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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.


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