561. Ralph Sherlock proceedingsdefend , was indicted for that he, together with two other persons not yet taken, 3 pieces of foreign wood, call'd Lignum vitae, 200 pound weight, value 20 s. the goods of Augustus, and John Boyd proceedingsvictim proceedingsvictim proceedingsvictim , Esquires , did steal, take and carry away .

August 5 .

John Burtheck < no role > . I am servant to Mess. Augustus and John Boyd < no role > , Esquires. There was some Lignum Vitae wood put on board a lighter, out of a ship, in order to be sold. About a month ago the captain, who is now abroad, came to me, and said, he had lost some of it. Some time after that he came to me, and told me, he had taken up some people upon suspicion, one was named Sherlock. The captain bought it for us in the West-Indies, he is our factor. The wood lay in St. Saviour's Dock , in several lighters, there were above forty ton weight of it.

William Cripps < no role > . On the 5th of August I saw the prisoner with some lignum vitae in his custody, about 12 o'clock at night, at Cherry-garden-stairs, at the house of Sarah Stratt < no role > . There were William Swinney < no role > , Mackpay, and he together; Swinney had charge of the lighter, and was pretty much in liquor. Mackpay said to Sherlock, he is too drunk to do what we came about, let us go by ourselves. They said, they would come back in an hour or two. They went out, and was gone about two hours. They brought two pieces of lignum vitae wood, one piece they put into the house, but the piece Mackpay had, fell out of his hands into the water. I saw them take it up at low water. They said, there were more upon the road, and went out again with Swinney with them ; they brought another piece. Sherlock said it was a brave piece, it would fetch three halfpence a pound. About four o'clock in the morning they took a wherry, and put their three pieces into the boat, the three pieces might weigh about 200 weight, I saw them row it over the water. Sherlock was taken up, the other two made off. I was along with Sherlock before the justice on the 7th of August Sherlock < no role > told the justice, that Mackpay handed the wood out of the lighter, as it lay at St. Saviour's dock.

Benjamin Mayo < no role > . I live with my brother, he is a merchant and deals in all sorts of wood; he lives at Wapping-dock. The prisoner offered me three pieces of lignum vitae wood the 5th or 6th of August, a little before 6 o'clock, he and another man brought them; I believe they might weigh two hundred and a quarter; they ask'd five shillings a hundred for it, and I believe it was worth about twelve shillings a hundred. We thought he did not come honestly by it. Sherlock said it was fire wood, and they had four pieces more. I stood pretty near the door, and we wanted to secure them, but when they saw our design, they ran away; we stopped the wood.

Q. Where is Cherry-garden-stairs?

Cripps. It is a pretty way off from over against Wapping dock, they must have come down the river above a quarter of a mile.

Prisoner's Defence.

I met an old ship-mate on the road, he desired me to carry that wood for him, I did accordingly. I threw it down at the water side. Then he said, Sherlock, I hope you will be so good as to come over the water with us. I said, I would with all my heart, not thinking but he belonged to it.

Guilty .

[Transportation. See summary.]