ELIZABETH PHILLIPS.
3rd December 1806
Reference Numbert18061203-21
VerdictNot Guilty

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21. ELIZABETH PHILLIPS was indicted for feloniously stealing in the dwelling house of Charles Clarke , on the 21st of November , a piece of silver called an Irish bank token, value 10 d. a bank note, value 50 l. a bank note, value 10 l. a bank note, value 5 l. a bank note, value 2 l. and five other bank notes, value 1 l. each; a bill of exchange, value 18 l. a bill of exchange, value 10 l. and a promissory note, value 30 l. the property of Maurice Davis .

MAURICE DAVIS . On the evening, about nine o'clock of the 21st of November last, the prisoner accosted me about the top of Newton street, Holborn.

Q. What are you. - A. I am in no business now, I have been a victualler , I lodge at No. 6, White-horse alley, Charing Cross.

Q. What age did the prisoner appear to you to be. A. About thirty. She asked me to give her something to drink; accordingly I went with her, she took me into an apartment in Cross-lane , where there was another person, of the name of Elizabeth Clarke resided. I gave to Elizabeth Phillips a silver piece, a tenpenny Irish bank token, she gave it to Elizabeth Clarke , and sent her for some gin with it, Elizabeth Clarke returned, said she could pass it only for sixpence. She returned me the ten penny piece, I put it in my pocket, I pulled out my bills and notes from my left hand pocket, to the amount of one hundred and thirty pounds. I sent her with a one pound note to procure what she liked to drink, she brought gin, and returned me part of the change, I imagine she kept about three shillings and six pence, in copper; they prevailed upon me for more money to get something to eat.

Q. Did you give them any. - A. Yes, she brought in some coals, some beer, ham and beef; it was getting late at this time; I fell asleep.

Q. Did you pertake of the beer, ham, and the gin. - A. Some part of it, there were two pots of porter, they advised me to lye myself down a bit; I did, I undressed myself, and laid my property in my breeches

pocket, under the bolster.

Q. Were you at all in liquor. - A. Not far, I was rather elevated; I fell asleep, and awoke some time in the morning, and found Elizabeth Clarke gone, they had both been in bed with me; I asked the prisoner where Clarke was, she answered with a kind of surprize that she was surprised she should leave her in so clandestine a manner, and being so wicked; she said she would assist me when it was daylight to find her.

Q. Do you know what time it was. - A. I asked the prisoner, she said it was about four o'clock. I searched for my property, my breeches I found on the floor, and all the money was gone but two shillings and sixpence.

Q. The bank notes and the money was all gone. A. Yes, and the bank token too. When daylight appeared I went down stairs and went to Mr. Wyegate, a constable, I went to the prisoner's apartment with him, where I gave charge of her.

Q. What reason had you to charge her. - A. The purse was found in her possession, some silver and some copper, and the tenpenny Irish bank token. There is one bank note come to the bank, I have not been able to trace it to Clarke.

Q. You have not been able to trace at all any of those bank notes or bills of exchange. - A. They are not come due yet, I have traced none of them any further than this ten pound note has come to the bank.

Prisoner. Mr. Davis gave me the tenpenny piece as a curiosity when the change was brought for the one pound note.

Court. (to prosecutor) The question is whether you do not recollect giving her the tenpenny piece as a curiosity. - A. No, at the time I went to bed the tenpenny piece was in my pocket.

JOHN WYEGATE . I am a constable. The prosecutor came to me on Saturday morning November the 22d, he took me to the room where this prisoner was, I searched the room and I searched her, I found three shillings and sixpence in silver and ten pennyworth of halfpence, which the prisoner said was her property, and this tenpenny piece the prisoner told me he had given it her, I found it in her pocket; the prosecutor said that he had given it her to get some liquor, and then it came into his hands again.

(The token produced and identified.)

Prisoner's Defence. This gentleman slept between us both at his own request. Elizabeth Clarke left both Mr. Davis and I fast asleep, it was four o'clock when I awoke; his arm was over me, I believe he was feeling for Clarke, he asked where she was, and I thought she was there; he said where is my clothes, I said here is your waistcoat and small clothes, he looked and he said he had lost the property, he asked me if I would get up and go out, I said no, where he left me there he should find me; I saw no more of his money than the one pound note and the ten-penny piece.

NOT GUILTY .

Second Middlesex jury, before Mr. Justice Grose.


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