28th October 1812
Reference Numbert18121028-129

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970. MARY BLACK was indicted for wilful and corrupt perjury .

MR. SHELTON. Q. Is that the record of the conviction of John Kennedy - A. It is James Kennedy for stealing two coats, value 4 l. the property of James Rose , on the 16th of September, in the 52d year of his Majesty's reign; and so the Jurors say, upon their oath, that he, the said James Kennedy , two coats, value 4 l. the property of the said James Rose , feloniously did steal and carry away.

SAMUEL LEWIS . Q. You are an officer of this court - A. Yes.

Q. Were you so upon the trial of James Kennedy - A. Yes.

Q. Do you recollect the defendant, Mary Black - A. Yes, I perfectly recollect her. I administered the oath to her before she gave her evidence.

- Q. Are you the clerk to the magistrate at Hatton Garden office - A. I am. I recollect seeing Mary Black at the office, upon the examination of John Kennedy . I took down her evidence on that paper. She signed it. Mr. Leach was the sitting magistrate.

Q. Who was the person brought before the magistrate - A. John Kennedy . (The copy of commitment.)

=" John Kennedy committed by Thomas Leach .="

JOHN BARNLEY . Q. Are you a constable and beadle of the Liberty of Saffron-hill - A. Yes.

Q. On the 25th of July last, where were you - A. About half after two in the afternoon I was going down to the lower end of Saffron-hill. I was by myself. I saw two men go into Mrs. Broadfield's house, or Gilingham's house. It goes by both names. I saw two men go into her house in Field-lane They were together. I stopped until they got into the house, and then I went after them. I went into the back room. They were standing by a table, and the coats were laying on the table, and Mrs. Broadfield was looking at them.

Q. Were there any other man there - A, No, none but the two which I saw go in with this bundle. Mrs. Broadfield was looking at the coats on the table.

Q. Were those the coats that were sworn to upon the trial of Kennedy - A. Yes. I asked Mrs. Broadfield, or whatever her name is, who brought the coat there.

Q. Where was the prisoner - A. Why, she was at the outside door, and this was in the inner room.

Q. Did you learn from her wether she belonged to the house, or not - A. I knew she did; she acted as servant in that house. I took the two men in custody. They were fighting and strugling with me. I called to a man standing at the door to come and help me. This Mary Black struck him, and shoved him back.

Q. You seized the two men; what became of them - A. One of them I secured, and the other ran away. I secured Kennedy, he was tried here last Session for stealing these coats. He was one of the two men that I saw go in. I took Kennedy to Hatton Garden, and he was brought here upon that charge, and Mary Black was brought to Hatton Garden office, and what she said was taken down in writing, and read over to her, and I saw her sign it, but I did not read it. This is the same paper. My name is upon it.

Q. You were here upon the trial of Kennedy; was Mary Black an evidence for the prosecution or the prisoner - A. For the prisoner, I should think. John Kennedy was asked by the Court what he had to say in his defence, he said call Mary Black . (The information of Mary Black read.) Mary Black , servant to William Killingham , sworn, saith, that between two and three o'clock the prisoner, John Kennedy , and another man that made his escape, came into the shop, and while her mistress was looking at the coats Barnley came in and seized them; one of them made his escape, and the other he kept in custody.

Q. to Barnley. That man whom you took up, is his name John Kennedy - A. He was tried here in the name James Kennedy . He had it altered by his own request.

JOB SIBLY . Q. You are short hand writer to this Court - A. Yes.

Q. Do you take down the whole of the evidence, or that which you think the most important - A. In this case I was told by the Court to be particular in Mary Black 's evidence, and I believe I can safely say, I took every word of her evidence.

Q. Read the evidence of Mary Black , upon the trial of John Kennedy .

(The evidence of Mary Black read.)

MARY BLACK . I live in Field-lane, No. 9. It was not James Kennedy that brought these things into the shop; it was another man. He ran away.

Q. They were together, were not they - A. The prisoner came into the shop half an hour before, for a pair of shoes, before the other man came in.

Q. Were you examined before the justice - A. Yes.

Q. Did you never swear that this man brought it in - A. Never.

Q. Upon your oath did you never swear that this man brought the bundle in. Now mind what you say, and be cautious; it will be taken down - A. No.

Q. Now, you mean to swear that he never did bring it in - A. Yes.

Q. Do you mean to tell me that the man who brought these things was in the shop half an hour before the prisoner - A. No. The prisoner was in the house half an hour before the other man came in with the coat.

Q. What was your mistress about - A. She was in the other house, washing.

Q. Did not she look at, and bargain about these things - A. No.

Q. You swear that this man had been in the shop before the other man came in - A. I do.

Mr. Alley addressed the Jury in behalf of the defendant.

The defendant called three witnesses, who gave her a good character.

GUILTY , aged 20.

Transported for Seven Years .

London jury, before Mr. Common Serjeant.

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