About half past Seven o’Clock, the Priſoner, attended by a number of Ladies, walked from their Lodgings at the London-Inn, in two or three different Parties, to the Aſſize Hall, where they waited in the anti-room to the Grand Jury Room, till the Judge came, about Eight o’Clock. She then went into the Priſoners Pen, accompanied by her Huſband and ſeveral ladies. Mrs. Leigh Perrot appeared very pale and emaciated, between 50 and 60 Years of Age. She was dreſſed in a very light lead-colour Peliſſe, a Muſlin Handkerchief on her Neck, with a Cambric Cravat; her hair of a dark brown, curled on her Forehead; a ſmall black bonnet, round which was a purple ribbon, and over it a black lace veil, which was thrown up over her head; while the Jury was called and ſworn, ſhe appeared perfectly calm and collected, converſing with her Counſel and Friends.——The Indictment conſiſted of four Counts, varying the owner of the Property charged to have been ſtolen. Her Counsel requeſted ſhe might be allowed a chair, which was granted.
THE PROSECUTION HAVING BEEN OPENED BY Mr. BURROUGH, ... Mr. GIBBS STATED THE CASE FOR THE PROSECUTION.
That on the 8th of August, the lady at the bar came to the shop of Elizabeth Gregory, the prosecutrix, in Bath-Street, Bath, where having purchased some black lace, she contrived whilst the shopman Charles Filby, who had been serving her, was gone to procure change of a five pound note she had given him, that she took from a box at the end of the counter, furthest from that at which they had been standing, a card of white lace, that Filby saw her take it, that he would swear it was not by mistake put into the paper parcel of black lace he gave her, that Sarah Raines would confirm him in this; that Elizabeth Gregory seeing the prisoner pass by her shop, in about 20 minutes after, and walking with her husband, went out and accused her of having the lace, that she denied it, but said if it was in the parcel, the shopman must have put it up by mistake, that the parcel was examined and the white lace was found in it; Mr. Leigh Perrott readily told his address; the parcel was not in the state when found in Mrs. Perrott’s possession as it had been folded up by Filby for her; and that they, Gregory and Filby, went immediately before the Mayor, to lodge an information, but in consequence of the number of Soldiers who were passing through Bath, for the expedition in Holland, the magistrates could not attend to them ’till the week following.—These were the leading facts of the case, for the prosecution.
ELIZABETH GREGORY, EXAMINED by Mr. BURROUGH.
On the 8th. of August, kept a haberdasher’s shop, in Bath-Street, Bath, had an apprentice, named Sarah Raines, a shopwoman, named Leeson, and a journeyman, named Charles Filby, he had liv’d with her about 6 months, at 50 guineas a year; shop, fronts Bath-Street, and as you enter the shop from Bath-Street, on the right hand there is a counter, beyond the counter and at a little distance from it is a desk; on the left hand there is another counter, towards the further part of which, from the door, is a brass railing, upon which goods are sometimes hung; from the entrance to the brass railing, there is about 2 yards and half of counter, and about the same length of railing, at the bottom of the left hand counter is a door, which goes down stairs. On the 8th. of August, Mrs. L. P. came to the shop, between one and two, ask’d to look at the black lace which she had seen the day before, and if the lace expected from town had arrived? Witness said no, shewed her the black lace, which she took down on the counter, at the further end of the brass railing; on the brass railing, veils, shawls and handkerchiefs were exhibited, with which it nearly covered, so that they intercepted the view; at the time witness brought the black lace to Mrs. Leigh Perrott, she was standing at the further end or bottom of the counter, on the outside, and witness on the inside, Mrs.
P. fixed on some of the black lace, at that time Filby was at the top, or upper end of the counter, on the left hand side, measuring white Lace, they were then taking stock; when Mrs. P. had fixed on the black lace, witness called Filby to measure what was sold her, which he came down the counter to do, he then stood at the bottom of the counter, and in the inside, witness went to the desk, leaving Filby measuring the lace; afterwards she ordered Sarah Raines to clear away the box from counter, which she did, witness sat down at the desk, her face to the counter she had just left, she could see to the end of the shop, and whilst sitting there Filby came for change of a five pound note, given by Mrs. P. in payment of one pound nineteen, for the lace, gave him the change, which he took back to Mrs. P. Witness
then went down to dinner, could not say at the time she was going down, where Mrs. P. was, only knows she was gone from the bottom of the counter; little business at that time of the year is done in Bath; no goods were on the right hand counter, nor on the left hand counter, but the veils, &c. on the railing, the box at which Filby had been employed at the upper end, and the box of black lace, taken down for Mrs. P. Sarah Raines at this time was down by the desk, and Miss Leeson was in the shop; Filby shortly afterwards came down stairs, then witness in about ten minutes went back to the shop, saw Mrs. P. pass by the shop in about a quarter of an hour.
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.