<div1 type="trialAccount" id="t17870112-2"> <interp inst="t17870112-2" type="collection" value="BAILEY"></interp>
<interp inst="t17870112-2" type="uri" value="sessionsPapers/17870112"></interp>
<interp inst="t17870112-2" type="after" value="17870112"></interp>
<interp inst="t17870112-2" type="before" value="17870112"></interp>
<join result="criminalCharge" id="t17870112-2-off5-c100" targOrder="Y" targets="t17870112-2-defend103 t17870112-2-off5 t17870112-2-verdict9"></join>
<p>156. <rs type="persName" id="t17870112-2-defend103"> <interp inst="t17870112-2-defend103" type="role" value="proceedingsdefend"></interp>
MARY CUMMINS , otherwise <rs id="t17870112-2-alias-1" type="alias"> <join result="nameAlias" targOrder="Y" targets="t17870112-2-defend103 t17870112-2-alias-1"></join>
FORBES</rs>
<interp inst="t17870112-2-defend103" type="surname" value="CUMMINS"></interp>
<interp inst="t17870112-2-defend103" type="given" value="MARY"></interp>
<interp inst="t17870112-2-defend103" type="gender" value="female"></interp>
</rs>
, was indicted for <rs id="t17870112-2-off5" type="offenceDescription"> <interp inst="t17870112-2-off5" type="offenceCategory" value="theft"></interp>
<interp inst="t17870112-2-off5" type="offenceSubcategory" value="shoplifting"></interp>
feloniously stealing, on the <rs id="t17870112-2-cd6" type="crimeDate">1st day of January</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17870112-2-off5 t17870112-2-cd6"></join>
, forty-nine yards of thread-lace, value 49 s. and<xptr type="pageFacsimile" doc="178701120013"></xptr>
one hundred and nine yards of silk ribbon, value 40 s. the property of <rs type="persName" id="t17870112-2-victim106"> <interp inst="t17870112-2-victim106" type="role" value="proceedingsvictim"></interp>
Robert Dyde <interp inst="t17870112-2-victim106" type="surname" value="Dyde"></interp>
<interp inst="t17870112-2-victim106" type="given" value="Robert"></interp>
<interp inst="t17870112-2-victim106" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17870112-2-off5 t17870112-2-victim106"></join>
</rs>
, privily in his shop </rs>
.</p>
<p> <rs type="persName" id="t17870112-2-person107"> <interp inst="t17870112-2-person107" type="role" value=""></interp>
ROBERT DYDE <interp inst="t17870112-2-person107" type="surname" value="DYDE"></interp>
<interp inst="t17870112-2-person107" type="given" value="ROBERT"></interp>
<interp inst="t17870112-2-person107" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live in <rs type="placeName" id="t17870112-2-crimeloc7">Pall-mall</rs>
<interp inst="t17870112-2-crimeloc7" type="placeName" value="Pall-mall"></interp>
<join result="offencePlace" targOrder="Y" targets="t17870112-2-off5 t17870112-2-crimeloc7"></join>
; I <rs id="t17870112-2-viclabel8" type="occupation">keep a haberdashers shop</rs>
<interp inst="t17870112-2-viclabel8" type="occupation" value="keep a haberdashers shop"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17870112-2-victim106 t17870112-2-viclabel8"></join>
; the prisoner came to my house on Monday, the 1st of January, under the character of a country shop-keeper, to purchase a quantity of goods, which she was to pay ready money for; I desired <rs type="persName" id="t17870112-2-person108"> <interp inst="t17870112-2-person108" type="role" value=""></interp>
Isaac Smith <interp inst="t17870112-2-person108" type="surname" value="Smith"></interp>
<interp inst="t17870112-2-person108" type="given" value="Isaac"></interp>
<interp inst="t17870112-2-person108" type="gender" value="male"></interp>
</rs>
, one of my shopmen, to wait upon her; I went into the back shop; she stopped in my shop, to the best of my recollection, near an hour; and during that time the shopman came to me, and told me he suspected the woman from her actions to be a shop-lifter; he said, he believed he had missed two or three pieces of ribbon off the counter, and that the prisoner had got them; I told him to go back and wait on the prisoner as before, and I would send for a constable; I accordingly sent another person for a constable, and ordered the constable to wait at the door till she went out of the shop; she went out of the shop half an hour after; she was an hour, or an hour and a half in the shop; she looked out a parcel of goods that amounted from the appearance of them, from seventy to one hundred pounds; when she went out of the house, I sent the shopman after her to bring her back, and the constable took her