Majority
p. 193The People vs. Eleanor Johnson.
Headnote
essary the ex-,of a prisoner, m order to make sh0UjjVldeilbe signed byGrand Larceny.
The prisoner was indicted for stealing from the person of John Gunyan, his pocket-book, containing one bank check of $27, one note of $20, two notes of $10, twenty notes ■ of $5, and also twenty notes oí $8, on the 10th day of December, 1822, altogether amounting J 7 3 ° ° $225.
The facts of the case, as detailed by the witnesses, appeared to be as follows : Mr. Günyan was walking down Division street on the evening of the 10th of December, and in the mob ■ he passed through, his hat was partly jostled off his head, he took his hand from his breeches pocket, in which he had his money, but for a moment, to prevent his hat from falling off his head, and in a moment his pocket-book was gone.
On the same evening, about one o’clock, Mr. Woods found the pocket-book in pike-street, near Banker-street, emptied of its contents except a paper identified by Mr. Gunyan.
It was proved by the witnesses, on the part of the people, that they knew Eleanor Johnson, and had known her for some time past; that the day before the pocket book was stolen from Mr. Gunyan, she was, in the language of the witnesses, “ nothing but a bundle of rags/’ and after-wards appeared to be well dressed ; gave different sums of money to her associates; and appeared to have a considerable sum in her possession.
The watch upon the stand in Banker-street, were determined to arrest her ; they went late in the evening to the house of Mrs. Underwood, well known in Banker-street .as a house of the worst kind. She was found in bed > and secured by Mr Woods and others. A small black
p. 194after establishing these facts by respectable witnesses, offered the examination of the prisoner in evidence to the jury objected to its being read, and founded his objection on an alleged defecf; in the examination, to wit; it was not signed by the prisoner ; and cited 'Starkie’s Rep. vol. 2. p. 484. replied that the case .alluded to was a singular one, and that Judge Wood gave no reasons for his decision, That Lamb’s case was always considered as law in this country ; that it was the opinion of the twelve judges, and ought to be held of higher authority than the opinion of a SÍn§le ÍudSe"
purse was found in her bosom, containing near $25, among -which was a $10 counterfeit note, identified by Mr. Gunyan as being one of the notes he had in his pocket-book. t^ie fiuesti°n where she got so much money, she an-she had received it of different men who had called to see her.
She was taken to the police, examined, and committed for trial.
It was also proved that she was seen going to the corner of Banker and Pike-street, . where the pocket-book was found, about twelve o’clock at night,
Maxwell, District Attorney,
Price
Maxwell
The court observed that Lamb’s case had iff ways beep considered a leading one in this country: that the reasons on which the opinion of judges was founded in that casé, was entirely satisfactory to them.
8Leach, 552. 637.
The co.urt disregarded the decision of Judge Wood, and decided the examination might be read • and it was read to the jury,