Offence: Theft > theft from a specified place
Verdict: Guilty > theft under 40s
Punishment: Miscellaneous > fine; Imprisonment > house of correction
77. MARY CONWAY otherwise NICHOLLS was indicted for stealing four china coffee cups, value 2 s. two china dishes, value 8 s. four china plates, value 2 s. four china cups, value 2 s. four china saucers, value 2 s. a china tea-pot stand, value 6 d. a china spoon-boat, value 2 d. a brass candlestick, value 6 d. a pair of spun silk stockings, value 1 s. and 20 l. in monies, numbered, the property of Mary Davis , widow , in her dwelling-house , January 3d .
I live in Tothil-street, Westminster . The prisoner took the things, mentioned in the indictment, last Monday was a-week; she lodged in my two-pair-of-stairs back room. She took 4 china coffee pots, 2 china dishes, 4 china plates, 4 tea-cups and saucers, and a china tea-pot stand; I lost one pair of silk stockings; and I missed 20 l. at several times. On Sunday was three-weeks, I had six shillings in my pocket; I lay with her, and about an hour after I laid down, she took it out of my pocket.
Why do you charge her with taking them? - There was nobody in the house but her, and they were found upon her. I found the coachman that drove her away; and he drove me to the place; he searched her lodgings and found up stairs the stand. I felt her hand in my pocket when she lay with me; she had three shillings, and she gave me the next morning, when I charged her with it, two sixpences out of it; she said she would not leave me while I had a bed to lie on.
She said that out of friendship to you? - No; she said possession was nine points of the law, and she would not go.
You turned her out at last did you? - I told her I was going to move, I was stripped so bare.
I believe you was so bare of money that you was obliged to sell your things to pay your rent? - I was.
This woman lived with you some time? - Five months.
What business did she carry on? - None.
What business did you carry on? - The coal trade, while I could; I lost forty pounds by her.
The morning she packed up to leave your
Had she bought any china of you before this? - Yes, half a guinea's worth.
You did not know where she was going? - No; she desired the coachman not to tell where she was put down.
When you was before the magistrate you did not mention any thing about this money? - I do not know that I did.
I believe you sent to this young woman and told her, if she would give you some money you would not go on with this prosecution? - No; she offered me a guinea not to go on with it.
Court. What value do you put upon what you found in the house where she was? - About five shillings.
Counsel for the Prisoner. Are they here? - No.
Prisoner. I bought the tea-pot stand of her along with the half guinea's worth of china.
Prosecutrix. She did not buy it of me.
PATRICK McMANUS sworn.
I went with Mary Davis to search the prisoner's lodgings. I was told by the people that kept the under floor, that the prisoner lived in the garret; it was in New-street, Carey-street, near St. Clement's church-yard. When I went into the room; I asked the prisoner if her name was Conway. Mary Davis stopped on the first floor. I said I had a search warrant to search her place. What for? said she. I said some china you have stolen from Mrs. Davis. She said she did not know that she had got any. I opened the door, and called for Mrs. Davis; she came up; when she came into the room she had four cups and saucers in her hand which she got from the people on the first floor; they said she had left them there. I examined all the prisoner's things over, and found some more china in her trunks, which Mrs. Davis said was her's. Some time after Mrs. Davis said, I want two china dishes. Said the prisoner, if the constable will go along with me I will find them. She went into Covent garden; to a woman in the market who went home and gave her the two dishes, which she gave Mrs. Davis. The prisoner said she had left them at that house a day or two before, and that she had only just come to her lodging.
Did she say they were her's? - No; she said they belonged to Mrs. Davis. When Mrs. Davis saw them, she said they belonged to her, and the other delivered them up directly.
Did she say she had bought them? - No.
The four cups and saucers were not in this woman's room at all? - No.
Where they were found you do not know? - No.
The only piece of china found in her room was the stand for the tea-pot? - Four coffee cups were found in her trunk, and that stand for the tea-pot. They are trifling things, but they were found in her trunk.
The prisoner claimed no property in these two dishes? - No; she said they were Mrs. Davis's.
Court. What said Mrs. Davis to her, did she charge her with having taken them away? - Yes. The prisoner said she did not know how she had taken them away, but said she had got them at such a place in Covent-garden, and would return them.
Counsel for the Prisoner. You could never have found out these dishes if she had not told you where they were? - No.
Court to the Prosecutrix. You said the other witness found these china cups? - They were in the first floor.
You said the constable found them? - He found the china up stairs, the coffee-cups and stand; the tea-cups were in the first floor.
GUILTY of stealing to the value of 5 s.