The Proceedings of the Old Bailey

 

572.   MARIA ANN DOON , spinster , was indicted for that she, on the 22d of September , between the hours of five and seven o'clock in the afternoon , the dwelling-house of   Timothy Marshall did break and enter (the said   Timothy Marshall and others of his family then being in the said dwelling-house) and stealing six silver tea-spoons , value 9 s. a pair of silver tea-tongs, value 2 s. a plain gold ring, value 5 s. a pair of stone sleeve-buttons set in silver, value 2 s. a silver stock-buckle, value 2 s. a silver seal , value 6 s. a man's linen shirt, value 4 s. a japanned snuffbox, value 12 d. a canvas bag , value 2 d. and 47 guineas, 6 half-guineas , a quarter-guinea, 4 half-crowns, 2 silver threepences , 21 pieces of foreign copper coin called doits, value 6 d. a piece of foreign copper coin called a liard, value an halfpenny , and 46 s. and 6 d. in monies numbered, the property of the said Timothy. And a linen handkerchief, value 18 d. the property of   Samuel Smith . And a bank note of the value of 20 l. one other bank note of the value of 10 l. one other bank note of the value of 10 l. the money secured by the said notes being due and unsatisfied to the said   Timothy Marshall , the proprietor thereof, in the dwelling-house of the said Timothy .

  TIMOTHY MARSHALL sworn.

I live at  West Drayton by Uxbridge . I was brought up a gardener. I now have a little farm and a garden. On Friday the 22d of September there was a sale of a farmer's stock in my neighbourhood. I went up stairs to see what money I could spare, as I had my rent and other things to pay. I looked over my money. I put my bank notes in a private drawer in my bureau which stood in my bed-chamber. I put forty-seven guineas and six half-guineas in a canvas bag, which I put in the drawer upon the bank-notes. I then told over two guineas worth of silver in shillings and sixpences; there was a half-guinea, and four half-crowns. I put all that into a common drawer which slides in by the side of the private drawer; they were likewise in a bag. I saw that my snuff-box and other things were all safe; that was at nine o'clock in the morning; then I went out among my plowmen and servants. I came home again a little after twelve o'clock, and between twelve and one I went out to Evans's auction. After the auction was over, seeing some farmers there who live at distant villages, I asked them to come home with me and eat and drink something, as we had not dined. We came to my house a little before five o'clock, and sat together in my kitchen till between eight and nine, when they went away. As soon as they were gone I went up to bed;

there is a closet by the side of my bed in which I put my clothes and some garden-seeds. I observed that a seed-box was removed out of its place; then I saw a hole through the ceiling in the closet which led up into the cock-loft. I went directly to my bureau; I found it broke open, and I missed all my money, the snuff-box, the spoons, the seal, and the other things. I called up my boy and my men, and we alarmed the town directly. I found the back-door of the barn was open. The way in which the fact had been committed was by getting into the barn, getting upon the barley in it, and so getting into the cock-lost, which communicates with the end of the barn; that cock-lost is over some stables; she must have crept along the cock-loft till she came over my chamber; the hole that was made in my chamber was large enough to admit a person to pass through it from the cock-lost. We searched, but could not find any person about. I rode that night to Hounslow and Slough; I did not get home till three o'clock; I went to bed for a short time; when I got up in the morning I came and laid an information at Sir John Fielding's office; then I went to the Bank and gave an account of the Banknotes I had lost; I could hear nothing of them. On Monday morning I came again to Sir John Fielding's office and to the Bank, but they had heard nothing of them; coming along Piccadily , between three and four o'clock in the afternoon, I accidentally met the prisoner along with a man opposite St. James's Church.

Did you know her before? - Yes; she had lived with me. I asked her where she had been? She said in the country. I asked her what country? She said Chester. I asked who the man was with her? She said her husband. I said come we will drink together; I wanted to see you, for I have been thinking about you. I asked her where she would go? She said to the Blackmoor's-head , behind St. James's Church; there was a chairman at the door; I put them in first, and begged him to get me a constable; when we went in I desired the landlady to let us have a back-room to ourselves, for we should want some victuals. I called for a pot of beer; the constable did not come; I went to the door to the chairman, he had not been for one; at last I persuaded him to go for one; when I went out the prisoner wanted to go out too; I followed her; I said she should not go out; she began to be very abusive; the chairman then brought in the constable; I gave him charge of the man and the prisoner; he said he would search them. She insisted I should not see her searched. I went out of the room; the constable searched her, and, as I afterwards learnt, he found fifteen guineas and some silver upon her, and likewise my snuff-box; the constable took her to Sir   John Fielding 's; the man told me that they lodged at Walham Green at the White-Hart, one Knight's; we found there some doits which were mine; the constable found a printed bill in a bundle she had in her hand of a Mr. Macaulay, in the Borough; she had bought mercery goods of him; the constable and I went there. Mr. Macaulay said she had changed a twenty pounds Bank-note there; since that I have found another of them paid in at the Bank.

Did the prisoner ever work for you? - Yes.

