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Hanged for Shoplifting, Being a True History of Mary Jones’ Sad Life and Death

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An Impossible Wish

Between heart-wrenching sobs, Mary poured out what had been troubling her since Abby’s birth. The baby had not been christened! If she died, she would be denied Paradise! Ann tried to calm her and asked why not have her christened at once? Mary, crying and sobbing explained that she had been to the parish church, St. Andrew by-the-Wardrobe near Puddle Wharf and spoken to the Rector, pleaded her poverty. and he was willing to do the whole service for two shillings eight.

“Well that’s fine,” said Ann, feeling sympathy for her friend's concern. “Ye surely have that much saved and I be able to pitch a little.”

“Ye are a true friend, too kind and too generous by half. But me savings is most piteous. And the Parish ain’t the whole problem. A wee babe just mustn’t be presented before God without a fine, proper christening dress. I’s checked the shops and the least dear proper dress would call for five Bob!”

Ann tried to argue that a dress wasn’t that important, but Mary wouldn’t be moved. Her parents had always said so, so it must be true! After an hour, she gave up and let Mary cry as she went back to her sewing. Then it came to her!

“Mary! I’s got the grandest idea! I’m gotten ever so good at this sewing. I’ll sew up a proper dress for little Abby!” Mary stared open-mouthed. “Deed I could! If you just gets the fabric, I’ll sew up a dandy dress for the babe!”

Mary was overwhelmed with gratitude, hugging and kissing Ann for all she was worth. Then she hesitated a moment. “What would them’s shops want for the material?”

“Not much over a Bob, I think. Never be more than one and six! You just keep saving up. I can help with a few pence of a loan if you ever needs it.”

Mary smiled at her friend’s goodwill and generosity. But a shilling seemed unreachable. She didn’t want to hurt Ann’s enthusiasm, so she asked, “Where’d we buy such fabric?”

“Oh, Lordy, there are ever so many fabric shops up on Ludgate Street, west of the Cathedral. By mid-month they lay in new goods, so they usually offer some reduced in the next week. Wednesday, the 7th, I’s got no plans. Us two’ll go up there and shop around like fine ladies. It’ll be grand!”

Mary said nothing to discourage her friend’s joy. She resolved that she would try harder tomorrow to raise money.

However, the next day was her worst for a long while. The people on the street were getting to know her and tire of constant begging. Some of the young, topping men would even cuff her ears and tell her to go back to her brothel with her bastard baby. Others would no longer pay for a tit feel and insisted in real sex, which she would not -she could not - consent to. That day and the next, she brought so little home that she gave it all to Ann. By the time Tuesday evening came around she had two-shilling nine, not enough for the christening and the fabric. She couldn’t bring herself to tell Ann and just went along with the plans for a stroll to Ludgate Hill the next morning.

An Awful Decision

All night Mary tossed and turned, worrying about the next day shopping. She simply didn’t have enough money for the christening. She couldn’t keep postponing it. Just yesterday, little Abby had a small cough. Children could be snatched away so quickly! Her mind raced feverishly.

But she only had a few pennies to buy fabric. Toward morning, no longer able to think clearly, Mary made a decision. She would steal the fabric. She had always been a very honest person and would rather starve herself to death then steal. But this wasn’t for her, it was for her child’s immortal soul! Anyway, they’d stolen her William! Mary swore to herself that she would pay back the merchant as soon as she could. But for now, she’d shoplift a little fabric and protect her child.

Was it wrong for Mary to decide to do this? Of course. She knew it. But she wasn’t thinking straight. Who out there has ever had a young child threatened with death? That was exactly how it seemed to her! What would you do to save her or him? Would you risk yourself? Would you break the law? To Mary, in her faith, she was saving her child’s life in heaven.

Oh, Fateful Day!

August 7th, 1771, dawned bright and sunny in London, temperature mild for a summer day.

