MARY SWAINE.
12th September 1798
Reference Numbert17980912-44
VerdictNot Guilty

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510. MARY SWAINE was indicted for feloniously stealing on the 13th of August , privily from the person of William Lowe , a Bank-note, value 1l. the property of the said William .

WILLIAM LOWE sworn. - I am a wine-cooper , in Portpool-lane; I went out to see a friend on the 12th of August, and staid till it was late at night before I returned home. As I was going down Drury-lane , by the end of Parker's-street, I met with the prisoner at the bar about one o'clock in the morning; she invited me to go home with her to her lodging; I went with her; I went into the room; she asked me for money, and I told her I had but one shilling and sixpence; as it was at that late hour, and I was rather in liquor, I would give her that to let me stop there an hour or two; I told her I did not want to have any thing to say to her, only to stop to rest myself.

Q. You were sober enough to say all this, and to recollect it? - A. Yes.

Q. It was not above ten minutes walk from your own house? - A. I was foot sore, and in liquor.

Q. Were you sober enough to know what you were about? - A. Yes; I own I was in liquor.

Q. Very much so, were not you? - A. I own I was in liquor; I believe I was there to the best of my knowledge about two hours and a half; I fell asleep; when I waked, I said, you have robbed me; I had lost three one pound notes, the watchman found them all three, I could swear to the number of one of them, but not to the other two, and the Magistrate gave me them back as I was a poor man; my pocket was turned inside out; she began to give very ill language, and abused me; I told her I would make an affidavit that I had them after I was in the room; when I gave her the one shilling and sixpence, I felt them in my pocket; I called the watchman, and he called another watchman, and they both came in; among the notes, there was a direction from a gentleman in Mark-lane, for me to call upon him.

Q. Where had you been? - A. At Hounslow.

Q. How did you come from Hounslow? - A. On foot.

Q. How much did you drink on the road? - A. A pint of beer only from Hounslow; I was more tired than drunk.

Q. Then you were tired, drunk, and stupid? - A. I was tired, I had not been in the room ten minutes before I fell asleep.

JOHN DALTON sworn. - The last witness called

watch, about half past four o'clock, or thereabouts; I called another watchman who saw the woman standing by the cupboard, near the door, very busy; we searched the cupboard, and found by the bed, between the bed and the wall, three one pound Bank-notes, and a direction to a gentleman in Mark lane.

SAMUEL DOWLING sworn. - I am a watchman: I heard the cry of watch about half past four; I went, and found three notes between the bed and the wall; the Justice made me give him two of the notes back again, this is the other. (Produces it).

Q. (To Lowe.) Have you any body here from the Bank, to prove Mr. Field's hand-writing? - A. No.

(The drawer of the indictment having unnecessarily set out the body of the note, it became necessary to prove the signature of Mr. Field, of which there being no evidence, the Jury found the prisoner

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. COMMON SERJEANT.


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