EMMA CANNELL, MARY ANN BAKER, JOHN LOTT, JAMES ASPEN.
24th November 1856
Reference Numbert18561124-44
VerdictsNot Guilty > no evidence; Not Guilty > unknown

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44. EMMA CANNELL , stealing 26 yards of woollen cloth, value 4l.; the goods of Henry Brown: and MARY ANN BAKER , JOHN LOTT , and JAMES ASPEN , feloniously receiving the same.

MR. PLATT, who conducted the Prosecution, offered no evidence against BAKER.

NOT GUILTY .

EDWARD LUCK . I am assistant to Mr. Brown, a draper, in Whitechapel. On Monday night, 10th Nov., Cannell, and two other women came into the shop, and they asked for, cloth for a mantle—I showed them some grey, and some black—Cannell said she should like a darker grey, because her brother-in-law was dead; and after showing a great many pieces she had a yard and a half cut off, and took me to the other side of the shop to look at some buttons—she detained me there; and while I was there the other two women went to the other side, and returned again—when I had finished, the Other two women had gone out, and Cannell paid 2s. off the parcel, and she left, saying she would call for the parcel at 10 o'clock the next morning—she did not call the next morning—the other two women had left the shop two or three minutes before Cannell—they had come in together—about an hour after Cannell left, I missed about twenty yards of black cloth—not a piece which I had been showing them, but it was on the counter at the same time—at tea time on Tuesday, the following day, a piece of grey cloth was missed—I believe this cloth produced is my master's—I believe these different pieces to be the whole of the piece of black, and this to be the grey—there is no piece here so small as to be the piece I sold—these are worth about 4l.

Cross-examined by MR. DOYLE. Q. What time on the Monday night were these women in the shop? A. Between 5 and 6 o'clock in the evening—they had not been old customers to my knowledge—I had never seen them before—I was not the first person brought to identify this cloth, my master was—I swore to both these cloths—I swore to the grey first—I recognised it, and I recognised the black, and swore to the black also—there is no mark on it—I recognised it by the description of the goods being the same quality—this grey is very common—it is called grey Witney—I cannot tell how many thousand pieces there are of it in London—this was not made exclusively for us—this other is black doeskin, used for making trowsers—you may find black doeskin in every draper's shop—these pieces correspond—they look to me to have been cut with a knife, a pair of scissors would have made a straighter cut—I can swear that these were my master's—I believe them to be so, that is all I know—I cannot say whether these might have been bought or stolen from somebody else—I believe them to be our's—I have no mark on them, only the description, and quality, and the length—we have not taken stock since—we had not counted the pieces we had—we had only one piece of this price and quality, and that we lost; and this grey is the only piece we had of this quality and colour—I saw this black doeskin safe on the counter just before the women came into the shop—I noticed it lying there—I saw it there, and know it by that—I did not unroll it—I did not put my hand on it, but all the others were in the fixtures, and this was on the counter—Mr. Brown put it on the counter, I saw him do it—I never saw Cannell before she came into the shop—the next time I saw her, she was at the Thames police; she was shown to me—I said that was the woman—I cannot remember how she was dressed when she was in the shop; but she had a black mantle—I noticed that her hair was dark, and her eyes were black—she is one of the women that was in the shop—I will swear it.

MARY ANN BAKER (the prisoner). I live at No. 2 1/2, Fieldgate-street, Whitechapel, where Mrs. Cannell lives, and keeps a beer shop; she takes in lodgers. On Monday night, 10th Nov., I was in Thrawl-street, Spital-fields, about 8 o'clock—I had nothing with me—I had been to Mr. Clarke, in Thrawl-street, to tell Mr. Cannell that he was wanted—I went there again in twenty minutes, or half an hour afterwards—I had a bundle with me the second time—I do not know what was in it—Mrs. Cannell gave it to me to take to Mr. Clarke, in Thrawl-street; as I was going along the policeman stopped me—I went back to Mrs. Cannel's with a policeman—Mrs. Cannell was at home when I got back, and the two boys, Lott and Aspen, were at home, upstairs—they were lodgers there, and slept in the first floor back room—they slept in the same room—I do not know whether they slept in the same bed—when I got back one policeman was in the house, and one went back with me—the policeman asked Mrs. Cannell if she had sent the bundle out; she said, "No," at first—I told her she gave me the bundle to take to Mr. Clarke, in Thrawl-street, and she said, Yes, she did—she said that two young women brought it, and she gave me the bundle to take out—the policeman took me up stairs—we all went up stairs together—the policeman went into the room where the two boys were—I was not in the room when any cloth was found—I was in the room when the policeman said he had found two pieces of cloth—he brought the two pieces out of the front room into the back room where we all were.

Cross-examined. Q. How old are you? A. I was seventeen last March—I was in the service of Mrs. Cannell a fortnight—my mother lodged in the house—Mrs. Cannell gave me this parcel at the kitchen door—there were two young women in the kitchen—I had never seen them before—the parcel was tied up—Mrs. Cannell attended to the business when her husband was not there—she did not say any more to me, but to take the bundle to Clarke—Mrs. Cannell has a husband—he is in and out in the course of the day—he went out that day between 3 and 4, or 5 o'clock, and left Mrs. Cannell at home—she was at home the whole of that day—she has not got a black mantle, only the grey shawl that she now wears.

MR. PLATT. Q. Was Mrs. Cannell at home the whole of that evening? A. Yes, till we were taken—I know she was at home at 4, and at 5 o'clock, and till the time we were taken—I was at home all the day myself, and she was at home with me—I had not seen the two women before.

MR. DOYLE. Q. When you went, did not Mrs. Cannell ask you if you did not see the two young women give her the bundle? A. Yes; I said I had not.

MR. PLATT here withdrew from the prosecution.

NOT GUILTY .


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