Was August 7th an ill-starred day? 117 years later, Jack the Ripper would slaughter his first victim, Martha Turner on this day, just off Whitechapel High Street where Mary had started out on her way to Ann’s. Was there an evil lurking there which attached to Mary and later to Martha? On this day 211 years earlier, Hungarian countess Elizabeth Báthory, who purportedly tortured and murdered hundreds of young women in the 16th and 17th centuries, was born.

August 7th was certainly an ill-fated day to shoplift on Ludgate street. There had been a spate of shoplifting incidents in the Ludgate Street area of London during the summer of 1771. Several instances in the last week had roused the shop keepers to a high alert and one, especially, was keeping watch for suspects anywhere on the street.

Just after nine in the morning, Ann and Mary with Abby in her arms (Jean was left with a neighbor) sailed forth from Angel Alley, headed north and west to the shops. They went across Knight Rider Street, then Little Carter Street and to St. Paul’s Churchyard Lane and past the tall spires and dome of St. Paul’s Cathedral, gleaming brightly in the clear morning sun. Walking along on a beautiful morning, Ann was chattering away with great enthusiasm and Abby was cooing happily. Mary, however was very reserved, guiltily pondering her intended crime in her heart.

The three exited the church ground onto Ludgate Hill Street. The gate in the ancient wall surrounding the city, was gone now, demolished in 1760. Prior to that, a gate had guarded the approach to the city over the Fleet River since Roman Times. Though various theories have been advanced for the name, Ludgate, most now believe it is a derivation from “flood” or ‘fleet (as in tidal and the origin of the name of Fleet River), gate. By 1771, Ludgate street and the continuation, Ludgate Hill, was a major thoroughfare in the heart of London.

Walking up to Ludgate Street, they went in and out of several shops. Ann and Abby were having fun together making faces and laughing, and Mary was stalling, praying to avoid stealing, but with no idea how not to.
 
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I have spent so much time poring over maps of 18th century London, that if you plopped me down in St. Paul's churchyard in 1750, I could probably find my way to almost anywhere in that city. Though my clothes, and, especially my accent, would mark me as an alien, even possible to be taken for a Scot!:eek:. I hear that was a hanging offence in London in those days!:p
Yankee Doodle came to London
Riding on a pony,
Stuck a feather in his cap
And called it macaroni.

that, or similar, would no doubt have been sung by street urchins as you passed by.
Indeed being mistaken for a Scot would have been dangerous (still can be!)
but I think you'd more likely have been taken for a west country man -
I think writers at that time commented on the American colonials sounding like folk from those parts
(which of course many of you did come from)
 
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An Impossible Wish

Between heart-wrenching sobs, Mary poured out what had been troubling her since Abby’s birth. The baby had not been christened! If she died, she would be denied Paradise! Ann tried to calm her and asked why not have her christened at once? Mary, crying and sobbing explained that she had been to the parish church, St. Andrew by-the-Wardrobe near Puddle Wharf and spoken to the Rector, pleaded her poverty. and he was willing to do the whole service for two shillings eight.

“Well that’s fine,” said Ann, feeling sympathy for her friend's concern. “Ye surely have that much saved and I be able to pitch a little.”

“Ye are a true friend, too kind and too generous by half. But me savings is most piteous. And the Parish ain’t the whole problem. A wee babe just mustn’t be presented before God without a fine, proper christening dress. I’s checked the shops and the least dear proper dress would call for five Bob!”

Ann tried to argue that a dress wasn’t that important, but Mary wouldn’t be moved. Her parents had always said so, so it must be true! After an hour, she gave up and let Mary cry as she went back to her sewing. Then it came to her!

“Mary! I’s got the grandest idea! I’m gotten ever so good at this sewing. I’ll sew up a proper dress for little Abby!” Mary stared open-mouthed. “Deed I could! If you just gets the fabric, I’ll sew up a dandy dress for the babe!”

Mary was overwhelmed with gratitude, hugging and kissing Ann for all she was worth. Then she hesitated a moment. “What would them’s shops want for the material?”

“Not much over a Bob, I think. Never be more than one and six! You just keep saving up. I can help with a few pence of a loan if you ever needs it.”

