30th November 1796
Reference Numbert17961130-39
VerdictGuilty > lesser offence

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39. ANN KELBY was indicted for feloniously stealing, on the 10th of November , two diamond

rings, value 20l. the property of Edward King in his dwelling-house .

JULIA KING sworn. - I am the wife of Edward King, my husband is in India, he has been abroad five years, I took the house I live in: On Monday morning, the 10th of November, about four o'clock, I was alarmed by the watchman, the street door was open; I went down immediately, there was no appearance of force; I was last up the night before, the prisoner attended me; I sent her to bed at nine o'clock, I am sure the house was fast in the usual way; the diamond rings were in a drawer, in which my money was, on a side-board; there was near eight guineas in it, the drawer was locked; that drawer was broke open, every thing in it gone, and all the plate off the side-board; I had seen it all safe at eleven o'clock over-night; when I came down, I, went to the parlour door, and just looked in, and thought all was safe; I went to the door to the watchman, who wished to see that every thing was safe; I told him there was no necessity for that, every thing was safe; upon that he went up stairs again, and in about two minutes I came down, and saw that all the plate, and every thing in the drawer was gone, and the drawer lying on the ground; I then ran out into the street, and called out to the watchman, that the house was robbed, this was about four o'clock in the morning; there were several watchmen went by, they said, they did not know any thing about it, they said, it was not their watch; a few minutes afterwards, several watchmen came round the door, among whom was my own watchman, he said, every thing was safe when I was here; when I called out that the house was robbed, the prisoner came down immediately, she had her day cap, a shawl, an handkerchief, and an under petticoat on, she immediately fell on her knees, and said, that she hoped the Lord God Almighty would bring to Justice the offenders before this blessed day was over, and many other expressions to that purpose; I do not recollect having a suspicion of her, I had her brought before Mr. Bond; on searching her, two of my diamond rings that were taken out of the drawer, were found in the drawer of the kitchen.

Q. Have you ever seen your rings again, since they were taken from you? - A. I saw them when they were found in my own house, in the drawer of the kitchen, that was on the Monday after the robbery was; on the Thursday morning they were in a work-bag, among a parcel of old rags.

Q. Whose work-bag was this? - A. It was her's.

Q. Have you kept these rings from that time to this? - A. No; I delivered them to the person that found them, his name is Greatis.

Q. Will they be produced here to-day? - A. Yes.

Q. Was any thing else found besides the diamond rings? - A. Nothing but trifling articles not worth mentioning.

Cross-examined by Mr. Alley. Q. You have told us you have been married? - A. Yes; Mr. King is in India.

Q. I thought Mr. King was in company with you and the prisoner, after the offence was committed? - A. Is it necessary I should answer this.

Court. You must answer that question.

Mr. Alley. Q. There was a gentleman of the name of King in company with you and the prisoner after this transaction? - A. There was a gentleman, but not of the name of King.

Q. Did any person, of the name of King, live or lodge in your house? - A. No.

Prisoner. That is the man she lived with.

Mr. Alley. Q. Don't be affected, madam, because, if you live in an honourable way, as an honourable woman, nothing can be attached to you which is not true - one short question might save us a great deal of trouble, and you a great deal of pain - I believe, at Bow-street, you stated the things stolen to be the property of Julia King? - A. Yes.

Court. Q. This woman was committed for stealing this, as the property of Julia King ; if you are Julia King , you must state it? - A. I stated it, and Mr. Bond was perfectly satisfied.

Mr. Alley. Q. I don't dispute it; I must put the question, whether or not you are a married woman? - A. I am really married to the person I told you, and whose name I bear.

Q. I don't mean any affront; but there was a person of the name of King lived in this house? - A. Yes; there was a person.

Q. Edward King lived in this house? - A. Never.

Q. Edward King paid the rent of this house? - A. No; he has never been in this country near five years.

Q. James King lived in this house? - A. Yes.

Q. James King was in company with you and the prisoner after this transaction? - A. I said my name was King.

Q. But had not James King been in company with you and the prisoner after this transaction? - A. The gentleman you mentioned was.

Q. I don't wish to misrepresent you; is that Mr. James King ? - A. No.

Q. I believe after you gave the alarm, the prisoner came down stairs? - A. She did.

Q. The night before you gave her leave to go to bed early? - A. Yes; I staid up till eleven o'clock.

Q. Had you occasion to open the door after she went to bed? - A. Yes, I did.

Q. You let some person into the house? - A. Yes, I did.

Q. At what time was this? - A. About a quarter before eleven.

Q. You have told us you lost eighty guineas? - A. I am not quite sure as to the sum; it might be more or it might be less, I cannot say.