Did she ever sleep in your house? - Yes, several months I believe.

  BENJAMIN YARNOLD sworn.

I am a constable. I was sent for; I searched the prisoner on Monday the 25th of September, at Mr. Jones's, the Blackmoor's-head , in Jermyn-street, behind St. James's Church. I found upon her fifteen guineas, fifteen shillings and sixpence, some tea, a pair of scissars, a thimble, and a nutmeg-grater; the gold was in the nutmeg-grater, the silver was loose in her pocket; in looking over the tea and the articles again I found this bill of parcels of Mr. Macaulay's.

Prosecutor. This was my nutmeg-grater , but it was not lost at this time.

  RICHARD MACAULAY sworn.

I am a mercer, and live in the Borough. I sold the goods, mentioned in this bill of parcels, to a woman, whom I believe to be the prisoner; I received a twenty pounds Bank-note in payment, and gave her change for it, and I believe she put the money, which arose from the change, into that nutmeg-grater.

Prosecutor. This is one of the notes which were lost out of my bureau. I took it on the Saturday before last.

Did you make any memorandum of the note before you lost it? - I did not take any written memorandum of it.

Upon your oath, before you lost it did you know the number of it? - I described the particulars of it to Mr. Macaulay before ever he showed it me.

To Macaulay. What day did you sell the goods? - On the 23d of September, which was Saturday.

(The note was read in court.)

  ELISABETH HAWKE sworn.

Do you know the prisoner? - Yes. Mr. Macaulay sold the goods mentioned in that bill of parcels to the prisoner. I was standing by at the same time and took particular notice of her.

  JAMES LOWE sworn.

I am a pawnbroker. I have a gold ring and a pair of buckles; they were brought to me from New Prison by one Gosset, who is a messenger from New Prison. I do not know from whom they came.

  SAMUEL DOWSE sworn.

I live at Walham-green. The prisoner gave to my child some doits, on Sunday morning the 24th of September. She said she had had them from a child. I delivered them to Morant.

(   Moses Morant produces thirteen pieces, which he said he received from the last witness.)

Prosecutor. Here is a Flemish halfpenny amongst them, which has a mark upon the edge by which I know it. There are two of the doits have holes through them; I have had them years, and know them well; they were in a snuff-box with the gold-ring.

Morant. The prisoner was brought to the office on Monday the 25th of September. I searched her very closely; I found this snuffbox in her pocket; after some time she wanted a pinch of snuff and took it and put it into her pocket again. Mr. Marshall stood by; there was nothing said about the snuff-box; she took it away with her; after that the prosecutor relating that he had lost a snuff-box with a quantity of doits and farthings, Mr. Dowse said she had given such to his child, and mentioned the box. I said I had seen her have such a box as that and would go next morning to prison to see if she had it about her then. I went to the prison and took this box from her; the prosecutor described it and the motto upon it before I went.

Prosecutor. This is my box, I have had it many years; I had it in Wales; there is a goat's head on it; the motto is memento mori.

- HUMPETT sworn.

I belong to New Prison.

Have you a messenger there of the name of Gosset? - Yes.

Is he here? - No.

Do you know of any property that was found upon the prisoner? - She was delivered into my charge on the 25th of September; she said she had no money and asked me to lend her some to buy bread and cheese, and such things; she said she had something she could make money of and would pay me again; that it was in Clerkenwell where she had some clothes. I went with her to one Mr. Humphrey's in Clerkenwell Close; she demanded there the things as belonging to her; these are the goods (producing a great quantity of wearing apparel.)

Prosecutor. There is a shirt belonging to me, and an handkerchief which belongs to one   Samuel Smith , a servant of mine; the rest are all new.

PRISONER's DEFENCE.

I am quite innocent of what is alledged to my charge. I have never been near the prosecutor's premisses for above twenty-two months; I bought the box for three pence halfpenny as a common snuff-box. I have had these doits sixteen years.

Prosecutor. I had twenty-one of them; there were not two of a sort.

Prisoner. I bought that shirt in order to make me some night caps, and gave one shilling for it; what I bought at Mr. Macaulay's I paid ready money for; I had no Bank-note; the money I had I partly worked for, and part was left me. I had twenty-five guineas left me by my mother.

(The Bank-note produced by Mr. Macaulay was signed O. Gething. Mr. Gething was sent for by the court.)

Mr. GETHING sworn.

What is your name? -   Owen Gething .

You are one of the cashiers at the Bank? - I am.

Is that a Bank-note of your signing? - It is.

And your name is Owen not Oliver! - Owen.

You have no cashier of the name of   Oliver Gething , have you? - None.

(The Bank note having been erroneously set forth in the indictment, the court directed the jury to lay the evidence relative to the Banknote entirely out of their consideration.)

GUILTY of stealing the goods, but not Guilty of breaking and entering the dwelling house in the day time .

Tried by the First Middlesex Jury before Mr.   Baron EYRE .

[Whipping. See summary.]

[Imprisonment. See summary.]