364, 365. (M.) Abraham Sackwall proceedingsdefend , and William Hatton proceedingsdefend , were indicted for stealing nine gallons of malt liquor, called strong beer, value 6 s. the goods of Robert Finlason proceedingsvictim , June 13 . ++

Robert Finlason < no role > . I keep the sign of the Gun at the Hermitage ; on the 23d of June, I was informed the prisoners had been at my store cellar; they are both coopers , and the shop that they work in is over my cellar, we then examined to see which way they came down, and between the joist in one corner of the cellar, there was a board came up; by that we imagined they got down into the cellar, for the rest of the boards was all dirty and covered with cobwebs; I was advised to put two men in the cellar; I did, and believe the man that advised me to put them in, told them of it; I then went to the cooper's and told him of it, he said go and get a warrant and take them up, I did, and took up five of them, there were none but the prisoners committed; a young man came to me on the Monday and said he work'd servant with them two men in that shop over my cellar, and that he had seen them go three times into my cellar and draw beer, by taking the flooring boards up; he said they took a two gallon cag into the cellar. (He produces an information made before witness, and signed by him, which was read, the purpose of which was: that he saw the prisoner Sackwell, take up the boards of the floor, and go into the cellar; and William Hatton < no role > gave him a two gallon wooden case and a stone bottle, which they filled; that then Sackwell came up into the shop and fastened the bolt, that he had some of the beer; and that about a week afterwards he saw the said prisoner go down again, and do as he did before ; but that he never drank any of that, but that it was carried out of the shop, but where he could not tell; he likewise says; they committed the third offence, and at the same time took to the amount of nine gallons. Sworn before Sir Samuel Gower < no role > .)

Samuel Sprigs < no role > . I went to gauge the beer, there were eight butts spoil'd and drawn out in the prosecutor's store cellar: I stopped the butts when they were put down myself, and left all good, and when I gauged them, in eight butts there was 114 gallons deficient.

Q. Did none of these butts leak?

Sprigs. No, none of them could.

Q. from the prisoner. Was the boards loose?

Sprigs. Yes, the boards up in one corner would come up with your hand, and the cobwebs were all off from them, and any two might get between the joisters.

Hatton's Defence.

'Tis an easy matter for any man to get into the shop before we could come in, and my master was generally in before five to open the shop himself, and when we come there, he is commonly in the shop at work.

For Sackwell.

John Forrest < no role > . I have known the prisoner between seven and eight years, I really believe him to be a very honest man.

Q. Do you know any thing of the other prisoner?

Forrest. No, only I have heard his character from his master, which was a very good one.

Samuel Newby < no role > . I have known the prisoner about eighteen years, my opinion is, that he is a very honest man; he has worked for a father of mine seven years, and has taken money for him, and never wronged him in his life; I believe him to be an entire honest man.

Turbavil Vainwright. I have known the prisoner these seven years, and never knew any harm of him.

Thomas Carter < no role > . I have known the prisoner these six or seven years, his character his that of a very honest man.

Both acquitted .