70 ELIZABETH CLARKE proceedingsdefend was indicted for feloniously stealing in the dwelling house of Charles Clarke < no role > her husband, on the 21st of November , a piece of silver coin, called an Irish token, value 10 d. a bank note, value 50 l. a bank note, value 10 l. a bank note, value 5 l. a bank note, value 2 l. and five other bank notes, value 1 l. each, a bill of exchange, value 18 l a bill of exchange, value 10 l. and a promissory note, value 30 l. the property of Maurice Davis proceedingsvictim .

MAURICE DAVIS < no role > . On the 21st of November last, about nine o'clock in the evening, going up Holborn, I was accosted by Elizabeth Phillips < no role > ; she asked me to give her something to drink, she took me to her apartment in Cross lane, Newton street , where the prisoner Elizabeth Clarke < no role > was. Elizabeth Phillips < no role > sent Elizabeth Clarke < no role > out to get some gin to drink; I gave her a tenpenny piece, called an Irish bank token, she came back and said she could only pass it for sixpence; she returned it to me, I pulled out the bills and notes I had in my pocket, and gave her a one pound note. I had bills in my pocket to the amount of 130 l.

Q. When had you received these notes. - A. On that day, from my broker William Jones < no role > , Dartmouth street, Westminster.

Q. You took one of these notes and gave it to the prisoner. - A. Yes, a one pound bank note; she went out and got something to drink, and brought me part of the change; she brought some silver, and kept all the copper, I suppose to the amount of three or four shillings. I gave her some silver to get something to eat; it was getting late, and both she and Phillips persuaded me to lay down till towards the morning; accordingly I did, I soon went to sleep, and I awoke in the course of a little time; I found the prisoner was gone.

Q. Where was the prisoner when you went to sleep. - A. She and Phillips laid down on the same bed where I was.

Q. You found the prisoner was gone, where was Phillips. - A. Phillips was there; I searched for my property, it was all gone but two shillings and sixpence.

Q. Where was your property at the time you laid down. - A. I undressed myself and put my property in my left hand breeches pocket, and put them under my pillow; the bills and the notes were wrapped up together.

Q. You finding the prisoner gone, what did you do. - A. Phillips persuaded me to wait there till daylight; I did, I went to Mr. Wyegate the constable, and I gave Elizabeth Phillips < no role > in charge; I could not find the prisoner at that time, I searched after her every day till she was apprehended, which was about a month after the robbery. I have traced one fifty pound note to Stamford; they do not take account, I was informed, who they take them of; they only look to see that they are not forged.

Q. In what condition were you at this time. - A. I was rather in liquor a the time I went home with these women, they told me I should catch no harm if I went home with them.

Q. How near to the time that you met with these two women had you seen the notes. - A. I saw them in their apartment; they were all in one bundle, and in the same pocket, I did not look them all over.

JOHN WYEGATE < no role > . The prosecutor came to me on the 22nd of November, to look for these women; she was apprehended on the 18th of December by Mr. Blackman, at the Maidenhead, Diot street.

Prisoner's Defence. Mr. Davis came into the apartment where I was, with Elizabeth Phillips < no role > , they asked me to go out and get some gin, they gave me a tenpenny piece; I returned and told them they would not take it only for sixpence; Mr. Davis gave me a pound note, I went and got the gin, and gave the change; then we asked him for something to eat, he gave me some silver, and I got some cold ham and beef; I took part of it, the prosecutor wished to stay all night, if I was not afraid to sleep with them; I thought it was very improper for a man to sleep with two women; I got up and went out. I saw no more of his property whatever, than the one pound note and the tenpenny piece.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Lawrence.