Mary smiled at her friend’s goodwill and generosity. But a shilling seemed unreachable. She didn’t want to hurt Ann’s enthusiasm, so she asked, “Where’d we buy such fabric?”

“Oh, Lordy, there are ever so many fabric shops up on Ludgate Street, west of the Cathedral. By mid-month they lay in new goods, so they usually offer some reduced in the next week. Wednesday, the 7th, I’s got no plans. Us two’ll go up there and shop around like fine ladies. It’ll be grand!”

Mary said nothing to discourage her friend’s joy. She resolved that she would try harder tomorrow to raise money.

However, the next day was her worst for a long while. The people on the street were getting to know her and tire of constant begging. Some of the young, topping men would even cuff her ears and tell her to go back to her brothel with her bastard baby. Others would no longer pay for a tit feel and insisted in real sex, which she would not -she could not - consent to. That day and the next, she brought so little home that she gave it all to Ann. By the time Tuesday evening came around she had two-shilling nine, not enough for the christening and the fabric. She couldn’t bring herself to tell Ann and just went along with the plans for a stroll to Ludgate Hill the next morning.

An Awful Decision

All night Mary tossed and turned, worrying about the next day shopping. She simply didn’t have enough money for the christening. She couldn’t keep postponing it. Just yesterday, little Abby had a small cough. Children could be snatched away so quickly! Her mind raced feverishly.

But she only had a few pennies to buy fabric. Toward morning, no longer able to think clearly, Mary made a decision. She would steal the fabric. She had always been a very honest person and would rather starve herself to death then steal. But this wasn’t for her, it was for her child’s immortal soul! Anyway, they’d stolen her William! Mary swore to herself that she would pay back the merchant as soon as she could. But for now, she’d shoplift a little fabric and protect her child.

Was it wrong for Mary to decide to do this? Of course. She knew it. But she wasn’t thinking straight. Who out there has ever had a young child threatened with death? That was exactly how it seemed to her! What would you do to save her or him? Would you risk yourself? Would you break the law? To Mary, in her faith, she was saving her child’s life in heaven.

Oh, Fateful Day!

August 7th, 1771, dawned bright and sunny in London, temperature mild for a summer day.

Was August 7th an ill-starred day? 117 years later, Jack the Ripper would slaughter his first victim, Martha Turner on this day, just off Whitechapel High Street where Mary had started out on her way to Ann’s. Was there an evil lurking there which attached to Mary and later to Martha? On this day 211 years earlier, Hungarian countess Elizabeth Báthory, who purportedly tortured and murdered hundreds of young women in the 16th and 17th centuries, was born.

August 7th was certainly an ill-fated day to shoplift on Ludgate street. There had been a spate of shoplifting incidents in the Ludgate Street area of London during the summer of 1771. Several instances in the last week had roused the shop keepers to a high alert and one, especially, was keeping watch for suspects anywhere on the street.

Just after nine in the morning, Ann and Mary with Abby in her arms (Jean was left with a neighbor) sailed forth from Angel Alley, headed north and west to the shops. They went across Knight Rider Street, then Little Carter Street and to St. Paul’s Churchyard Lane and past the tall spires and dome of St. Paul’s Cathedral, gleaming brightly in the clear morning sun. Walking along on a beautiful morning, Ann was chattering away with great enthusiasm and Abby was cooing happily. Mary, however was very reserved, guiltily pondering her intended crime in her heart.

The three exited the church ground onto Ludgate Hill Street. The gate in the ancient wall surrounding the city, was gone now, demolished in 1760. Prior to that, a gate had guarded the approach to the city over the Fleet River since Roman Times. Though various theories have been advanced for the name, Ludgate, most now believe it is a derivation from “flood” or ‘fleet (as in tidal and the origin of the name of Fleet River), gate. By 1771, Ludgate street and the continuation, Ludgate Hill, was a major thoroughfare in the heart of London.

Walking up to Ludgate Street, they went in and out of several shops. Ann and Abby were having fun together making faces and laughing, and Mary was stalling, praying to avoid stealing, but with no idea how not to.

