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Ebook has 71 lines and 9846 words, and 2 pages

Release date: December 2, 2023

Original publication: Bath: W. Gye, 1800

COUNSEL FOR THE PROSECUTION. Vicary Gibbs, Esq. King's Counsel--and James Burrough, Esq. Solicitor, Mr. Cheesman, of Bath.

COUNSEL FOR THE PRISONER. Robert Dallas, Esq. King's Counsel--N. Bond, Esq. ditto. Joseph Jekyl, Esq.--Albert Pell, Esq. Solicitor, Mr. Watts, Bath.

NAMES OF THE JURY. Charles Tucker, Postmaster, of Chard, Foreman. J. Mitchell, Innholder, Chard--J. White, Schoolmaster, ditto. J. Hill, Currier, of Chard--Joshua Cuff, Coombe St. Nicholas, Soap-Boiler--Edward Murley, West Chinnock, Linman. Henry Baker, West Coker, Sail-Cloth Maker. William Shattock, Wellington, Baker--William Sercombe, of the same Place, Tallow Chandler. Thomas Gore, Wellington, Serge Maker--John Nurton, ditto. And George Harding, of Milverton, Miller.

THE PROSECUTION HAVING BEEN OPENED BY Mr. BURROUGH, ... Mr. GIBBS STATED THE CASE FOR THE PROSECUTION.

ELIZABETH GREGORY, EXAMINED by Mr. BURROUGH.

At that time she had reason to think lace had been stolen; Mr. P. was with the prisoner on the other side of the street, she went across to them, spoke to her, said, "Pray Ma'am, hav'nt you a card of white lace as well as black?" she said no, I have not a bit of white lace about me; witness said, see in your pocket; Mrs. P. then said, pulling a paper from under her arm, "if I have it, your young man has put it up by mistake;" the paper produced, was not doubled up at the end; Mrs. P. turned red and trembled; witness turned down one of the corners of the paper, and saw the card of white lace, and the black above it; the card of black lace was about an inch shorter, but of the same width; at that time she examin'd the card, and found the shop mark on it, and she said, "It is mine, I will swear that to be the shop mark." On discovering the lace, denied that it had been put up by mistake, and said, "You have stolen it;" this Mrs. L. P. denied; witness took away the white lace. Within half an hour after, went before the magistrates with Filby, but the mayor had left the Town-hall, and no information could be lodged that day; said the Town clerk and deputy mentioned to them the reason of coming, they told her to call the day following, she went, but could not get to the Town-hall, as it was full of soldiers, could not see any of the magistrates; went every day but could only be heard on the Wednesday. Mr. Gye has had the lace one day, since it was taken from Mrs. P. is sure it is the same card of lace now produced.

CROSS-EXAMINED BY Mr. DALLAS.

Has been in that shop two years, succeeded Mrs. Smith, her sister; Smith was in London, carried on the business for her own self, and not for Mr. and Mrs. Smith. When Mrs. P. was in the shop the day before, believes Miss Leeson was in the shop, but does not know who besides. Mrs. P. returned the next day to enquire if the lace expected was come, & then desired to look at others. No customer was there when Mrs. L. P. was served. Filby, when Mrs. L. P. entered the shop was about 5 or 6 yards from the bottom of the counter, when called, came from the top to the bottom to measure the lace; measured it, and made it up in the parcel. The 5l. note was given to Filby after the black lace was measured, who was then about 4 yards from witness at the desk. Mrs. P. had on a black cloak, did not know who she was, that is, her name, on either of the days. The best opportunity of taking, is, when many people are in the shop, and some were there. The witness had been examined before the mayor, said then, it was half an hour before Mrs. P. returned by the shop, but cannot now say what time exactly elapsed, between witness going down stairs, and Mrs. L. P. returning to the shop, nor has been able to say this at any time since; no person was present but Mr. and Mrs. L. P. when witness accused the latter. W. Smith is the name still over the shop, notwithstanding an advertisement was in the papers, stating the business to be carried on by Mrs. Smith--it is carried on for the benefit of the witness, Smith's trustees gave the trade over to her, to pay 15s. in the pound.

RE-EXAMINED BY Mr. BURROUGH.

She has sold goods since that time, has paid debts, and has been answerable for goods, and the 15s. in the pound has been paid into the hands of Baron Dimsdale.

Judge Lawrence--"Put in the card of lace."

