<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 id="17880227" type="sessionsPaper" fragment="yes">
<div1 type="trialAccount" id="t17880227-54">
<xptr type="pageFacsimile" doc="178802270071"/>
<xptr type="preceedingDiv" divtype="trialAccount" id="t17880227-53"/>
<xptr type="followingDiv" divtype="trialAccount" id="t17880227-55"/>
<interp inst="t17880227-54" type="collection" value="BAILEY"/>
<interp inst="t17880227-54" type="year" value="1788"/>
<interp inst="t17880227-54" type="uri" value="sessionsPapers/17880227"/>
<interp inst="t17880227-54" type="date" value="17880227"/>
<join result="criminalCharge" id="t17880227-54-off273-c463" targOrder="Y" targets="t17880227-54-defend612 t17880227-54-off273 t17880227-54-verdict277"/>
<join result="criminalCharge" id="t17880227-54-off273-c464" targOrder="Y" targets="t17880227-54-defend614 t17880227-54-off273 t17880227-54-verdict277"/>
<persName id="t17880227-54-defend612" type="defendantName"> ANN WHEELER
<interp inst="t17880227-54-defend612" type="surname" value="WHEELER"/>
<interp inst="t17880227-54-defend612" type="given" value="ANN"/>
<interp inst="t17880227-54-defend612" type="gender" value="female"/> </persName> and
<persName id="t17880227-54-defend614" type="defendantName"> ELIZABETH BARNSLEY
<interp inst="t17880227-54-defend614" type="surname" value="BARNSLEY"/>
<interp inst="t17880227-54-defend614" type="given" value="ELIZABETH"/>
<interp inst="t17880227-54-defend614" type="gender" value="female"/> </persName> were indicted for
<rs id="t17880227-54-off273" type="offenceDescription">
<interp inst="t17880227-54-off273" type="offenceCategory" value="theft"/>
<interp inst="t17880227-54-off273" type="offenceSubcategory" value="shoplifting"/> feloniously stealing, on the
<rs id="t17880227-54-cd274" type="crimeDate">26th of February</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17880227-54-off273 t17880227-54-cd274"/>, eighteen yards of muslin, value 6 l. the property of
<persName id="t17880227-54-victim616" type="victimName"> Enoch Hodgkinson
<interp inst="t17880227-54-victim616" type="surname" value="Hodgkinson"/>
<interp inst="t17880227-54-victim616" type="given" value="Enoch"/>
<interp inst="t17880227-54-victim616" type="gender" value="male"/> </persName> ,
<persName id="t17880227-54-victim618" type="victimName"> George Warrener
<interp inst="t17880227-54-victim618" type="surname" value="Warrener"/>
<interp inst="t17880227-54-victim618" type="given" value="George"/>
<interp inst="t17880227-54-victim618" type="gender" value="male"/> </persName> , and
<persName id="t17880227-54-victim620" type="victimName"> John Percival
<interp inst="t17880227-54-victim620" type="surname" value="Percival"/>
<interp inst="t17880227-54-victim620" type="given" value="John"/>
<interp inst="t17880227-54-victim620" type="gender" value="male"/> </persName> , privily in their shop </rs>.</p>
<p>The indictment was opened by Mr. Knowlys.</p>
<xptr type="pageFacsimile" doc="178802270072"/>
<persName id="t17880227-54-person621"> JOHN PERCIVAL
<interp inst="t17880227-54-person621" type="surname" value="PERCIVAL"/>
<interp inst="t17880227-54-person621" type="given" value="JOHN"/>
<interp inst="t17880227-54-person621" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
<rs id="t17880227-54-viclabel275" type="occupation">linen-draper</rs>
<join result="persNameOccupation" targOrder="Y" targets="t17880227-54-victim616 t17880227-54-viclabel275"/>
<join result="persNameOccupation" targOrder="Y" targets="t17880227-54-victim618 t17880227-54-viclabel275"/>
<join result="persNameOccupation" targOrder="Y" targets="t17880227-54-victim620 t17880227-54-viclabel275"/> in
<placeName id="t17880227-54-crimeloc276">Bond-street</placeName>
<interp inst="t17880227-54-crimeloc276" type="placeName" value="Bond-street"/>
<interp inst="t17880227-54-crimeloc276" type="type" value="crimeLocation"/>
<join result="offencePlace" targOrder="Y" targets="t17880227-54-off273 t17880227-54-crimeloc276"/>, partner with
