Offence: Theft > theft from a specified place
114. Catherine Howel was indicted for stealing one Piece of Foreign Gold Coin, called a Moidore, three Pieces of Gold, called Half-Guineas, and forty Shillings in Silver, out of the Dwelling-house of Thomas Clarke , on the 20th of January .
Clarke. She was a Servant of mine; I had Occasion to go up to my Drawers to fetch some Money, which was three Guineas: This was a little That before I lost the Money .
Q. How long was it ago?
Clarke. On the 20th of January. My Child was sick of the Small-Pox; I left two Women to take care of it : This Catherine Howel , the Prisoner, unlock'd my Drawers, took out this Money. The People thought that I had sent her; they came and told me of it . I went up to the Drawer and found my Money was gone: She was going away and had made up her Cloaths, and amongst them I found one of my Shirts, and I tax'd her with it and she deny'd it. While we were searching of her she had about Piece of small Money wrapp'd up in a Paper which she endeavour'd to throw behind the Clock . Afterwards I found two Guineas and a Moidore, and two Half Guineas which I took out of her Mouth.
Q. Did you carry her before a Magistrate? Was there any Examination taken of her?
The Prisoner declar'd that she got the Money before she came to him.
Prisoner. I don't know any Thing of it.
Aldchurch. I saw the Prisoner open the Drawers on the 20th of January.
Q. Where were the Drawers?
Aldchurch. In one pair of Stairs forward.
Q. Were the Drawers in the Room where you were?
Aldchurch. Yes. All the Time she stoop'd, and in a fideling Way look'd at me all the while.
Q. When you saw her at the Drawers, did you not go to her, as People us'd to do in such Cases, to know what was the Matter?
Aldchurch. No. Then I ran down and told my Brother .
Clarke . Yes, Sir.
Q. You say she threw it against the Clock; did she throw it behind the Clock?
Clarke. Yes, and it hit against the Clock. She had One Guinea in her Pocket, nineteen Shillings,
The Pieces were produced in Court .
Clarke. This Piece I have had above three Years .
Aldchurch. Yes. I was in the House at the same Time.
Q. What Money was that ?
Aldchurch. A 27 s. Piece, two Guineas and two Half Guinea
Q. Did you examine the Prisoner's Bundle?
Aldchurch. Not just then, but I did afterwards .
Q. How long after?
Aldchurch. About an Hour and a half, I can't justly say.
Prisoner . I got the Money before I came there, and they heard the Money gingle down, and then they bid me mend my Master's Stockings. Did you see the Money in my Cloathes?
Sparks. I was in the Room sitting in the Chair against the Drawers . She drew away the Chair and open'd the Drawer , and took something out and went to put it into her Pocket, and put it beside her Pocket. She took it up again and went off with it.
Q. Were you present at the searching of her?
Sparks . Yes, my Lord .
Q. What was found upon her?
Sparks . The Money before mention'd .
Q. Did you examine her Mouth ?
Sparks. No, my Lord. But I saw the Money when taken,
Prisoner. I got the Gold and Silver and small Money before I came to his House. My Gold I had in my Box.
Q. You say it was your own Money: How came your Money in your Master's Drawers?
Prisoner. I did not touch any.
Q. You must consider here was a counterfeit Half Crown. The Witnesses both swear the counterfeit Half Crown was taken from you, and your Master swears that he had it three Years. If your Money was your own why did you put it into your Mouth?
Prisoner. I was like to be tore to Pieces about it.
Q. Your Master, when you was charg'd about it, said, you deny'd you had any Money about you.
The Judge to the Jury. Gentlemen, it is laid as a capital Felony. They have prov'd one Moidore, two Guineas and two Half Guineas, &c. that I don't see how it is possible for you to lower the Value of Money.
Guilty Death .