CHARLES FILBY EXAMINED BY Mr. GIBBS.

Lived as shopman with Miss E. Gregory, has been twice a bankrupt, has been with Miss Gregory for 6 months: remembers Mrs. P. coming into the shop on the 8th of August: was at the time, measuring a box of white lace at the upper end of the left-hand counter on the inside, the lace was folded round pale blue cards, which were marked: placed the bottom of the box on his right hand, and the lid on the left: the cards unmeasured were on the cover, those measured, marked and ticketed were put in the box: on the tickets were the quantities measured: when Mrs. P. came in no customer was there: but one person came in for a few minutes only, Miss Gregory was at the bottom of the right-hand counter, Mrs. P. asked if the laces were come from London, Miss G. said no, Mrs. P. then desired to see the lace she had seen the day before, Mrs. P. looked over part of the laces Miss G. had taken down, and made choice of what she had fixed on the day before: Miss G. called him from the place at which he had been sitting, to measure the laces, which he did: had measured and passed 6 cards of white lace from the lid into the bottom of the box, when he was called by Miss G.--remembers that the last card he had put into the box was very much defaced: did not use the old card but took a new one, and put the shop mark on it: the 6 cards just filled the bottom of the box, the last card was put in the corner of the box, the farthest from the door, was in the act of measuring the seventh when he was called: put the cover with the unmeasured laces on the chair, and on them put the seventh card: measured the black lace Mrs. P. bought: Raines was desired to put the loose black laces into the box, which she did in the inside of the counter, Mrs. P. was on the outside: rolled the bought lace on a small piece of card, some paper was close by, put the lace in it & folded the paper up, delivered the paper to Mrs. P. who gave him a 5l. note for it, which he carried to Gregory to change: had not stirred from the spot on which he stood, 'till he delivered the lace to Mrs. P. and when Gregory had given the change, she went down below; when he received the change from Gregory he turned round and observed that Mrs. P. removed to the other end of the counter, standing with her face down the shop, and the box of white lace on her left hand: passed up to her in the inside, the shawls on the railing first obscured his sight, but when he got up far enough to see her, he saw her left hand come out of the white lace box, with the card of white lace in her hand, which she drew under her cloak; in drawing her hand so quick under her cloak, she rather drew the cloak on one side, which discovered the corner of the card, she had it in her left hand, the card of black lace was in her right: after this Miss G. was down stairs, still Miss Raines & Miss Leeson were in the shop: at that time he did not examine the box of white lace, is certain he saw her take it and under her arm: had conversation with Miss Gregory down stairs afterwards, who came up stairs, he shortly after returned too, he then saw Miss G. with the card of white lace in her hand, which had the private mark he had put on it: he went out and saw Mr. and Mrs. L. P. together, they were apart afterwards, in attempting to speak to Mrs. P. she went to her husband: witness asked his name, said he lived in Paragon-Buildings: witness went to the Town-hall to lay the complaint, but the Magistrates were gone: they were afterwards much occupied with the soldiers who were passing through for the expedition to Holland, attended almost daily till the information was laid.

CROSS-EXAMINED BY Mr. BOND.

RE-EXAMINED BY MR. GIBBS.

Does not know that he ever put up two veils, or that two were ever put up, knows that a veil was brought back, only one veil was brought back by Miss B; when he went from one end of the counter to the other to measure the black lace, is sure that the card in question, was placed in the box, in the corner; from that time had never been nearer the box, than where he stood to give change, Mrs. P. did not, he is positive, put the change in her purse. The only two persons remaining in the shop, were Sarah Raines, and Miss Leeson, he went up to them, and afterwards down to Miss Gregory.

SARAH RAINES EXAMINED BY Mr. BURROUGH.

She, Miss Leeson, and Miss Gregory were at the bottom of the shop, Filby at the top; when Mrs. P. came, she asked to look at the lace she had seen the day before, this was shewn her; then Raines was desired by Miss Gregory to put the lace away, in which she was employed, whilst Filby was measuring, saw him wrap it up in the paper, and he was in the act of putting it into Mrs. P's hand, when witness went to the bottom of the shop to the desk, to work; remembers Miss Gregory's going down stairs, Filby came to her; Miss Leeson as soon as Mrs. P. went out of the shop, then went down stairs, Miss G. came up first in about 10 minutes, then Filby came up to Miss G. she having returned with lace in her hands; has been in the habit of seeing Filby put up things, he does it carefully, and laces in particular; is positive he only put up the black lace.

