14th May 1838
Reference Numbert18380514-1336
VerdictGuilty > unknown; Guilty > unknown; Guilty > unknown
SentenceTransportation; Imprisonment

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1336. ANN EFFINGHAM, SARAH COPE , and MARY BARNADINE , were indicted for stealing, on the 3rd of May, 20 yards of printed cotton, value 10s.; and 5 handkerchiefs, value 1l. 2s.; the goods of William Davies; and that Effingham and Cope had been before convicted of felony.

JOHN CONSTANTINE . I am in the employ of Mr. William Denies, linendraper, Nos. 66 and 67, Chiswell-street. On the 3rd of May the three prisoners came to the shop together—Barnadine had a child—they asked to see some silk handkerchiefs—I showed them several—they all looked at them—I then saw Barnadine go to the top of the shop, above the others, take a piece of print, and walk out with it—the child was cross, and I suppose she made that a cause for leaving the shop—she took the print in going out—I do not know that the other two saw her take it—she was followed out by Mr. Davies—I went on showing the other two the handkerchiefs, and saw

Effingham draw a piece of silk handkerchief from under the others, and put it under her dress—I do not think she was aware that I had sent anybody after Barnadine—Mr. Davies and a policeman then came in with Barnardine, and Effingham attempted to put the handkerchiefs she had taker again under the wrapper on the counter, and I took the wrapper from her—she then threw the piece of handkerchiefs down by the side of the counter—she took it from under her dress.

Cross-examined by. MR. PAYNE. Q. Where were you? A. On the opposite side of the counter—Barnadine had the same child with her that she has now—I saw her take a piece of print as she went out, from under a pile behind the door—the child was on her arm—as she went out the pile was on her left-hand, but she turned her right-hand to it—the other two prisoners were before me, but not so as to prevent my seeing what was going on—Effingham took a piece of handkerchiefs, and put it under her clother, and I saw her throw that piece on the ground—I can swear it did not fall from the counter—I pointed it out to Knocker—there were a great many handkerchiefs on the counter—the prisoners all came in together, and I saw them talking to one another as they came in—they all looked at the silk handkerchiefs.

JOHN HENRY KNOCKER . I am in the service of Mr. Davis. I watched Effingham and Cope—I cannot tell what Cope said, but Effingham wished some silk handkerchiefs to be spread on the counter—she took one piece, and put it under her dress—an officer came in with Barnadine—I then touched Effingham on the shoulder, and told her she had a piece of handkerchiefs—she denied it—I saw it on the ground after it had fallen—I am sure it was not there when I touched her—I am sure it did not fall from the counter.

Cross-examined. Q. Where were you? A. Behind the counter—I leaned over and could see the ground—there were no handkerchiefs on the ground when I first touched Effingham.

COURT. Q. You saw her conceal it under her dress? A. Yes—I was about half a yard from her.

JOHN DAVIES . I saw the prisoners looking at some handkerchiefs between seven and eight o'clock that evening—I went to the door after Barnadine, and saw her standing outside—she had a cloak on—I said to her, "I suppose your little baby won't keep quiet in the shop?"—she said, "No"—she turned in speaking to me, and I saw the piece of print sticking between her legs—I saw it two or three times, and she could not mow with it there—I kept her there a quarter of an hour, till I saw an officer—I called him, and I took this print from her in his presence.

Cross-examined. Q. Were not her clothes too long for you to see anything between her legs? A. It was outside her clothes—I waited for an officer before I took it—I am brother to William Davies—he has no partner—this print is his property, and so are the handkerchiefs.

CHARLES SCOTCHMER (police-sergeant G. 2.) I was on duty near tie prosecutor's shop, on the 3rd of May, between seven and eight o'clock—I saw Barnadine looking in at the window, and Mr. Davies take this piece of print from between her legs—I took her into the shop, where the other two prisoners were—I saw Effingham throw down these five handkerchiefs—I took them, and took her into custody—Cope was standing with her.

Cross-examined. Q. She went away, did she not? A. Yes, but the came and spoke to the others, and I told an officer to take her.

CHARLES BEAUMONT (police-constable G. 194.) I was going to take Cope, and she ran off about a hundred yards—when I took her, the was very violent and struck me several times—I had above a hundred people round me.

JAMES TESTER . I produce a certificate of Effingham's former conviction, which I got from Mr. Clark's office—(read)—I was present at the trial of Effingham, in December, 1836, for stealing a piece of merino.

Cross-examined. Q. What was the name then given? A. Sophia Perryman, but she is the person, I am quite sure.

WILLIAM GILLIS MORRIS . I am a policeman. I produce a certificate of Cope's former conviction—(read)—I.)was present at the trial—the is the same person mentioned in the certificate by the name of Caroline Gadbury.

(Barnadine received a good character.)



Transported for Seven Years.

BARNADINE— GUILTY Aged 26.— Confined Six Months.

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