183. (L.) John Lighorne proceedingsdefend , was indicted for stealing 700 weight of cotton, value 50 l. the property of Nicholas Lynch proceedingsvictim , Jan. 10, 1750 . ||

Mr. Arnsdon. I remember the ship, the Mermaid, Capt. Gardiner.

Q. What was she loaded with?

Arnsdon. She was laden with several sorts of goods, from St. Kitts, cotton and other things.

Q. Whose property was the cotton?

Arnsdon. There were about ten bags the property of Mr. Lynch, they were put into a lighter to be carried to Summers's-key (by the lighter-bill there should have been 10 bags) but when we came to unload them there were but eight.

Mr. Lynch. I had ten bags of cotton on board the ship Mermaid, Capt. Gardiner; they were to have been conveyed in a lighter from on board that ship, and I received but eight; I am the merchant to whom they were consigned, there were 10 consigned to me by the bill of lading.

James Penprise < no role > . About the beginning of January was twelve month, the prisoner was in company with me, Joseph Watson < no role > , Henry Faulkner < no role > and Robert Davie < no role > ; we had a boat and went up the river to Summers's key, we went on board a lighter and took out two bags of cotton; we carried one to John Ross < no role > 's house in Shadwell, and the other to his house in Rotherhith, the house which he trusted to the care of Jenny Sparks < no role > ; we took the money for the first bag at his house, at 8 d. per pound.

Q. What do you think it might be worth?

Penprise. I heard say it was worth 18 or 19 d. per pound, the money was distributed on the table, we took up each man his share.

Penprise. How much had the prisoner for his share?

Penprise. He had as much as I had. I don't know how much it came to now.

Q. How mu ch weight were there in the two bags.

Penprise. There were upwards of 400 weight in them, we went and took the money for the other bag the next day, that was divided equally amongst us. We had 8 d. per pound for that also.

Q. Was the prisoner at the receiving that?

Penprise. He was, my lord.

Prisoner's defence.

I never had any dealings or business with Penprise in my life, only living near him.

For the prisoner.

Robert Lash < no role > . The prisoner is a waterman and lighterman , I have known him years, I never knew any harm of him in my life.

Q. What are you?

Lash. I am a sailor, I have been at sea fifty years; the prisoner has been in his majesty's service at sea this last war; he has lived within five doors of me these two years, and behaved soberly and in a good manner.

Eliz. Keyston. The prisoner and I were children together; I never knew any harm of him in my life; he is a diligent man in his business; I have lived under the same roof he does these two years.

Sarah Westfield < no role > . I have known him ever since he was a little child. I have been very intimate with his wife and him, and I never heard any ill of him.

Mary Vaughan < no role > . I keep a public-house about three doors from the prisoner; he has used my house ever since he came there, I have trusted him and his wife in my house many a time, and they never wrong'd me; he always behaved very well, he is a very quiet man, one that would never trouble his head with any body.

Hannah Nagison < no role > . The prisoner is a very honest man and a very quiet neighbour; I lived next him; I never heard any ill of him in my life, and he has lived where he does two years.

Guilty

[No punishment. See summary.]