Q. Before Mr. Bond you said you lost Banknotes? - A. I did; four five-pounds.

Q. Are you sure the door was completely fastened by you after you let this gentleman in? - A. Yes.

Q. Did that gentleman stay in the house all night, or go out afterwards? - A. He staid in the house all night.

Q. Have you heard from your husband these five years? - A. Not for the last two years.

Q. You don't know whether he is alive or dead? - A. I could almost undertake to say he is alive.

Q. Have you had regular correspondence with him for these five years? - A. Not for these two years; I have received letters from him.

Q. You have not seen any body lately that knows him to be alive? - A. No.

Q. You have no reason to believe him to be alive? - A. I have.

Q. Has he done the duties of a good husband? - A. He is a man of very bad character.

Q. If so, I should think he is not alive now? - A. I don't know that.

Q. With respect to the servant, the moment you called her she ran down stairs? - A. Yes, I don't think it was a minute.

Q. You were alarmed at that time of night, though there was a gentleman in the house? - A. Yes.

Q. You know it was right and proper for her to come down stairs? - A. I should not think, when the house was robbed, it was proper to stay to dress herself, because I came down directly.

Q. It takes no time, you know, to put on a day cap, though it does a gown? - A. No.

Q. The prisoner breakfasted in the house after the robbery? - A. I don't know; she attended me at breakfast.

Q. You sent her out for mussins and other things for breakfast? - A. Yes.

Q. You sent her out again? - A. Yes, at dinner time, and she staid a considerable time.

Q. If she had staid a good while, she might then have went away with the things? - A. Yes; but I had so good an opinion of her, that I should never have suspected her, had it not been for persons telling me they had a suspicion of her.

Q. Eleven o'clock at night was the last time you saw the door fast? - A. Yes.

Q. The thieves, therefore, who took the other things, might have taken the diamond rings? - A. Certainly they might.

Q. She had this opportunity of escaping in the morning, as well as at dinner time? - A. She might.

Q. You had a good opinion of her? - A. Yes, from her behaviour towards me, which was extremely flattering and attentive, but every body else had a bad opinion of her.

Q. Where did you find these rings? - A. In a drawer in the kitchen, appropriated to her use, among the rags.

Q. That drawer was not locked? - A. No.

Q. It was open to any body? - A. Yes, if they went into the kitchen.

Q. I believe it was open when the diamond rings were discovered? - A. It was not locked.

Q. These things were found in that drawer, which any body, coming into the room, might have opened? - A. Yes.

Q. The girl was in the house after the robbery was committed? - A. Yes; three days.

Q. And the diamond rings remained there for that time? - A. Yes.

Q. She had sufficient opportunity to escape, and did not? - A. Yes.

Court. Q. I think you said you apprehended your husband was not dead? - A. I am almost sure he is not dead.

Court. Q. Was this house taken by yourself, or any body for you? - A. By myself.

Court. Q. Do you pay the rent? - A. I have not paid any rent; I have only been in four months.

SEBASTIAN GREATIS sworn. - I am a miniature painter: On Monday fortnight, after seven at night, I came to Mrs. King's, and went into the kitchen; in the drawer I found a bag, and at the bottom of the bag I found the two diamond rings, and a piece of linen, belonging to Mrs. King; they were in this work-bag. (Producing it.)

Q. Whose is that? - A. I don't know; it was just as it is now.

Q. Have you kept the diamond rings ever since? - A. Yes. (Produces them out of the bag.)

Prosecutrix. (Looks at the rings.) These are mine.

Court. Q. Are there any marks upon them? - A. Yes, there is, my own, one has hair in it.

Prisoner's defence. I know no more about the robbery than you; I was fast asleep in my bed; this gentleman, James King, sleeps with her every night; the house is open at all hours; several gentlemen visit her every day; James King lives in the city; they told me this morning not to mention his name; I had been out several hours of the day; I did not imagine they would suspect me; there are three brothers of them; he is jealous of her, and there is quarrelling and fighting every

night; he says, there are gentlemen there when he is out.

GUILTY of stealing the rings, but not in the dwelling-house .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. RECORDER.

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