Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 April 2014), May 1777, trial of ANN ELLIOTT MARY FISHER (t17770514-34).

ANN ELLIOTT, MARY FISHER, Theft > grand larceny, 14th May 1777.

386, 387. ANN ELLIOTT and MARY FISHER were indicted for stealing one black crape gown, value 4 s. one black stuff gown, value 2 s. two brown camblet gowns, value 8 s. three brass candlesticks, value 4 s. a white linen apron, value 1 s. three quart pewter pots, value 3 s. and a black mourning cloak, value 21 s. the property of William Alloway , April 10th .

(The witnesses were examined apart at the request of the prisoner.)

WILLIAM ALLOWAY sworn.

I am a coachman and live in Liquor Pond-street : on the 10th of last April I lost the gowns and the other things mentioned in the indictment out of a box in my room; I saw them about half an hour before I missed them; I have never found any of them since the prisoners were in my room to see my wife's mother, who lay dead at the time and was buried that evening.

ELIZABETH HARRIS sworn.

I saw Mary Fisher come out of the prosecutor's house with a large bundle of cloaths.

When? - Upon the 10th of April, between 6 and 7 o'clock.

Was the other prisoner with her? - I don't know.

Do you know what was in the bundle? - I do not.

ANN WELLS sworn.

I heard a publican had lost his pots; I happened to say I saw Ann Elliot go by wit h a bundle and drop two pint pots out of the bundle.

When did you see her with the bundle? - The 10th of April, to the best of my knowledge.

Where did you see her? - In Laystall-street; something rattled in the bundle, and the bundle appeared to be black.

ELIZABETH GOODMAN sworn.

As I was coming down Laystall-street I met the two prisoners; Mary Fisher had the bundle in her apron; I saw it was black; I saw no more.

What time of day was it? - About 7 o'clock at night as near as I can guess.

ELIZABETH HORTON sworn.

I went to the burial of the prosecutor's mother-in-law; the things mentioned in the indictment were left in the apartment.

What day was that? - The 10th of April, I believe: the things were pulled off and laid in a box and the undertaker put the cloak on the box; the undertaker locked the door after us and put the key in his pocket; he followed us down stairs; when we returned, he was the first that went up stairs; when he got up, he said the door was broke open; the prisoners were in the room before we went to the funeral; they knew the woman that was deceased some years I believe.

The prisoners were not put upon their defence.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr Baron HOTHAM .