The Proceedings of the Old Bailey

 

312.   Mary Akers , otherwise Bunce , widow , was indicted for stealing one diamond, set in brass, value 2 s. and one piece of brass, value one penny , the property of   William Edwards , September 10 .~

  William Edwards . The prisoner keeps a notorious bawdy-house opposite my shop.

Q. Where do you live?

Edwards. I live in  White-hart-yard , I am a glazier . I went out on the tenth of September, and left the key in my shop door. I had forgot something, and upon coming back, I found my door open, and the prisoner was coming out of my shop. I asked her what business she had there; she said, what was that to me. I had left my diamond on the board, and a pocket-piece.

Q. how long had you been gone?

Edwards. I had but that minute been gone. She went over to her own house. I went in, and miss'd my diamond, and the pocket-piece. I did not know how to charge her with them. Two days after, I saw her at her own window, with the diamond in her hand. I went over to her directly, and charged her with it, and told her it was mine. She said, she would not give it me. I said, I would make her suffer for it. I went and got a warrant, and an indictment was laid against her for keeping a disorderly house; she was taken up, and sent to Newgate, and I laid a detainer against her; the things were found upon her in Newgate. [Produced in Court by the prisoner.]

Prosecutor. These are my property.

Cross Examination.

Q. Do you live in White-hart yard?

Edwards. No, I keep a shop there. I live in Stanhope-street, next door to the Half-moon.

Q. Do you know any thing of a lanthorn you mended for the prisoner?

Edwards. Yes, I do, and I carried it home, but the lanthorn was mended and carried home before the diamond was missing. I had used the diamond after that was carried home, I delivered the lanthorn to one of the lodgers.

Q. What is the lodger's name?

Edwards. I do not know her name?

Q. Where does the prisoner live?

Edwards. She has three or four houses.

Q. Did not she herself send you word she had got a diamond that stuck with some putty to the lanthorn, when you brought it home, and you might have it if you would.

Edwards. She never sent me no such word.

Q. Was you before justice Welch?

Edwards. I was, he sent her to Newgate.

Q. How came it you did not get a detainer against her from justice Welch?

Edwards. He would not grant it, so I went to justice Cox.

Q. Did you go to any other justice?

Edwards. I went to justice Wright, and there came in a constable, one that she always employed to speak for her, and then he would not grant a detainer.

Q. Did not justice Cox discharge her afterwards?

Edwards. No, he bailed her out.

[ The discharge produced in Court, and read, to this purport.]

Discharge out of your custody, if not detained for other cause, than in any warrant of detainer, &c.

  Benj Cox .

3 October 1761.

Directed to the keeper, &c.

Prisoner's Defence.

I have witnesses to prove that diamond came to my house sticking to the lanthorn with some putty, and he gave the child that piece of brass, which he calls a pocket-piece, to play with, four months ago.

For the Prisoner.

  Elizabeth Harvey . One Saturday morning, Mr. Edwards came over the way, and said to me, have you seen Mrs. Akers? here is her lanthorn, and gave it me; I saw this diamond stick to it at one corner, I held it up to a person in the house, and said; see what a pretty thing he has put upon it, to keep the glass in. About three hours after, Mrs. Akers came in, and said, Bettry, will you go and fetch the lanthorn? Said I, he has brought it home, look what a pretty thing he has put upon it, and shewed it to her. Said she, that is his diamond, that he cuts his glass with.

Q. Where do you live?

E. Harvey. Then I lived in White-hart-yard, but the prisoner then lived at Lambeth, over-against the madhouse.

  Ann Brown . I went to Mr. Edwards, and told him, Mrs. Akers had got his diamond; he said, she might keep it if she pleased, for it was good for nothing.

Q. When was this?

A. Brown. This was on a Monday, about six weeks ago.

Q. How came you to know Mrs. Akers had it?

A. Brown. Because she told me, and desired me to tell him, that he might fetch it.

Q. To what house was he to come for it?

A. Brown. To her house at Lambeth; I was then at the Golden-lion, White-hart-yard; she used to come there sometimes.

Q. How long was this before she was sent to Newgate?

A. Brown. It was about a fortnight before.

Q. Did not the prosecutor use to be frequently at the prisoner's house?

A. Brown. Mr. Edwards was painting her house at Lambeth, when I was there.

The information he made before justice Welch was read, and no account of the things mentioned in the indictment was in it.

Acquitted .