CROSS EXAMINED BY Mr. JEKYLL.

She was bound apprentice to Mr. Lambe; Miss G. called her to put away the black lace, which she was employed in all the time she was absent from her work, to this her attention was principally directed, nothing particular led her to attend to putting up the lace; she did not see Mrs. P's purse in her hand, or Mrs. P. put any money into it.

RE-EXAMINED BY Mr. BURROUGH.

Although you were apprenticed to Mr. Lambe you served Miss Gregory always.

EXAMINED BY JUDGE LAWRENCE.

She saw him put only the black lace into the parcel, she is sure of this, she was looking at him.

Mrs. Perrott, being called on for her defence, then spoke.

JOHN CROUT, EXAMINED BY MR. BOND.

Knows Filby & his brother, he has more than once or twice done business at Crout's house, supposes he was a haberdasher.

CROSS EXAMINED, BY MR. GIBBS.

Has seen him, and had dealings with him, since 1793, Charles Filby might not have been more than once or twice.

MISS BLAGRAVE, EXAMINED BY MR. DALLAS.

Was at Bath in August last, in September went to Gregory's shop to buy a veil, the 19th. of September, she bought the veil from Filby, she went home, and on opening the parcel, she found two in the said parcel, next day she went to the shop to return the veil, she asked him if he recollected she bought the veil the day before, he said yes, she told him he had put up two, he said he was obliged to her, but he had not missed it.

CROSS-EXAMINED, BY MR. GIBBS.

Was not acquainted with Mrs. P. till she came here, she carried back the veil the next morning, when he said he was obliged to her, but she had never been accus'd by the people of the shop, for taking it.

MARY KENT, EXAMINED BY MR. JEKYLL.

Resides sometimes in Bath, went in August last to Gregory's shop, about the beginning, bought 4 pair gloves, she believes Mrs. Smith's sister serv'd her, they were put in a parcel, she carried them home, on opening the parcel, she found 5 instead of 4 pair, she returned to the shop the next day, she saw Filby, but had nothing to do with him.

GEORGE VANSITTART, ESQ. Examined by Mr. PELL. MEMBER FOR BERKSHIRE.

Has known Mrs. P. 24 years, having the greater part of that time, lived in Mrs. P's neighbourhood, from all I saw or heard of her conduct and character during that time, I conceiv'd her to be a person of honorable and religious principles, incapable of an act of dishonesty; Mr. P. is a man of fortune.

LORD BRAYBROOKE, EXAMINED BY MR. BOND.

Has been acquainted with Mrs. P. 34 years, I always considered Mrs. Perrott's character to be most honorable and unimpeachable, I know no family in the neighbourhood whose character stood higher.

MR. ANNESLY, EXAMINED BY MR. DALLAS. MEMBER FOR READING.

Have been acquainted with Mrs. P. 30 years her general character was most respectable, she was beloved by her neighbours, and no one could have any suspicion she would ever do any thing dishonorable.

JOHN GRANT, EXAMINED BY Mr. JEKYLL.

He has known her 26 years, she bore a most remarkable good character, and they were look'd upon in the neighbourhood as the most affectionate pair in it, and I really conceive there was not a neighbour in all that country, who could have any suspicion that she was capable of doing a dishonorable action; they had an ample fortune.

Mr. WISE, EXAMINED BY Mr. PELL.

Vicar of Wargrave has known them 17 years, I have had frequent opportunities of seeing Mrs. P.--no people ever attended church more punctual; I always believed her a most respectable woman, and that she and Mr. P. were an example to the parish of moral & religious duties, and by no means capable of being guilty of any dishonest action.

Rev. Mr. WAKE, EXAMINED BY Mr. BOND.

I am curate of the parish in which they live at Bath, have been acquainted with them 8 or 9 years, from the time I became curate I have been pleased and surprized at their constant attendance at church, and have always admired the religious habits and conversation of Mrs. P.--if I had been desired to name a person capable of a deed so foul as that imputed to Mrs. L. P. she would have been the last person.

WINTHORPE BALDWIN, ESQ. EXAMINED BY Mr. DALLAS.

I have been well acquainted with both several years, I have always heard the best of characters of her, as most affectionate to her husband, free from levity, vanity and extravagance, and incapable of committing a crime of this sort.

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