Foolish girl, she should have known that a childhood on the streets of London or an 18th century orphanage, while their mother lies barefoot in a pauper's grave with the noose still around her neck is worse than any horror a priest could conjure with his cruel imagination because it was very much a real possibility.
 
Yankee Doodle came to London
Riding on a pony,
Stuck a feather in his cap
And called it macaroni.

that, or similar, would no doubt have been sung by street urchins as you passed by.
Indeed being mistaken for a Scot would have been dangerous (still can be!)
but I think you'd more likely have been taken for a west country man -
I think writers at that time commented on the American colonials sounding like folk from those parts
(which of course many of you did come from)
They may have been the descendants of the those from the West Country condemned by Jeffreys after the Monmouth rebellion. Although many ended up as indentured servants in the West Indies others were sent to America.
 
They may have been the descendants of the those from the West Country condemned by Jeffreys after the Monmouth rebellion. Although many ended up as indentured servants in the West Indies others were sent to America.

In the case of the Welsh, I believe it was the so-called Rebecca Riots that had something to do with it.
 
Actually you referred to the British Museum (which is also excellent) rather than the London Museum which is much younger.

In fact, the London Museum is built on the location of the house of Sarah Sawyer, in Rose and Rainbow Court, that formed one of the earliest Quaker meetings in London (before 1655). In 1675, on her marriage, it became a dedicated meeting house, the Box Meeting, used mainly by Quaker women for poor relief.
 
Foot and Company, Drapers

Thomas Ham of Temple Bar was a shopkeeper on Ludgate Hill, a purveyor of musical instruments. He had been stung by shoplifters twice in a fortnight, and was determined to stop these outlaws in their tracks. He was having a quiet day and therefore chose to spend most of his time in his doorway, surveying the street. He noticed the two women and the child go in and out of many shops. They were dressed much more shabbily that most who shopped here and they didn’t seem to make any purchases. His suspicions aroused, he kept a close watch on them.

About two in the afternoon, the little group entered the linen drapery shop across Ludgate and a little west of Ham’s shop. William Foot, Thomas’ friend, carried principally cloth and fabric but had a small inventory of completed dresses. Mary, as she had in the other shops, expressed interest in buying a child’s christening dress. Mr. Foot, observing the poor raiment of the shoppers, brought out his lowest cost dress, a simple piece with brocade decoration for six pounds. Although Mary admired the fabric, she said it wasn’t what she wanted.

Foot went to the rear of the shop to put the dress away. When he returned, he saw that the three were already out on the street. Mr. Foot’s assistant, Christopher Preston, said he noticed that Mary had something concealed under her cloak. With William’s permission, he sallied forth to confront the little group. He called after them, but they kept walking away. When Thomas Ham observed the commotion, he stepped out from his door and into their path to halt them. They told Preston that they hadn’t heard him. He and Ham insisted that they return to the drapery. Mary, panicking and in despair, replaced the four pieces of worked muslin which she had taken on the counter. Preston told the other assistant, Andrew Hawkins to fetch a constable while he and Thomas compelled the women to remain in the shop.

Ann indignantly berated Preston, asserting their total innocence and demanded they be free. Mary, meanwhile, watched in silent terror, holding Abby close to her bosom. A crowd began gathering outside the doorway, drawn by the raised voices.

Roger Calf, the constable arrived and pounded his staff on the ground and called loudly for silence. Mr. Foot explained what had happened and the two assistants nodded agreement. He stated that the fabric on the counter totaled fifty yards and was worth five pounds ten.

Thomas Ham added, “I seen these two going up and down the street for these last three hours. They was looking for something to lift, I swear.”

“It be clear to me,” said Calf, “privately stealing in a shop. I’m taking you both to the Wood Street Compter.”

“Don’t we gets to say our side?” cried Ann.

“I has two respectable merchants here who swears you stole. That’s good enough for me against two jades.”

