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, (the witness shewed the way with another piece of paper, in which he had folded it) 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.
Smith had left Bath before witness was hired by Mrs. Smith: the goods were the property of E. Gregory, Mrs. Smith was in Cornwall: witness was brought up in the haberdashery line, was a journeyman once in St. Paul’s Church-Yard: never had dealings with one Crouch, a pawnbroker: never brought goods to Crouch: was not in the house of Moore and Terry, but was a partner with Terry, who is now gone to Lisbon; they, when together, sent hard-ware to Lisbon, but never himself saw or knew any thing of the goods sent: never look’d into the books, though a partner; their goods sent to Lisbon were bartered for goods; goods were got by them in the City and Birmingham: never dealt with one Caldwell; if Caldwell sent goods through their hands to Lisbon, he knew nothing of it, Mr. Terry alone managed the books, at length they were bankrupts, afterwards became partners with one Crout about 5 months after the said bankruptcy; they were together about 18 months, then this house also was a bankrupt, his certificate is signed yet only by 7 out of 10 creditors; before Christmas there was no name to the certificate, the certificate was never refused by any one; he believes his creditors and commissioners were satisfied, but he believes the solicitor to the commissioners was not: being the confidential servant of the shop, he took the best care he could of every thing: does not know he ever put up in a parcel more things than had been purchased: knows now a Miss Blagrave, and recollects when once she purchased a veil at the shop; this happened after Mrs. P’s affair, he put up Miss B’s veil, Miss B. came back the next morning, and asked if he remembered serving her with a black veil the night before; he said yes, she said you ought to be very careful after Mrs. P’s affair, how you do such things; when the veil came back, received it, would not have received the veil if he had not imagined it belonged to the shop: did not tell Miss B. that he had not put up the veil, thinks he told her he did not put it up: knows of no other instance: knows of no person of the name of Kent, who deals in their shop, or any lady who bought gloves in her shop some days before Mrs. P. was there: will say upon his oath that no person complained a few days before that more gloves were put up in a paper than she had bought, very few customers came there at that time, still recollects that nothing of the sort or that any lady cautioned him, but cannot possibly say it did not happen: put the 6th card the left hand corner of the box, and is sure of it, because there was a vacancy in the box when he came to look into it: Miss Raines and Miss Leeson were in such a situation as not to be able to see Mrs. P. is positive Mrs. P. had a cloak on, under which he saw a corner of the card: when he brought back the change Mrs. P. had the black lace in her hand: is positive she did not put the money in her purse: Paragon-Buildings is about a quarter of a mile from the shop: saw her in 20 minutes after it was served; there was time for her to have gone home had she liked it: was in the kitchen about 5 minutes, when he returned he saw Miss G. in the shop, with the card she had taken from Mrs. L. P.