<persName id="t17880227-54-person622"> Enoch Hodgkinson
<interp inst="t17880227-54-person622" type="surname" value="Hodgkinson"/>
<interp inst="t17880227-54-person622" type="given" value="Enoch"/>
<interp inst="t17880227-54-person622" type="gender" value="male"/> </persName> and
<persName id="t17880227-54-person623"> George Warrener
<interp inst="t17880227-54-person623" type="surname" value="Warrener"/>
<interp inst="t17880227-54-person623" type="given" value="George"/>
<interp inst="t17880227-54-person623" type="gender" value="male"/> </persName> ; on Tuesday the 26th of February, about four o'clock in the afternoon, I lost the things in the indictment; I was in the fore-shop, I met Mr. Cundel coming out of the back-shop from the ladies; he desired me to attend to them; upon my entering the back shop, I observed Wheeler pull some muslins off the counter into her lap, they were both sitting close to the counter; she then concealed it under her cloak and muff, she had a very large white silk cloak on, trimmed with furr, and a very large muff.</p>
<p>How long did they stay after that? - About a quarter of an hour; they bought a remnant of Irish, which they had asked for before, about five or six shillings, they paid for it, took the parcel, and were going away together; upon their approach to the shop-door, at the distance of eight yards from where they were sitting, I attempted to lay hold of the prisoner Wheeler's apron, and she immediately turned round, and returned to where she had been sitting before, the other followed her; I saw her drop the muslins; and the other immediately picked them up, and laid them on the counter.</p>
<p>How far were they from the counter, when you saw them drop the muslins? - Close to the counter.</p>
<p>Was any thing said by either of them at the time of dropping them? - Not till I charged them with it; Wheeler said she was surprised I should charge her with taking the muslins; Barnsley said her name was Williams, that she lived at Cold Bath-fields; Wheeler said she was acquainted with Lady Spencer, that she was a customer at the shop, and had frequently come with her servants; I sent for a constable and took them up.</p>
<p>Mr. Silvester. Those ladies came to your shop, bought a piece of Irish, and paid for it; what did they give you? - They gave Mr. Cundel a ten pound note.</p>
<p>They bought some muslin as well as Irish? - Yes.</p>
<p>You never charged them at all with the theft, till the muslins were on your counter? - No.</p>
<p>You shewed them a number of pieces of muslin? - The counter was littered all over with muslins.</p>
<p>Then some of the pieces might have fell down? - No, there were none down.</p>
<persName id="t17880227-54-person624"> WILLIAM CUNDELL
<interp inst="t17880227-54-person624" type="surname" value="CUNDELL"/>
<interp inst="t17880227-54-person624" type="given" value="WILLIAM"/>
<interp inst="t17880227-54-person624" type="gender" value="male"/> </persName> sworn.</p>
<p>I am shopman to Mr. Percival; on the 26th of February, about four o'clock, the two prisoners came into the further end of the back shop together; Barnsley desired to see some muslin, the same as they had seen last week, that it was ell wide at nine shillings a yard; I served her with three ells of muslin, which came to thirty-five shillings, and which she bought and put in her pocket; she said I must give her change for a ten pounds note; but she recollected before I gave her change, that she wanted a small quantity of Irish, the same that she had some of the week before, at four shillings and two-pence a yard, and added, that the little man, then in the front-shop would know the sort; I left the ladies and went into the front-shop; I met Mr. Percival in the front shop, I desired he would walk into the back shop to them; they were sitting about ten yards from where I met him; I looked among the remnants of Irish, and found one, which Barnsley bought, and gave six shillings for it; I then gave her her change out of the ten pounds note; they had got their parcels, and were going out, as they were approaching the back shop door, Mr. Percival attempted to take hold of Wheeler's apron; she then turned round, and went to the place where they had been sitting; she was immediately followed by Barnsley; I saw Barnsley pick up the muslins from the floor, and lay them on the counter; when Mr. Percival immediately took the muslin, and charged Wheeler with the theft.</p>