Calf deputized the two assistants to aid him in getting the girls to the compter on Wood Street, West Cheape, northeast of the cathedral. There, the jailor locked them in the main cell, along with little Abby since Mary insisted that she stay with them.

Mary was horrified to see that they would be in a common cell with five other prisoners, four men and an old woman. Two of the men sat together and whispered to each other while leering at the girls. More disgusting were the two others, laying in a corner, snoring loudly and smelling of excrement and gin.

Mary and Ann retreated to the opposite corner and tried to stay as inconspicuous as possible. There they stayed until the next morning.


Compter - a local lock-up jail.

Jade – a low-class woman, a prostitute.


In Custody, August 8th


The night in lockup was like torture to Mary. Her son was with a stranger and she had no way of communicating with him. Her baby was with her, but in a filthy, unsafe jail. And she had been caught stealing. She could deny it all she wanted, but she knew the evidence was clear.

Mary, like the vast majority of Britons of that day, especially those who were not career criminals, had no concept of the law and how it worked. She knew most of what was regarded as crimes. But had no idea of how the system worked once you were arrested or what punishments were for particular crimes. She just knew she was in deep trouble and had nowhere to turn. She also felt terrible for Ann who was completely innocent, but locked up anyway. She prayed that she would be allowed to explain and apologize. After all, she had returned the fabric.

Morning came with no hope. They were left in their cell with no word on their fate. By Mid-day, Ann, who was always a bit feisty, began yelling for the jailor. After an hour of ignoring her, he appeared with a long pike in his hand.

“Stop that infernal noise new, or’in I’ll make you bleed.”

“Sorry, your honor,” said Ann in a mock serious voice. “We’s justs want to know when we leave here.”

“Tain’t my business,” said the jailor.

“How’s about some breakfast?” asked Ann sarcasticly.

“I’s gets you’re meals alright – eightpence for the two of ye.”

“You be out of your mind gaoler!” Ann said.

“Suits yeself,” the man said, turning on his heel and leaving. He knew hunger was an excellent tool for prying open even a tight purse.

A Fair Hearing

Unbeknownst to our two captive girls, a private meeting was taking place at the same time, a short way away in John Wilkes house on Panyer Alley, just north of the Cathedral. John, newly elected as one of the two sheriffs for the City of London, was meeting with Tom Ham, Bill Foot and Roger Calf. One of the duties of the sheriff was to act as charging magistrate for criminal offences in the city. As did many magistrates, John held court in his drawing room.

It might strike a modern reader as unfair and even unlawful for a hearing on the fate of our two girls to be held in private with only their accusers present. Perhaps even more so, if the reader is familiar with Wilkes, British radical, journalist and politician. A tireless defender of the rights of his constituents, he was imprisoned several times by the King and his party. But his solid base in the City meant he constantly held offices there, including, at times, that of Lord Mayor and Chamberlain.

So why would this advocate of the downtrodden side unfairly with the propertied versus the unpropertied. To understand you must listen to the words of Adam Smith, a Scotsman. A few years after this, in Wealth of Nations, he wrote:

“To found a great empire for the sole purpose of raising up a people of customers, may at first sight, appear a project fit only for a nation of shopkeepers. It is, however, a project altogether unfit for a nation of shopkeepers, but extremely fit for a nation whose government is influenced by shopkeepers."

The government of late 18th century Britain was very influenced by the shopkeepers. Keep in mind that the poor, like Mary and Ann, did not pay direct taxes. Most of the government’s revenue came from the merchant class, landlords, traders and shopkeepers and small manufactures. A radical like Wilkes might fight corruption and upper-class privilege in government, but he always looked out for the interests of the shopkeepers of London, the core of his support.

It was completely legal for the magistrate to judge the case in any manner he wished. After all, this was not a trial, just the decision whether to indict the girls, to take them to trial. And the testimony of Ham, Foot and Calf was more than enough for that purpose.