up stairs; as there were several ladies in the shop at that time, I did not wish to create any confusion in the shop; I was present when she was searched, and the constable found upon her a card of lace, and seven half pieces of ribbon, and a remnant of about ten yards; the whole of the ribbon was one hundred and nine yards, or something more, I believe; I saw them taken from her; she was taken to Justice Hyde's; I went there; the constable attempted to search her, and she took the chief of them out of her pocket, and begged we would let her go, and not expose her; the thread-lace is one shilling a yard, and the ribbon is worth about five-pence a yard; the value of the ribbon is four pounds nine shillings; she was committed.</p>
<p>Did she tell you who she was? - She first said her name was Forbes, but before the Justice, she said her name was not Forbes, but Cummins; I do not recollect seeing her before; but when she came into the shop, she said she had been in the shop a year ago, and bought a parcel of goods, and paid ready money for them; and one of my clerks says, he recollects her; nobody came with her or after her as I can recollect; nobody appeared connected with her, or belonged to her; she passed entirely, and acted in looking out the goods, as a woman that knew business exceeding well.</p>
<p> <rs type="persName" id="t17870112-2-person109"> <interp inst="t17870112-2-person109" type="role" value=""></interp>
ISAAC SMITH <interp inst="t17870112-2-person109" type="surname" value="SMITH"></interp>
<interp inst="t17870112-2-person109" type="given" value="ISAAC"></interp>
<interp inst="t17870112-2-person109" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am shopman to the last witness; the prisoner came to our house, on the 1st of January; I was to serve her; she first of all wanted something in the millenery line of one of the ladies in the back warehouse; on returning out of the room, I asked her if there was any thing I could serve her with; she said she wanted several articles in the haberdashery line, she kept a shop at Winchester; she said first ribbons, she looked out a considerable quantity; I turned to reach a different colour that she wanted; and when I turned back, I missed some pieces off the counter; I had every reason to suspect the prisoner guilty, there not being another customer near me at the time.</p>
<p>What did you miss when you turned back again? - Two half pieces of ribbon; nobody was near but her and me, except two or three of the servants in the shop that were passing and repassing; I did not find the colour that she wanted; I informed her I would look into the drawer of cut ribbons; I reached that out, and she fixed on the colour that she wanted.</p>
<p>Did you see her take any thing? - I cannot positively say I saw her take any thing, but I thought I saw her put something into her pocket, which I took to be the end of a ribbon block, which is the<xptr type="pageFacsimile" doc="178701120014"></xptr>
white paper put over the end of the ribbon; she fixed on two or three different colours of ribbons which she liked in the drawer, which were cut; I informed her if that was not a sufficient quantity, I would get her a piece of the same, she said she would take what there was of them; I then went and informed my master that I suspected her; I immediately left him and went and shewed her more pieces of ribbon.</p>
<p>Did you then tell him you had seen her put something in her pocket that appeared to you like the end of a ribbon block? - I did not.</p>
<p>But are you sure that you saw it? - I am sure that I saw it; after I had done serving her with some ribbons, she asked to look at some lace, and I shewed her two or three different drawers, and she looked out a very considerable quantity to a very considerable amount; they were not measured; after she had looked out what lace she wanted, she said, I will not look out any more now, can you measure these things over now while I am here; I said it will take some time to measure them; she said if you will be so obliging to do it immediately, I will call in the course of two hours, and I beg you will have a bill made out of the lace and ribbons, and to mark the ribbons that I may know what to sell them for, and the lace likewise; she begged I would not delay any time, as she was under the necessity of returning to Winchester that evening; this was the morning of the first of January; I cannot say the