Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 26 November 2022), May 1779, trial of MARY JAMES MARY COLD (t17790519-43).

MARY JAMES, MARY COLD, Theft > burglary, 19th May 1779.

301, 302. MARY JAMES and MARY COLD were indicted for breaking and entering the dwelling-house of Robert Tallworthy , on the 15th of May about the hour of eleven in the night, and stealing a cotton gown, value 17 s. a silk and stuff gown, value 1 s. a red cloak, value 5 s. a black stuff petticoat, value 3 s. a black silk hat, value 2 s. a silk handkerchief, value 6 d. a linen handkerchief, value 6 d. a brown cloth cloak, value 1 s. a linen apron, value 1 s. a blue linen apron, value 6 d. two child's shirts, value 6 d. two linen bed-gowns, value 6 d. 20 shillings and 120 halfpence, in monies, numbered, the property of the said Robert, in his dwelling-house .

HANNAH TALWORTHY sworn.

I am the wife of Robert Talworthy . My husband is a milk-man in Turnmill-street.

Do you keep a house? - Yes.

Was it broke open? - I do not know. Mary James says she let somebody in after we were in bed; she was my servant .

Did you lock your doors and windows when you went to bed? - Yes.

Did you find any thing broke open in the morning? - No. I missed all the things mentioned in the indictment (repeating them) they were all in my bed-room and the room adjoining; the watchman called my husband up about one o'clock in the morning and asked if we had been robbed, because they had stopped the girl, Mary James , who lived servant with me with the things.

Did you find any part of the house broke open? - No, only the door open; she said she opened it; the key was in the door.

You know nothing of Mary Cole ? - Yes; she has carried my milk for me several times.

Where did you hear Mary James give that account? - At the justice's.

Did you promise her any mercy to induce her to confess? - No; I told her she should not be hurt if she would tell me the truth.

JOSEPH BINGLEY sworn.

I am superintendant of the watchmen, and going to see after the watchman saw the girl with the things; I asked her what she did there; she said she was waiting for her mistress; I took the things to the watch-house, and delivered them to the constable of the night.

HENRY CHAPMAN sworn.

I was constable of the night; these things were delivered to me; I have kept them ever since.

(They were produced in court and deposed to by the prosecutrix.)

GEORGE WILLIAMS sworn.

I am a watchman at the King of Prussia's Head, at Sadler's-Wells. I was present when the things were taken.

MARY JAMES 's DEFENCE.

I am ten years old.

BOTH NOT GUILTY .

(The other was not put on her defence.)

Tried by the Second Middlesex Jury before Mr. RECORDER.