Report of R. Beatniffie on Robert Nettleton and Elizabeth Nettleton, indicted at...

Report of R. Beatniffie on Robert Nettleton and Elizabeth Nettleton, indicted at the adjourned Kingston upon Hull Quarter Sessions, in the East Riding of Yorkshire, on 12 October 1784, for stealing, 5 silk handkerchiefs, value 10d, property of John Hayward and George Baldwin, shopkeepers, on 8 September. Robert Nettleton was also indicted for stealing 12 pairs of scissors and 6 pairs of candle snuffers, value 10d, property of Thomas Garton. It appears from the evidence given on trial that the prisoners visited the shop of Hayward and Baldwin, where the prisoner upon request was shown a parcel of silk handkerchiefs, she bought one for 16d then took 5 more and hid them under her cloak. Robert Hayward alerted the shopman Samuel Nicholson of the theft. Both searched the prisoner and on discovery of the handkerchiefs her husband John Nettleton appeared much 'fluttered'. Robert Nettleton was also indicted, on 10 September, for stealing from the shop of Thomas Garton, on 7 September. On Robert Nettleton's (second and individual) indictment, Thomas Clay served the prisoners. Both prisoners were present and bought 1 pair of scissors, but stole 12 pairs of scissors and 6 pairs of steel candlesnuffers. Chief Constable Mr John Clarkson was in possession of the parcel and the goods were recognised by a 'private mark' on them as the property of Thomas Garton, shopkeeper. The prisoners before being taken into custody at their home threw the bundles into a close adjoining to the house. Evidences supplied by Robert Hayward, Samuel Nicholson, Anthony Wyatt, constable[?]; John Hayward, Thomas Garton, Thomas Clay, apprentice to Garton) and John Clarkson, chief constable. Grounds for clemency: the judge informed the jury that although the goods were taken by the prisoner (Elizabeth) in company with her husband (John) the law would presume that she 'committed the fact thro his coercion and therefore', it might be proper to find her 'not guilty' unless they (jury) suppose that it was entirely her own act without the interposition of her husband. Initial sentence: John Nettleton - 7 years transportation; Elizabeth Nettleton - to be privately whipped. Recommendation: none made.

Folios 240-242.