<p>How far was it from the place where
<xptr type="pageFacsimile" doc="178802270073"/>they had sat down, to the place where Mr. Percival attempted to lay hold of Wheeler's apron? - Six or seven yards, or thereabouts.</p>
<p>Did you observe any muslin on the floor, before they turned back? - I did not; I think if there had been any, I could not but have seen it; Barnsley said that her name was Williams, that she lived in Cold Bath-street, Cold Bath-fields; Wheeler said that she was very well known, that Lady Spencer knew her; (the muslin produced in Court.) It is in four pieces, I marked the length of them on the muslins, previous to my taking them to Bow-street, (looks at them) upon this piece is marked three yards and five-eighths; the next piece is marked two yards and three quarters; the next is marked two yards and five eighths, and the other piece has ten yards marked upon it.</p>
<p>Are you able to say they are your master's property? - Yes.</p>
<p>And the very property that were taken up at the time by Barnsley? - Yes.</p>
<p>Mr. Silvester. These goods had been shewn to somebody, and were laying with great disorder on the counter? - Yes, in some disorder.</p>
<p>Did you observe if any muslins were fell down? - I did not observe any down.</p>
<p>There had been no charge made till the muslins were laid on the counter; where have these muslins been kept? - In the shop under the stairs.</p>
<p>How many of you have had access to them? - Seven of us, masters and all.</p>
<p>For how many days? - Ever since last Wednesday.</p>
<p>They have not been kept under lock and key? - No.</p>
<p>Court. What are your shop marks? - A, E, H, L, O, R, D, K, P,</p>
<p>What is the value? - Six pounds.</p>
<p>Prosecutor. I told the clerk of the indictments that it was not privately, and I desired him not to lay it capital.</p>
<p>Mr. Silvester. When Wheeler returned to the counter, was it not to look at a printed muslin, which she said if she had any, would suit her? - She certainly did.</p>
<p>Wheeler. He said Ma'am, there is a very pretty print; that was the cause of his laying hold of my apron to shew me that, and on that account I turned back.</p>
<p>Is the Constable here? - No.</p>
<p>Why is he not here? - He saw nothing of the transaction.</p>
<p>Barnsley. Whether Mr. Percival did not mark the muslin himself from a great number of other pieces? - No, I did not.</p>
<p>As Mr. Percival denies marking the muslin, I have nothing more to say; he marked them himself, from a great quantity in his own shop, before the constable, who could have proved it.</p>
<p>Barnsley. I leave my defence to my Counsel.</p>
<rs id="t17880227-54-verdict277" type="verdictDescription">
<interp inst="t17880227-54-verdict277" type="verdictCategory" value="guilty"/>
<interp inst="t17880227-54-verdict277" type="verdictSubcategory" value="lesserOffence"/> GUILTY, Of stealing the goods, but not privily in the shop </rs>.</p>
<rs id="t17880227-54-punish278" type="punishmentDescription">
<interp inst="t17880227-54-punish278" type="punishmentCategory" value="transport"/>
<join result="defendantPunishment" targOrder="Y" targets="t17880227-54-defend612 t17880227-54-punish278"/>
<join result="defendantPunishment" targOrder="Y" targets="t17880227-54-defend614 t17880227-54-punish278"/> Transported for seven years </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. ROSE.</p> </div1></div0>

View as Text