ANN BERRY.
10th September 1788
Reference Numbert17880910-26
VerdictGuilty
SentenceTransportation

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522. ANN BERRY was indicted for stealing, on the 17th of August , a pair of linen sheets, value 5 s. a blanket, value 1 s. 6 d. a cardinal trimmed with lace, value 28 s. a bonnet, value 4 s. the property of John Kirk .

JOHN KIRK sworn.

On the 17th of August I lost the things in the indictment; my wife had been at prayers on Sunday about half after twelve, and when she came home she put her cloak and bonnet on a chest in the kitchen, and the sheets were in the kitchen close by them; we missed them before nine; the prisoner worked for my wife, on Saturday, the day before she lay at our house, she supped, breakfasted, and dined with us; on Sunday about two o'clock, after dinner I went out; she asked my wife to go out; my wife locked the kitchen when she went out; and when she returned, she sent her down with the key to make a fire; when she thought she had been long enough, she knocked with her shoe; she did not answer, and we went down to see for her; she saw the place opened and missed her cloak and bonnet and sheets, and said she was robbed; and when she went to make the bed she missed the blanket; I advertised the property, and found it and the prisoner; the patrole stopped her with the property; his name is Spiller, he ought to have been here.

JUDITH KIRK sworn.

Confirmed the evidence of her husband.

MARGARET BRANNOM sworn.

I was in the house when Mr. Macdonald that lives opposite came over; I know the cloak; I went to the Compter to the prisoner on the Wednesday after the things were advertised, and the girl owned the things, and cried, and said she was very sorry she had robbed Mrs. Kirk; I said, why should you do such a thing to a woman that has behaved so well to you.

Did you promise her any favour, or any thing? - Oh, no, no, no, no.

Was what she said voluntary and of her own accord? - I asked her how she could go to rob a woman that was such a friend to her; and she said she believed the devil drove her to it, and she cried; I saw the things, she said the patroles had the sheets, and the cloak and bonnet.

What conversation led her to say that? - I asked her how she came to rob Mrs. Kirk, and she said she believed the devil drove her; I did not mention the sheets or blankets, only the cloak; she had torn it very much when she had it on.

Did you talk to her about the cloak that the patrole had taken from her? - Yes.

JOSEPH SPILLER sworn.

I was on the patrol, Lime-street ward, on the 17th of August, Sunday night, and I met the prisoner with the bundle about a quarter before ten, at the corner of Lime-street in the city; I went to Mrs. Kirk's last Sunday in Compton-street, St. Giles's; I examined the prisoner, seeing her with a bundle at that time of night, and she told me her husband and she had had some words together, and that they were parting of their cloaths; when I came to examine the bundle I found that there were two wet sheets; I told her I suspected her, and took her to

the watch-house; the next day we took her before the Lord Mayor; the things were advertised and the prosecutor claimed them.

(The things produced and deposed to by the prosecutor and Mrs. Brannom.)

Mrs. Brannom. When I talked to her about robbing her mistress, she said she was very much in liquor or would not have done it.

ABRAHAM GOULD sworn.

When the patrole brought her to me, she had the cloak and bonnet on; she gave evasive accounts; I took her to the Compter, and the next day she was remanded.

PRISONER's DEFENCE.

Last Sunday was three weeks I was in this woman's house; I had been out; I came home again; I was down in the kitchen, she called me up stairs; I went out for half a pint of liquor; there was a man and the woman that keeps the parlour, as I came out of the parlour-door I shut the parlour door; I met a woman on the stairs, and she made towards the street; I followed her seeing somebody with her; I saw the bonnet in her hand; I took the things from her; at last I said I would call the watch; at last she gave me the things; I took this handkerchief off my neck and tied up the things, and coming back, one of those gentlemen stopped me and took me to the watch-house.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GROSE.


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