Mary Malden otherwise, Daniel Malden otherwise, Daniel Malden otherwise, Ann his, John Holbert, John Holbert, Mary Gray, Theft > housebreaking, Theft > receiving, 5th May 1736.

Reference Number: t17360505-64
Offences: Theft > housebreaking; Theft > receiving
Verdicts: Guilty; Not Guilty
Punishments: Death
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73, 74, 75, 76, 77. Daniel Malden otherwise Morgan otherwise Smith and Mary his Wife , John Holbert and Ann his Wife , were indicted for breaking and entering the House of Mary Henshaw , and stealing 7 pair of Sheets, the Goods of John White ; 8 Aprons, the Goods of Sarah Bishop ; 3 Check Aprons the Goods of Sarah

Hilder , Check Aprons the Goods of Ann Seal , and 1 Shirt the Goods of Thomas Clark , February 29 . And Mary Gray for receiving 1 Shirt, the Goods of Thomas Clark , knowing it to be stolen , March 1 .

I Mary Henshaw . On the first of March, or the last Day of February, about the dead time of the Night my House was broke open. I am a Washer-woman ; when I went to bed I bolted my Doors and Windows fast. On Monday Morning I found they had wrenched one of the Pins, but it was key'd in the inside, so they cut the Shutter, opened the Casement, and got into the Kitchen through the Window; I lost all the Things mentioned; I had washed them on Saturday, so they must be all wet when they took them. I had a suspicion of these People; they had lived in the Neighbourhood 2 or 3 Days, and Daniel Malden came on the Sunday to me for a Shirt, a Shift, and an Apron, which I had to wash for him and his Wife; and I observed him to walk several times backward and forward, viewing (I suppose) which way he might get in. With a Warrant I searched for the Prisoners at the Magpye at Islington, and at the Castle at Holloway, and while we were there, Holbert and his Wife, and Mary Malden came in; I charged the Constable with them; and coming back, we took Daniel Malden; so they were all 4 carried before Justice Robe, and upon searching them, we found one of the Aprons; damp, rolled up, and put round Mary Malden under her Cloaths. I own'd it, and she at first said it was her own, and then, that she found it in the Fields. Malden confess'd before the Justice, that Holbert and he took the Goods, and that they were dry'd in Holbert's House.

Q. Was his Information taken in writing?

Henshaw. Yes, and taken on Oath.

Q. Then it cannot be read in Testimony against him.

Thomas Clark . One of the Shirts that was lost belonged to me; and by Malden's Information after he was committed, we found it at Mary Grays , she had it in a Tub, and was washing it.

Thomas Stringfellow . Henshaw brought the Warrant to me to search the Castle at Holloway. We found no Linnen there, but while we were there, Holbert and his Wife and Mary Malden came in; she charged me with them, and I brought them through Islington to Justice Robe's House, and there they pulled this Apron from under her Petticoats.

John Banford . I searched the Magpye at Islington: Holbert had been there, but got out of the House when I came in; I searched Malden's Room, but found nothing; then Sutton's was searched (the next House) but there was nothing there. There was this Constable at Holloway; and I desired her as the Man was litigious to go up too, and 3 of them we took at Holloway; Malden confess'd the Robbery at the Fountain Tavern.

John Banford . Malden own'd to me in the Lodge at Newgate, that he broke open Henshaw's House, and said he could help me to some of the Linnen again; Holbert, he said, was concerned with him in this Fact.

Joseph Pool . I searched at Gray's, and found this Shirt in the Wash-tub, at her House in St. George's Parish, Ratcliff High-way. Daniel Malden guilty . Death .

Mary Malden, John Holbert, Ann Holbert, and Mary Gray acquitted .

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