hour; she begged I would get them all ready to pack up in a chest, and get the chest ready, and a bill and receipt, and she would pay for them on her return, I then suffered the prisoner to go out of the shop; after she had got about eight or ten yards, I went after her, and told her that there was some part of the ribbons that I was not sensible how she would have them charged; I begged her to come back and tell me; she came back, and I desired her to walk up stairs in the dining room; and the constable went with me; immediately upon her entering into the room, she took from under her cloak, upwards of forty-nine yards of lace, a large card, I saw her take it from under her cloak; I did not see her take any of the lace in the shop, and I had not the least suspicion of her taking it: at the time she took the lace from under her cloak, she was amazingly confused; I begged she would put her hand in her pocket; the constable was then present, and pulled out the ribbons which she had taken of Mr. Dyde's property; she pulled out all I believe she had.</p>
<p>Did she say any thing? - She was very much confused, and hoped we would not expose her; she delivered up the whole of the property that she had in her possession, and begged we would let her go; she was immediately taken to the Justice's where I was present; she was examined there.</p>
<p>Was that examination taken in writing? - Yes.</p>
<p>Had you ever seen her before? - Never in my life to the best of my knowledge.</p>
<p>Were these pieces of ribbon and the lace together? - She had them in her possession.</p>
<p>Were they in the same drawer? - No, they were in separate drawers; she looked them out separately.</p>
<p>Did you see her take any of them out of any of the drawers? - She took them, I imagine, from off the counter after she had looked them out of the drawers.</p>
<p>Were they all upon the counter at the same time? - She had not done looking out the whole of the ribbons before I missed some.</p>
<p>Did you shew her the lace after she had done looking out the ribbons or before? - After.</p>
<p> <rs type="persName" id="t17870112-2-person110"> <interp inst="t17870112-2-person110" type="role" value=""></interp>
THOMAS RICHARDSON <interp inst="t17870112-2-person110" type="surname" value="RICHARDSON"></interp>
<interp inst="t17870112-2-person110" type="given" value="THOMAS"></interp>
<interp inst="t17870112-2-person110" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am the constable; I was sent for to Mr. Dyde's; when I came there the prisoner was in the shop; the shopman ordered me to wait at the door; I waited at the door a considerable time; when she came out of the shop, and Mr. Smith followed<xptr type="pageFacsimile" doc="178701120015"></xptr>
her, and he and I brought her back again; we took her up in the dining room, and in searching her I found this piece of ribbon, and the lace; I stripped her almost naked, as far as decency would permit; I searched her; the first pull I made, was getting the lace from under her cloak; some she pulled out, and some I took out of her pockets; the lace and ribbons have been in my custody ever since.</p>
<p>(Produced and deposed to.)</p>
<p>Smith. I know the whole of them to be my master's property by the private mark; except two half pieces of ribbon which are not marked.</p>
<p>Was it the seeing her have the end of the block in her hand as you thought, that gave you the suspicion? - No, I suspected her from missing two pieces of ribbon; I did not see her take the lace; I had not the least knowledge of her having it in her possession.</p>
<p>Was what you saw any thing wrapped up in paper? - It was like the paper at the end of a piece of ribbon, her hand was over it.</p>
<p>Could it be the lace? - No.</p>
<p>Prisoner. I have nothing to say in my own defence; I rely on the mercy of the Court and Jury.</p>
<p>Have you any witnesses? - Nobody knows any thing of my situation.</p>
<p> <rs id="t17870112-2-verdict9" type="verdictDescription"> <interp inst="t17870112-2-verdict9" type="verdictCategory" value="guilty"></interp>
GUILTY </rs>
, <rs id="t17870112-2-punish10" type="punishmentDescription"> <interp inst="t17870112-2-punish10" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17870112-2-defend103 t17870112-2-punish10"></join>
Death </rs>
.</p>
<p>Tried by the first Middlesex Jury before Mr. Justice WILSON.</p>
</div1>

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