Old Bailey Records Case Study

A case of the Old Bailey Records contains documentation for Mary Brown’s accusation and guilty conviction on the account of shoplifting on the 20th of April in the year of 1737. Brown was indicted for stealing 9 yards of While and Silver lustering’s, and 9 yards of Green and silver ditto; a monetary value of 61 from Thomas Hinchliffe in the parish of St. Bride’s on April 7th. In addition, Mary Brown had a previous record for shoplifting that condemned her to be transported. However, Mary Brown was found in the system under the name of Mary White, during the month of February, in 1736, for robbing Mr. Davis shop. The evidence against Brown was accounted by Mr. Enstone who was managing Silver Lustering; he stated he witnessed Brown leave the

However, Mr. Ernstone did not admit he did not see them go directly behind the counter, where the silks were laid and wrapped while he was gone. Although, there was no direct eyewitness that vouched for Brown’s shoplifting there was clear evidence when Morris confronted Brown with the silks under her petticoat. Therefore Brown was regarded with great suspicion, especially considering her previous record. It was also documented Brown appeared very large, and asserted she was with child. Although, Brown had several friends who professed her good will, and honest character, including Ann Fenn, Mary Lambert, Brown was found guilty, and sentenced to death.

This account of Mary Brown provides historians with insight into the social and legal practices of the 18th century. This case identifies the social unrest and anxiety regarding the popularity of theft, and in this case shoplifting. This case reiterates this units themes, including, the gendering of crime. London society believed shoplifter most often to be women. The Old Bailey records, reaffirm the notion of gendered crime, and that women were more often than men accused and convicted of shoplifting. However,

London society perceived women, specifically those who were in the thirties and a part of the working and those of the middle class with caution, and skepticism. Throughout the 18th century and progressing into the 19th century there was a powerful wave of anxiety and fear of disorder that permeated throughout Europe. Although, it has been documented that both men and women participated in thievery, men were often more prone to joining gangs that practiced begging and pickpocketing and women generally would shoplift. Therefore, it is unlikely that Brown’s shoplifting was a coincidence, but rather reiterates the trend of women shoplifting for either survival or compulsivity. In contrast, the medicalization of kleptomania, for excessive and compulsive shoplifting did not emerge until the late 20th