However, the Old Bailey was in recess for the late summer. Wilkes consulted the calendar and found the earliest date for a trial was September 11th. He didn’t intend to pay the upkeep of indigent women for a month, so he ordered them taken to Newgate Prison. He did feel a tinge of guilt at holding the women in a prison for five weeks. However, there was nothing to be done about it. When all was settled, he accepted the standard crown tip from each accuser.

That afternoon the first recorded town cricket match was played in Horsham, much more remembered by the average Englishman than the unjust hearing on Mary and Ann.

Prolonged Custody

Late that afternoon, the gaoler gave the bad news to the women.

“I hear’s the magistrate’s holding you for trial. You’s go before justice at Old Bailey on September 11th.”

“September 11th?” Asked Ann. “Are ye daft? That be over a month.”

“Tain’t my decision or care,” replied the gaoler, “I’s do as told. They’s tell me, you’s be taken soon to Newgate to wait your trial.”

Mary only asked tentatively, “Can I keeps my baby with me?”

“I suppose so. Cain’t leave her with me, that I knows.”

That evening, deputies sent by Sheriff Wilkes arrived and took the group to Newgate Prison to await their trial.
 
Background minutia

Old Bailey
The Central Criminal Court was popularly known as the Old Bailey for being on Bailey Street. The street ran along the old City Wall and was called the Bailey or courtyard, as in a Motte and Bailey fortress.

Since the open-air courtroom built in 1673 had been enclosed in 1737, the close air had encouraged the spread of gaol fever (typhus). At one session in 1750 an outbreak led to the deaths of sixty people, including the Lord Mayor and two judges. Subsequently, the judges spread nosegays and aromatic herbs to keep down the stench and prevent infection, a practice commemorated in a ceremony that continues to this day. They also reduced or suspended hearing in the hot weather which was believed to encourage the ill vapors.

John Wilkes
Wilkes had been a member of the Knights of St Francis of Wycombe, also known as the Hellfire Club or the Medmenham Monks, founded by Sir Francis Dashwood, up until its disbanding in 1766.
Dashwood, painted by Hogarth as St. FrancisHogarth_Dashwood.jpg
The club was a diversion for wealthy rakes of the time with rumored celebrations of the "Black Mass," which takes the Catholic Mass and inverts it, intentionally mocking the Catholic celebration. The club was said to celebrate the ceremony on the naked body of a virgin with the wine poured into her navel for the members to drink
Messenoire.jpg
In 1758, Wilkes met and became friends with an American guest at the club, Benjamin Franklin. Later, he was an advocate for the American colonists in their disputes with the North government.

Wood Street Compter
ONL_(1887)_1.366_-_Wood_Street_Compter,_1793.jpgthe_history_and_romance_of_crime_from_the_earliest_time_to_the_present_day_-1900-_-14798278063.jpg22832715.jpg

Panyer Alley
A short, up-scale street just north of St. Pauls.
panyer-alley-03.jpg
Renowned for the Panyer Boy sculpture
the-figure-in-panyer-alley-london-uk-litz-collection.jpg
 
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Further on Compters:

Compters were small gaols run by a sheriff and his staff, all of whom were essentially a law unto themselves, parliamentary inspectors having no jurisdiction within the walls. London had two compters north of the river at this time. Poultry, east of Cheap, near Threadneedle Street and Wood Street, west of Cheap near St. Paul’s. Prisoners were not segregated and conditions in the small gaol were hideous. In 1776, William Smith said it was a place where "riot, drunkenness, blasphemy and debauchery, echo from the walls, sickness and misery are confined within them". Another contemporary account said: “the mixture of scents that arose from mundungus tobacco, foul feet, dirty shirts, stinking breaths, and uncleanly carcases, poisoned our nostrils far worse than a Southwark ditch, a tanner's yard, or a tallow chandler's melting-room.”

The compters were run at the expense of the Sheriff, with little or no compensation. He charged inmates for everything essential to survival and comfort: food, drink, clothes, bedding, warmth, medicine – the lot. Therefore, he would charge the prisoners for everything, food, clothing, any necessities. The destitute were allowed to die of starvation or disease or transferred to Newgate or Fleet prisons so they could bear the cost.
 
