MARGARET DONNIVAN.
30th April 1794
Reference Numbert17940430-18
VerdictGuilty > theft under 1s
SentenceImprisonment > house of correction; Miscellaneous > fine

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246. MARGARET DONNIVAN was indicted for stealing, on the 26th of April , a guinea, half a guinea, and four shillings and six-pence in monies numbered, and twelve halfpence, the monies of James Naylor , privately from his person .

JAMES NAYLOR sworn.

I am an upholsterer ; a journeyman; I live at No. 54, South Moulton-street.

Q. Did you lose your money at any time? - Yes, Saturday night, at ten o'clock in the evening, it happened at the corner of Bond-street; I was going past there about a little business, this person called to me, and asked me a few questions, asked me to treat her with a glass of liquor, which I complied with, and went along with her, and treated her, I took her to the next house, the corner of Bond-street .

Q. Do you know the name of it? - I do not; we had each of us a glass of liquor a piece, and in that mean time she picked my pocket of about six pennyworth of halfpence.

Q. What room did you go to? - No room, only stood in the lobby.

Q. What liquor did you treat her with? - Gin.

Q. How many glasses did you drink with her? - One.

Q. How long was you in the lobby with her? - About five minutes.

Q. What time did you miss your money? - I missed what I had in my waistcoat pocket at the time I stood in the lobby.

Q. What did you keep your money in your waistcoat pocket? - I kept about six penny worth of halfpence, and sixpence in silver. I returned with her to the corner of Bond-street.

Q. When you missed your money did you lay any thing about it? - I did not, I supposed I had put it in another pocket, and I said nothing about it. I went out with her to the corner of Bond-street, and there she picked my pocket of about six and thirty shillings. I was in no other persons company but her's.

Q. When did you first miss your other money? - I went down about the small business which I had to do, which was to buy a lock. I left her at the corner of Bond street.

Q. Did you give her any money before you left her? - No.

Q. Did you take no liberty with her? - No.

Q. Do you mean to swear that? - Yes.

Q. How long might you be with her? - About ten minutes.

Q. Then all this time you never told her that you missed any thing? - I did not know it myself. As I was going to buy this lock I felt for my money, and found I had loss it; I missed my money in Oxford-street.

Q. What sort of money did you miss? - I had a guinea, half a guinea, and about six pennyworth of halfpence, and the rest in silver.

Q. What else did you miss besides what you missed from your waistcoat pocket. I missed a guinea and half a guinea and some silver.

Q. What was the silver? - It was six and thirty shillings, I had about me I know.

Q. Can you say exactly what silver? - I cannot say, but I had a guinea and half a guinea.

Q. Where did you keep this guinea and a half guinea and silver? - In my fob.

Q. Had you your watch? - No, I had no watch about me at that time.

Q. When had you last seen this money that you talk of? - I had some of it and the remainder I received about seven o'clock last Saturday evening, between seven and eight o'clock; I put it into my fob, I had a guinea in my fob before, and I put eighteen shillings more in, there was half a guinea in gold, and the remainder in silver.

Q. What sort of breeches do you wear? - Thickset.

Q. You felt her take this money then did not you? - No.

Q. Was your breeches loosened ever? No.

Q. Will you swear that? - I will.

Jury. Had you no fall? - None at all till I secured her.

Q. You say your breeches were not loosened at all, how was it possible for that woman to get the money at the bottom of your fob without your feeling it? - She had done it, for it was turned inside out.

Q. Have you never found any of your money? - Yes, the constable that examined her found part of it.

Q. Can you swear to that part that is found? - I do not swear to any thing only one halfpenny.

Q. Was you drunk or sober? - I was sober.

Q. Are you sober now? - Yes, I am.

Q. Have not you been drinking any liquor? - No, far from it.

Q. How soon did you see her again? - In about twenty five minutes after.

Q. Did you challenge her with it? - Yes, and she said, that she had never seen, nor knowed any thing of me.

Q. Had you ever seen that woman before? - Never before.

Q. Are you certain it was the same woman? - I am confident it was the same woman.

WILLIAM POWEL sworn.

I am a constable. Mr. Naylor came to me when he brought the prisoner, Saturday last, about eleven o'clock. I was constable of the night then.

Q. Where is your watch-house? - In Mount-street, he charged her with stealing about six and thirty shillings in gold and silver and halfpence.

Q. Was she examined? - Yes.

Q. Did she say any thing about it? - She denied it entirely, having any thing of his money at all.

Q. Did the say any thing about him? - Yes, she did not know any thing of him; she was searched and there was found three shillings and six pence, and fourteen pence farthing, besides a halfpenny that Mr. Naylor swore to.

Q. Did he say how long he had had that halfpenny in the presence of the prisoner? - He said he could swear to that halfpenny, as soon as ever it was thrown out.

Q. Did he describe it before it was produced? - No, we were counting it over he seed the halfpenny himself.

Q. What time was she brought to you? - About eleven o'clock.

Naylor. I had this halfpenny about three days, it was in my waistcoat pocket, I can swear to that.

Prisoner. I was coming along about twelve o'clock last Saturday night, I go out to scower pots, I was going home, this man came up and asked me to have a glass of something to drink? I told him I did not want to have any thing to drink; he said he would treat me, and he changed a shilling, and gave me three pennyworth of halfpence, and I wished him a good night; about two o'clock in the morning afterwards, he came up to me and knocked me down, I had a young child along with me, and I had only three shillings that I worked hard for, and two shillings I had before. He sent word to me to day if I would send him nine and twenty shillings, he would make it up.

Court to Prosecutor. Did you ever offer to make it up with her? - I never did, no farther than this, I said I should he very sorry if any woman should suffer for my sake, I said it to a friend of her's.

Jury. Did not you tell the friend of her's that you would make it up for a certain sum? - I never did, I said it must be left to the option of the gentlemen.

Q. Did you take any change in the house? - Yes.

Q. Have you seen the prisoner since last Saturday night? - Yes, I saw her about three hours ago, in Newgate.

Court. How came you to make this a capital charge against her? - I left it entirely to the gentlemen who drew the indictment, I gave no directions at all.

Jury. Did you give her three pennyworth of halfpence? - No, I did not, nor yet any money whatever.

The prisoner called two witnesses to her character.

GUILTY, Of stealing one halfpenny only .

Imprisoned six months in the House of Correction , and fined 1s.

Tried by the second Middlesex Jury before Mr. RECORDER.


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