Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 08 December 2023), October 1810, trial of MARY JONES ELIZABETH PAYNE (t18101031-55).

MARY JONES, ELIZABETH PAYNE, Theft > shoplifting, 31st October 1810.

827. MARY JONES and ELIZABETH PAYNE were indicted for feloniously stealing, on the 30th of October , twelve pair of stockings, value 4 l. 10 s. the property of Robert Kenyon , privately in his shop .

ROBERT KENYON . I am an hosier , 64, Holborn-hill, in the parish of St. Andrew's, Holborn .

Q. On the evening of Tuesday last, did the prisoners call at your shop - A. I understood as such; I was called down, I found the prisoners in my shop. Just before I went up stairs, I observed a parcel of twelve pair of silk stockings, I tucked the invoice in the parcel; I was going out to a lady with them, but I thought I would take tea first; when I came down stairs I spoke to the prisoners; they said my young man was serving them; I supposed that was true; which was not. I was serving a customer, I heard one of the prisoner's say she would give threepence less than the price asked; I said, we were not in the habit of doing that, I could wait upon them and shew them articles of a lower description. They went to the door, looked at some mitts, saying they would call again and look at the flannel. I looked in the chair and missed the stockings; I jumped over the counter, and found the invoice that I had tucked in the stockings, all over dirt. I went after the prisoners and overtook them within ten or twelve doors from my house; I saw one of them at a mercer's shop, which was well lighted up, tearing something up, apparently they were looking at the writing on the paper and tearing it up. I said to the prisoner Payne, you have got a dozing pair of stockings of mine, you must come back; Payne said, they had not, they would not come back. She had the stockings; I pushed one into Mr. Thelwall's shop, and I had got the other by the arm; a gentleman touched me, he stooped down, and said, this is what dropped from this woman, giving me the stockings in my hand, the gentleman went away immediately. These are the paper of stockings, they are mine; they had tore the paper at one end. With difficulty I got them back to my shop; Payne said, how come you to do such a thing; I suppose you must have taken it up with the child; Oh, says Jones, I donot care for him; they did not find them upon us.

Mr. Andrews. Who serves in your shop besides yourself - A. My young man and my wife, she is not here.

JAMES KEPLIN . I was in the shop when Mr. Kenyon went up to tea; I saw the two prisoners come in the shop together, Payne said she wanted some flannels; I was engaged serving a customer; I rang the bell, my master came down, he asked them what they wanted; they said I was serving them; I was not. I did not see any thing.

ANN SLAYMAKER . I was in Mr. Kenyon's shop purchasing some flannen at the time the prisoners came in, they came and stood close to me.

Q. How near might that be the chair where these stockings were - A. It might be three or four yards. I did not see the prisoners take the stockings.

Jones's Defence. I know nothing about it no more than the baby in my arms.

Payne's Defence. I know nothing of it, I am as innocent of it as a child unborn. I have a dying husband at home.

Jones called two witnesses who gave her a good character.

Payne called one witness who gave her a good character.

JONES, GUILTY, aged 21.

PAYNE, GUILTY, aged 32.

Of Stealing but not privately in the shop .

Transported for Seven Years .

London jury, before Mr. Common Serjeant.