28th April 1802
Reference Numbert18020428-11
VerdictGuilty > lesser offence

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276. MARY MARTIN was indicted for feloniously stealing four yards of muslin, value 16s. the property of George Warren , privately in his shop .

GEORGE WARREN sworn. - I am a linendraper , and keep a shop at No. 42, Fish-street-hill : On the 19th of March, about four o'clock in the afternoon, the prisoner came to my shop, the shopman attended her, and I saw her purchase

two or three trifling articles, which she paid for, and was out of the shop on the pavement, when my young man followed her, took her by the arm, and said, he missed a piece of muslin, and thought she must be the person who had it; I then said to her, give me the muslin, upon which she put her hand into her pocket, and brought four yards of muslin out, with my private mark on it, in my own writing; I took it from her, and delivered it with her to an officer; the muslin cost me four shillings and fourpence per yard.

THOMAS BAXTER sworn. - I am shopman to Mr. Warren: On Friday, the 19th of March, the prisoner came, and asked me to change two lawn handkerchiefs which she had bought a day or two before, and left at the shop, saying she would call for them in a day or two; she then had them changed for two policat handkerchiefs, and wished to look at some muslins, saying, she wanted a dress for a friend; there was a piece in a manner fixed upon, but there was not enough of it, and she said she would only take half a yard; I pressed her to purchase a quantity, and in looking over the wrapper to find a piece of a sufficient length, I missed a piece of muslin, but did not take any notice of it to her then; the only reason I had to suspect her was, that she had been twice before to the shop, and I saw her put her hand under her cloak, and rather suppose she took it at that time; she paid the difference of the handkerchiefs and the muslin, and went out of the shop; I followed her, and brought her back, upon which she gave Mr. Warner the muslin, as he has related; I fetched Mr. Saunders, the constable, who has had the muslin ever since, which I am sure was in the wrapper, and which I afterwards missed.(Nathaniel Saunders produced the musli, which was identified by Mr. Warren.)

Prisoner's defence. I brought it away in a mistake; for I put the things I had bought and that muslin all in my pocket at the same time; I was not over the threshold of the door when the gentleman laid hold of my arm.

Jury. (To Baxter.) Q. Did you wrap the things up yourself? - A. I put them in a paper, and rolled them up, and gave them to her; the muslin she stole. GUILTY, aged 26.

Of stealing, but not privately .

Transported for seven years .

London Jury, before Mr. Recorder.

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