28th October 1824
Reference Numbert18241028-140
VerdictsGuilty > theft under 40s; Not Guilty

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Middlesex Cases, Second Jury, Before Mr. Sergeant Arabin .

1393. HANNAH BARRY was indicted for stealing, on the 28th of September , a shift, value 5 s.; two pinafores, value 2 s.; six handkerchiefs, value 8 s.; two towels, value 2 s.; two caps, value 10 s.; a pair of stockings, value 2 s.; twelve yards of bugle trimming, value 12 s., and a petticoat, value 2 s., the goods of Samuel Backler , her master ; a waistcoat, value 10 s.; a diamond pin, value 10 l.; a segar case, value 5 s., and a locket, value 30 s., the goods of Henry Pellatt , in the dwelling-house of the said Samuel Backler ; and MARY MURPHY was indicted for feloniously receiving a waistcoat, a petticoat, a handkerchief, and two pinafores, part of the said goods, she well knowing them to have been stelon .

MRS. MARY BACKLER . I am the wife of Samuel Backler , who is a cupper , and rents a house in Berners-street, Oxford-street - Barry was our servant. On the 28th of September, in consequence of having missed property I sent for Craig, who searched her boxes, and found a variety of property.

WILLIAM CRAIG . I am an officer. On the 28th of September I searched three boxes, which Mrs. Backler pointed out to me; the prisoner was present; and before I searched them, I asked her if she knew anything of a diamond pin, and a locket which were lost; she denied it at first, and then said she had found the pin, but knew nothing of the locket; she went up stairs with us, one of her trunks was open, and another locked; the third was a small tea chest. I found two stiffners in her pocket; in the open trunk was the trimming, and several things, and in the other trunk several caps and articles of linen; and in her tea chest, I found the diamond pin - she said she knew it was in some of her boxes, but could not tell which. I forget whether the tea chest was locked. I went to Murphy's house with a warrant, and found a waistcoat, a petticoat, and other things; she was not at home, but her husband was. I afterwards saw her, and she said she had bought them of different people in the street.

Cross-examined by MR. PHILLIPS. Q. You do not know that to be a diamond pin - A. I am told that it is.

MR. HENRY PELLATT . I lived at the prosecutor's house. This diamond pin and locket are mine, and the waistcoat. I missed the pin and locket on the 27th of September; I had seen them two or three days before, and had left them in a box unlocked.

Cross-examined. Q. Are there any children in the house - A. Yes, one of them is twelve years old. I had put the property among some fishing tackle.

COURT. Q. How long had you lived there - A. Three years. I wore the pin every day; the prisoner must have known it to be mine. I paid 13 l. for it about six months ago, to Mr. Fletcher, a lapidary, of Marlborough-street.

(Property produced and sworn to.)

BARRY'S Defence. The box which the things were found in is not mine - I had lent my mistress a trunk when she went into the country, and she gave me one of hers to put my things in. I never saw these things till they were found.

MRS. BACKLER. Two of the trunks belonged to her; some of the property was in them, and some in one which I had lent her, having had an accident with hers, and sent it to be repaired - the tea chest belonged to her, and was locked. and she produced the key of it after some hesitation.

MR. PELLATT re-examined. I have tried the pin, and know it to be a diamond.


Of stealing to the value 39 s. only .

Transported for Fourteen Years .


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