrix and asked her if they belonged to her? and she said they did.

Court to Ann Williams < no role > . If I understood you right, you said you pursued this lad and you never lost sight of him till you got to the cellar? - I did not lose sight of him, I am certain of it. These cards he had taken before, the first time, unperceived, but there was nothing missed till the second time; the first time he came the drawer of lace was placed on the counter, and he stood before it.

Q. How many cards are there? - Five.

Q. You then don't know as to the fact only to his taking one card? - No, I only see him take one card.

Prisoner. I am quite innocent of the charge laid to me.

The prisoner called four witnesses who gave him a good character.

GUILTY,

Of stealing to the value of 4 s. 10 d. (Aged 12.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.