I suspect 'navel' was a euphemism. Or they didn't get much to drink, or even taste! :p
If it was deep enough, and there was much re-pouring! Anyway, the fun was the virgin's belly, plenty of wine was available in goblets.

BTW, the Box Meeting was the first all-female Quaker meeting.
 
If it was deep enough, and there was much re-pouring! Anyway, the fun was the virgin's belly, plenty of wine was available in goblets.

BTW, the Box Meeting was the first all-female Quaker meeting.
I think it unlikely there is any connection between those two pieces of information :p
 
Newgate

Newgate, one of the gates in the city walls of London, was used as a prison beginning in at least 1188. By the latter part of the 18th century it was one of the largest prisons in England.

The prison was destroyed in the Great Fire of London in 1666, and was rebuilt in 1672.

In 1770, construction was begun to enlarge the prison and add a new sessions house. The construction was still going on in August 1771, when Mary and Ann were transferred there. It would continue until interrupted by an unfortunate incident in 1780.

There is precious little information available to detail the time the women spent in Newgate awaiting trial. A few general remarks about conditions in the prison will suffice.

The building was laid out around a central courtyard, and was divided into two sections: a "Common" area for poor prisoners and a "State area" for those able to afford more comfortable accommodation. Each section was further subdivided to accommodate felons and debtors.

Upon their arrival in Newgate, Mary and Ann were chained and led to the appropriate dungeon for their crime, the Common Felons’s section, the "stone hold" as it was called. The dungeons were dirty and unlit.

Garnish, a fee paid by each prisoner on their arrival, was required. Those who could not afford to pay garnish had to surrender their clothes. Fortunately, Ann and Mary had enough between them to pay.

Good prisoners who had not been accused of serious crimes would be allowed to use the chapel and recreation rooms at no additional fees. This did not apply to our subjects, charged with a capital crime. They had no money left after garnish to purchase any favors beyond food.

Conditions in Newgate were appalling. A visitor in 1776 observed the conditions that women were detained under. She found the place crowded with half-naked women and their children. The women were typically waiting for transfer to the prison ships that would take them to the Colonies. Many of the ordinary women prisoners were drunk, due to the availability of cheap gin, and some were clearly deranged. They were kept in leg irons if they could not afford to pay the Keeper of Newgate for "easement."

Suffice it to say, from the preceding information, that the 33 days spent by our pair and baby Abby in Newgate must have been like hell on earth. They survived with no recorded injuries or disease, but the mental damage must have been significant.

As they languished in prison, the world outside carried on with no thought of these two unfortunate girls. On August 15th, the Scottish historical novelist, playwright, and poet, Walter Scott was born in Edinburgh, to be far better remembered than our two.

September 11th dawned, hazy and overcast in London. It was an unremarkable day for most inhabitants of that great city of over 750,000, one-eighth of all souls in England and the largest city in Europe. There was future significance from a modest event at Foulshiels on the Yarrow Water, near Selkirk, Scotland. Mungo Park was born into a prosperous family of tenant farmers. He would go on to be the first great African explorer seeking the source of the Niger River.

But in Newgate prison, the misery of the inmates went on as normal. An hour after noon, Mary and Ann were brought out of their ward and transported to the sessions at the Old Bailey. A specially built tunnel connected the two for safe transport of prisoners between prison and court. The two (and Abby in Mary’s arms) were brought into that notorious courtroom, crowded and loud with commotion.

The court was arranged so as to emphasize the contest between the accused and the rest of the court. The accused stood at “the bar” (or in “the dock”), directly facing the witness box (where prosecution and defense witnesses testified) and the judges seated on the other side of the room. A mirrored reflector was placed above the bar, in order to reflect light from the windows onto the faces of the accused. This allowed the court to examine their facial expressions to assess the validity of their testimony. In addition, a sounding board was placed over their heads in order to amplify their voices.

Jurors sat together in stalls on the defendant's right, sufficiently close together to be able to consult each other and arrive at verdicts without leaving the room.

