Elizabeth Wylie

342

Maureen Withey on 30th March 2024

On 8 Dec 1790, (in the supplementary material of the Old Bailey) Elizabeth Wyley was one of several prisoners, whose Death sentences were commuted Transportation for Life. Her original Trial at the Old Bailey, 9 December 1789. 7. ANN TAYROR and ELIZABETH WYLIE were indicted for feloniously stealing, on the 1st of December , four pieces of cambrick, containing thirteen yards, value 3 l. the property of Ann Tapp , and Anna Maria Tapp , privily in their shop . ANN TAPP sworn. I live in St. Martin's-lane ; I keep a muslin and ready made linen warehouse ; on the 1st of December, I lost four papers of cambrick; there was nobody in the shop, but the prisoners; they came in to buy a neckcloth; and when they were paying for it, they came to look at another neckcloth that lay in the window; two other women came in, while they were in the shop; I turned round to speak to them other women, and I thought I heard something move, while I was speaking to them; I fancied they took the cambrick; I missed it directly; my father came in; I told him; and what passed after, was between my father and them. Mr. Garrow, Prisoner's Counsel. How long before, had the other women came in? - While they were chusing the first neckcloth, which the prisoner Taylor bought and paid for. Was your father in the shop? - No. I believe you gave a signal for your father to come? - I gave no signal at all; he happened to come. Did your father desire these two other women to appear before the magistrate? - No, they did not. You was before the magistrate that evening? - I was. Did you, or not, to any body before the magistrate, express your opinion, that the other two women had taken your property? - No, indeed I did not. Recollect yourself? - I did not. Do you recollect speaking to a person of the name of Roberts, belonging to the gaol? - I did not. You did not say any thing in his hearing? - Yes, I might. You did not, however, say, that you had reason to believe that the other two women stole your cambrick? - I did not. The prisoner Taylor bought some cravats? - She bought one, and paid for it. Do you remember some papers being picked up on the floor? - There were some papers picked up; it was the papers of cambricks; the papers in which these cambricks were contained. I believe you said that was immaterial, these were only waste papers? - I never said so; somebody said it, but I cannot say who. But these papers contained the very cambrick that you were in search after? - They did so. You know that this indictment imputes a capital offence to each of these prisoners? - I do not know the manner of an indictment at all. You did not know, perhaps, that this indictment affected the lives of the prisoners? - I did not; I should be very sorry. I verily believe it; there are many reasons why you should be sorry; I believe before the prisoner Taylor had well got to the window, you asked her some such words as these; you asked her to give you the cambricks? - I did not. What did you first say to her? - I told her that either one or the other must have taken the cambricks; I never said I will thank you for these cambricks; she said, she had no cambricks. In point of fact there was no cambricks in her possession? - There was not. Your father has been in very distressed circumstances: on the oath you have taken, is this trade carried on for your sole benefit; or whether it is not for your father's? - It is not; it is for my sole benefit, and my sister's; her name is Anna Maria , my name is Ann. You are in partnership? - Yes, she is in partnership with me, and no other person; my father has no interest in the business at all but what I chuse to give him; it is one thing to assist a father who is in distress, and another to be a partner. Did not your father set you up in this business, and has not he a right to demand against you and your sister a certain proportion of the profits of this trade? - It is not so; it never was so; the trade is quite independent of my father; he is not answerable for any thing that goes in, or any thing that goes out. How many more persons were in at the time this happened? - Nobody but myself. FRANCIS TAPP sworn. On the first of this month, I heard a noise in my daughters shop; I went to see, and I saw four women in the shop, two of which she told me had taken four pieces of cambrick; they wanted to go out, and I would not let them; the two women that came in last were standing by the door, and the two that we supposed the cambrick was upon, were standing one behind the counter, and the other at the shop door; I pulled them away from thence, and put them into the middle of the shop; after they were there I observed to all the four that there was nothing dropped about the counter, or any part of the floor, it was all clear; I knocked my foot for the servant, to send for a constable; the servant did not come; I ran across the shop to the bell, and she came; we got a constable; he brought Mr. Thomas Mumford , and just as he came in one of the women that sat by the fire side came to me, to ask me to let her go, she knowing nothing of them; and during that time, the two prisoners ran up to the counter; one of them said, Lord bless me! here is some waste paper lays; I pulled the prisoner Wylie away, but to say which of them dropped it, I cannot say; it was between them both; that was the opposite side of the counter; I told them that was the very thing they had been challenged with; upon that, the prisoner Taylor desired I would take them up; I told her, no, I would wait now the constables were coming in; but one of them took them up, I do not know which; the constable came in; and he said, it was very necessary the stuff should be measured, and the papers marked; I marked thirteen yards. Court. What is the worth of it? - Three pounds. Mr. Garrow. Are you any judge of its worth? - No. Court to Ann Tapp . What is that cambrick worth? - It is worth three pounds and no more. Mr. Garrow. Was it by your desire that this indictment was laid capitally? - No. Every thing considered, I should have been surprised; I thought it could not; I believe you desired the other women to attend at the magistrates? - I did. They did not attend? - They did not. Do you recollect saying to any body that you had let the guilty persons escape? - I never said any such thing. Never to a man of the name of Reeves? - I believe I know one of the other two persons; it is some years since I saw her; I did know her as a neighbour. When you lived in the Strand? - Yes, I am not sure whether she is the person or not. How came you to be at your daughters? - I board with my daughters; I was in the house, in the room backwards. What share of this trade have you? - None, not the least in the world. I know you are not in a situation to avow that you have? - As to my situation I beg of you not to tell me of that. I know very well that you cannot at present legally possess any property; but I ask you, is there not an agreement between you and your daughters, that you are to have a share in the profits of this trade? - There is not, upon my oath, any agreement in no share of the profits, any more than an utter stranger. (The property produced and deposed to.) This is my property; it was in the shop at the time; it was what I missed. Prisoners. Did not Mr. Tapp say at the Justice's, that he thought we were innocent, and wished to have us discharged? - By no means; I never said they were innocent; I cannot say but I said at the Justice's that there was a possibility of mistaking, but I never said they were innocent. The prisoner Wylie called two witnesses to her character. BOTH GUILTY, Death . They were humbly recommended to mercy by the Jury. Tried by the second Middlesex Jury before Mr. Justice ASHURST. Digitised Indent of ship Mary Anne. Elizabeth Wylie, Ann ux Thos. Jackson, Mary Talbot, Sophia Jones and Elizabeth Asker, tried Old Bailey, Middlesex, 8 December 1790, Transported for Life.