The Sun.
London, England, 1801-12-07 00:00:00

b itl L PY.

FOTJR,TiI DAr.-SATVRDAY)

lohtt Ma the rh*eail Was. • indicted for 'stealing on
the 24th of 04tober zq lbs. weight of beef, the pro-
perty of Wm. "Barnard,---dtd;.'

Elizabeth. Graves, all'as French, was charged. with
a, capital offence, in burglariously entering the
dwelling house Of Josiah Powell on the z9th of
May last, and stealing therein three._ silver. table
spoons and other articles, - together with a quantity
of wearing apparel,..his property, and also several
articles, of the last mentioned kind of property; be-
longing to ,Margaret Harris. •
The.Pfi4Ont, t appeared, had some time before
theaffaV'happe.sied, lived as servant with the.. Prose-
cutor—about six o'clock in'the morning of the z9th
of May, in consequence of some information he re-
ceived front Margaret Harris, his then maid-ser-
vant, he went down and examined the house ; -he
went into the yard, and -there observed, that the
lead-light was' taken out of the cellar window_, and.
two small iron -bars which had been placed acrqss
had been wrenched : these, the Prosecutor stated,
left an opening, through which a middle-sized per-
son could easily-get into the house. He was, posi-
tive, that every thing had been right the over-
night, as it was his general custom to examine the
doOrs) &c. of the house. every -night before going
to bed ; on further examination, the articles laid in
Indiament were missed. In a short time, the sus-
icions 'of Mr. Powell fell upon the Prisoner, who
lad quitted his service, about a year, and a search-
ivarrant was obtained. On searching, what were
asserted to be the Prisoner's lodgings, (ncrclitea
legal evidence appeasing that they were so) ' a small
part of the ,wearing-apparel was found.
The- Prisoner, who seemed to be long under the
'pressure of distress, being called on for her defence,
appeared much aff,!ded, and with - -profusion- of
tears acknowledged;` she " knew not What to say.'.'
--No witnesses appeared in her behalf.
The RECORDEIt, in the course of his charge to
the Jury, observed=--They could 'easily satisfy
their minds by putting-the capital part Of :the charge
against the Prisoner (as the whole value ofthe•at:.:-
tidies stolen was less than-465.), namely"-that-of the
burglary, out- of the question, as-no proof svlatever.
Obtained of the entry haVing: taken 'Pace in-7the
night-time. With respe& to the question ofsteal,.:
ins, 'there was nothing adequately proved against
the Prisoner, but 'fhb poiSeSsion of the silver spoons-, •
,which ghe had pawned. It was a principle in the
laW; that when stolen property was ft-And:on per-
son within a reasonable distance. of time, and 'the
party not
.giving a reasonable account thereof. it
was 'presumptive evidence that such person had
stolen them : hOw far this Maxim ...Would ap.:
ply in the present case, the Jury would judge
from a scrutiny of the evidence ; they -,would con-
sider that, though .the house was Certainly broke
open, there was no proof that the Prisoner had been
near the spot, nor ,was there any thing against her
but the spoons. With respeA to the probability. of
the Prisoner having- received them, a .coovidion
could not take place under the present Indidment.
The jury, after a short conference, pronounced
the Prisoner—Not Guily.
The RECORDER admonished the Prisoner as to
her future condu6l--adverted to her recent e foam
and added, that he was satisfied she had made some
very bad connections, whom, if,,,she did not take
very great care, she would, most probably,. follow
to the gallows.