The center of the was filled with a plethora of clerks, lawyers, barristers, and other functionaries seated at green-covered tables. Here recorders would jot down the trial proceedings. These have been kept and are now available online as “The Proceedings of the Old Bailey.” Bailiffs circulated, ready to maintain order.

English criminal trials in the late seventeenth century were very different from those of today. Trials were quick, lawyers were rarely present, and prosecutors, judges, and jurors exercised considerable discretion in how they interpreted the law. There had been some reforms to trial procedures during the eighteenth century that improved conditions for the defense, but defendants still operated under severe disadvantages.

Trial

The women waited about an hour as various prisoners and litigants shuffled in and out of the court. Then a bailiff stood on the front steps and cried, “Oyez, Oyez! Defendants, Mary Jones and Ann Styles, are called to appear at the bar before the King's Bench!”

The deputies prodded them toward the dock.

“Case t17710911-32. Both defendants are indicted under the Shoplifting Act of 1699 in that on August 7, 1771, they did enter the shop of William Foot, Draper, with the intention of “privately stealing in a shop”. They did subsequently abscond from said premises with cloth goods valued at £5. 10s.”

The head judge pounded his gavel. “Trial of said defendants is declared in session. Prosecutor, please present your case.”

Thomas Ham was the first witness at the trial. The testified that, due to many recent thefts, he was on the lookout for shoplifters. He spied the two women and was suspicious of their activities and kept a close eye on them. He estimated that he had seen them go into as many as fifteen shops in the street, between three o’clock and six o’clock that afternoon. Finally, the pair went to the drapery shop owned by Mr. Foot.

Later, when he heard a commotion from that place, he hurried over. When he did, he met the women hurrying from the shop, pursued by Mr. Preston, a shop assistant. He helped halt the women and direct them back to the Drapery. There, the two women argued with Preston. Ham said the he saw the one woman, Jones, remove some fabric from under her cloak and place it on the counter. A little later, the constable arrived and arrested the women.

Christopher Preston, testified next as to how he had seen Mary slip something under her cloak and leave the shop. He pursued the women and forced them back to the shop. When confronted, Mary revealed four pieces of worked muslin.

Andrew Hawkins, shop assistant, concurred in the testimony of his peer and confirmed the discovery of the goods on the person of Mary Jones.

Mary was permitted to speak in her own defense. She did not address or deny the theft. She told the court of her struggle to support two children with her husband pressed into the Navy. She claimed that she had always been an honest woman and had never committed a crime before. Some of her statement was recorded verbatim: “‘that she lived in credit, and wanted for nothing, till a press-gang came, and stole her husband from her—but since then she had no bed to lie on, nothing to give her two children to eat, and they were almost naked: and perhaps she might have done something wrong, for she hardly knew what she did.” The judges were respectful and listened closely to her testimony. It was clear that they and several jurors pitied her misfortune.

The parish officers testified the truth of most of what Mary said. Then Mary attempted to present to the court letters from their neighbors on Red Lion Street attesting to her good character. However, the Prosecutor objected that character testimony was always presented in person under oath and the judges reluctantly ruled the letters out of order.

Ann told the court that she had gone with Mary to buy the child clothes and that she had nothing to do with the theft.

The trial lasted less than two hours. Ann was acquitted by the jury due to no stolen goods having been found on her.

Mary was convicted as she was actually in possession of the stolen items and the eyewitness evidence was overwhelming.

Before the judge passed sentence, he expressed the regret of the court for her sad state. However, the value of the goods stolen, being more than five shillings, made it a capital crime. While he was confident that the pressing of her husband had driven her to this extreme, he stated that the judges were in agreement that the law must be enforced. Mary received the mandatory death sentence. Though still only 17, she was sentenced to hang at Tyburn on October 9th. (The next regular hanging day)

As Mary burst into tears, Ann tried to comfort her, but to no avail. The deputies seized the young woman and her baby and transferred her back to Newgate to await her trip to Tyburn.
 
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