The Proceedings of the Old Bailey

 

898.   ELIZABETH CONWAY and   MARY CONWAY were indicted for feloniously stealing on the 5th of July last, five yards of black silk mode, value 10 s. the property of   Henry Lucas , Esq.

  ELIZABETH ELLIS sworn.

I live with Mr. Lucas, my mistress sent me to buy five yards of black mode, and a quart of peas as I returned, which I did of the prisoners, and I laid down the silk when I bought the peas, and in five minutes it was gone; I went about ten yards as near as I can recollect.

Was the market full of people? - It was on Monday, there was a good many people about, I came back and asked the prisoner if she had got it, and she said no; I told her she must have it, and she said to satisfy me she would go to the Justice and take her oath that she did not know any thing of it, I went to Bow-street and go a constable, and he took her to Bow-street. I heard her confess that she took it, before Justice Addington; she came to me about two minutes before I went before the Justice, and said she hoped I would not be severe with her, for it was her misconduct, and she took the silk, for she wanted money to buy strawberries; I had said nothing before, and I gave her answer.

Mr. Garrow, Prisoner's Council. You had not carried home the silk at? - No, Sir.

Where had you purchased it? - In Swallow-street.

You laid it down while you tied up the peas and went away forgetting it? - Yes.

Was the old woman at the stand when you came first back? - Yes.

Did not she say that she found the silk laying on her stand, and that she had pawned it, and if you would swear it was your property, so that she might be satisfied, she would restore it? - No, Sir, I said if she would restore my property I would pay the expences.

Was that before she had told you she had taken it? - Yes.

  THOMAS CROSBY sworn.

On the 5th of July last this same girl came down to me, I went with Mrs. Ellis, and I took the woman into custody, and she denied every thing; I told her it was better to own it, and give it up, she would not; they told me where it was pawned and I found it at the corner of Bedford-street, in the Soand.

Court to Ellis. Was her daughter at the stand? - She keeps another stand

  JOHN BOYD sworn.

I live with Mrs. Bates, the corner of Bedford-street, on the 5th of July the two prisoners brought five yards of silk to pledge, they only wanted five shillings; I would have lent them twice the money upon it; I asked them what it cost a yard, she told me it cost her four shillings; I have known the prisoners four years, and taken in things of five times the value of these; I always took them to be honest people before this.

Mr. Garrow. Is there any mark upon it? - No, common black mode.

Court to Ellis. Look at that mode, can you swear to it? - I can swear to the quantity, but I cannot swear to the silk.

Jury. Was the quantity of silk in two pieces? - Yes, Sir.

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr.   Baron HOTHAM .