Mary Davis

135

C H on 21st February 2024

Old Bailey Online MARY DAVIS. Theft; burglary. 12th September 1787 Text type Trial account Defendants MARY DAVIS Offences Theft > Burglary Session Date 12th September 1787 Reference Number t17870912-49 Verdicts Guilty > Lesser offence Punishments Transportation 719. MARY DAVIS was indicted for feloniously and burglariously breaking and entering the dwelling house of Joseph Harrison , about the hour of two in the night, of the 30th day of August , and stealing therein, one cotton gown, value 5 s. three linen table cloths, value 9 s. half a yard of check linen, value 6 d. one muslin half handkerchief, value 2 s. one child's linen robe, value 3 s. one child's muslin frock, value 3 s. four silver tea spoons, value 8 s. one pair of base metal shoe buckles, value 2 d. and one linen pocket apron, value 6 d. the goods of the said Joseph Harrison . There was a second count, charging that the prisoner being in the house, and having stolen the said things, did afterwards at the same time, feloniously break the said house, in order to get out of the same. JOSEPH HARRISON sworn. I keep the White-horse, by Clements-inn fore-gate ; I fastened the house when I went to bed on Friday morning, the 31st of August, my wife and I went up stairs together; she saw me fasten the doors as I always do, and I lost all the articles mentioned in the indictment; I cannot say who stole them; my spouse saw them the next morning, I did not. Where did you first see them after they were lost? - At my own house, the patrol brought them, Joseph Dodds, the same day in the best of my knowledge in the afternoon, I had given out hand-bills of the robbery; the things were all in the bar; the prisoner was a servant in my house about two months, and left me; I never saw her since she left the house to my knowledge. ESTHER HARRISON sworn. I am the wife of Mr. Harrison; I went up to bed with my husband, on Friday, the 31st of August, at one o'clock; I am sure he fastened the street door, and I fastened the bar myself. Describe the bar, is it a room cased in with a casement round it? - It is separated from the tap by a window, and the door is made to hinge on. Was the hinge on, and fastened when you went to bed? - Yes, I fastened it myself; when I came down, there is a little stool that stands in the bar, that was put on the outside of the bar, which I tumbled over, and I said to the girl, I am afraid there has been somebody in the bar: it was between five and six. In August, it had been light some time before that? - Yes; I found the top of bar unbolted; I missed my child's things the first thing; next all the things mentioned in the indictment; I brought them down to wash the next day. To Dodds. Did you find the articles mentioned in this indictment upon the prisoner? - Yes. (The things valued at one pound nine shillings.) The street door being unbolted, it must be unbolted within, must it not? - Yes. Did there appear any marks of violence about the door without or within? - No. I suppose there was a good deal of company in that room that night? - Yes. Did you walk into the tap room before you went up to bed, to see whether there was any body in the tap-room? - Yes, there was nobody there. When once the door that leads to the tap room was open, the prisoner could very easily get to the bar? - Yes, the bar is by the passage before you come to the tap room. You are sure no person was in the one or the other that night when you went to bed? - No. Did you observe any part of your house, any window, or any place broke? - No, there was a pane of glass in the bar had been broke some time. Was that adjoining to the street door? - Adjoining to the bar, looking into the tap room, and by putting her hand through that pane of glass, she might reach the bolt of the tap room; there was nothing at all broke as I could see; I cannot say how she got in or out. How long had this girl lived with you? - About two months. Had you lost any thing during that time? - No. What servant was she? - In the public way, to get pots in, and clean the house; I only kept one, and a boy. JOSEPH DODDS sworn. I am a patrol; the prisoner was stopped by the watchman, and brought to the watch-house; the watchman who stopped her is here; his name is Deacon; I was at the watch house at the time, about a quarter before three. Whereabouts is your watch? - At the top of the parade, in St. Sepulchre's church-yard. How far is that from the prosecutor's house? - Half a mile. Was it day-light? - No. Was not there light enough to distinguish the prisoner's face? - No, not till she was brought by the candle. Was any thing brought with her? - This property. (Producing it.) Who had the property, the prisoner or Deacon? - The prisoner, I took it from her myself; there are the things all in the same state; these two table cloths she had pinned about her, and the rest of the property was wrapped up; she had the gown on, and likewise the pocket apron. Was it a cotton gown? - Yes, it is here; the spoons and the buckles were in her pocket; I told her the gown did not belong to her; she said it did, and I took the gown, and the pocket apron off from her, the next day at Guildhall. JOHN DEACON sworn. I am a watchman; on the 31st of August, about three in the morning, I met the prisoner in Fleet-lane, Fleet-market, with a bundle; I asked her what she had got; she said she had got some bread; she had the best part of a quartern loaf; I asked her what else she had; she said two or three things; I wanted to know what it was; she undid her apron, and I took two or three of the things out, and put them in again, and said she must go with me to the watch-house. Were the things in her apron? - Yes, except the coton gown that she had on. Was there any linen table cloths in her apron? - Yes, and half a yard of check linen, and the rest of the linen was in her apron. What did you do with these things? - I took her to the watch-house, and the patrol searched her, and found the property on her, and he kept them till such time as she was taken before the magistrate. Dodds. They have been in my possession ever since. (The things deposed to Mrs. Harrison.) PRISONER's DEFENCE. I was going along Drury-lane, about one in the morning, the morning I was taken by the watchman, and I met with a woman, she asked me to go, and have something to drink, and she told me to wait there till she came, as she was going for some things; I staid there till two, and she did not come back; then I went away, and as I was going up Wych-street from Drury-lane, I met her with these things; I sat down, and she put them in my lap, and pinned the two table cloths before me; she bid me put the gown and the apron on, and I did so; and as I was going home, the watchman stopped me, and took me. Court to Deacon. Had she any woman with her? - Yes, and please you, my Lord, I met a woman just before I met her. Were they in conversation? - When I met the first woman, she had got nothing as I could see, and I let her pass. Answer my question, were they in conversation together? - She called to the other. Then the other woman was before her? - Yes. What became of her? - She went away. Did the other woman make reply at all? No, she went off immediately; she only called to her by her name Bet, to the best of my remembrance, but the other never offered to come back. GUILTY Of stealing only to value proved . Transported for seven years . Tried by the first Middlesex Jury before Mr. ROSE.I

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Glen on 5th May 2018

One of two Mary Davis' who arrived in NSW on Lady Juliana in 1790. This Mary(1) was tried at Middlesex Gaol Delivery 12 Sep 1787 and was aged 38 in May 1789. Along with another Mary Davis(2) she was transferred to Newgate Gaol, from which they both were transferred to Lady Juliana for transportation. The two Mary's are distinguished by quite different ages. Mary #2 being only 17 in 1789. Information per list of female convicts on Lady Juliana in Long Reach for Port Jackson 21 May 1789, CO201/4 105