152. (M.) Benjamin Perry proceedingsdefend was indicted, for that he, together with Lewis Hebourn < no role > , Charles Osbourn < no role > , and Jockey Paterson, not yet taken, did steal one hundred pounds weight of tobacco, value 3 l. 10 s. the goods of John Sydenham proceedingsvictim This name instance is in a workspace. and Robert Hudson proceedingsvictim , in a certain ship lying on the river Thames . Jan. 10 .

Samuel Vinton. Benjamin Perry < no role > , Lewis Hebourn < no role > , John Paterson < no role > and myself, about the latter end of December or beginning of January last, we went to work to deliver a ship belonging to captain Young of some staves; she lay in Bell-dock, Shadwell; the first day we began to work the prisoner took away a prick of tobacco from among the staves, and, put it into my coat-pocket, and I carried it on shore; I went to sell it but could not, then he took it and went and sold it for two-and-twenty-pence, and brought the money.

Q. Did you know of his putting it into your pocket?

Vinton. I did, and we were to share it among us.

Q. What did he give you for your part when he had sold it?

Vinton. He gave me five-pence-halfpenny, the next that was taken out of the ship was betwixt the prisoner, Lewis Hebourn < no role > and John Paterson < no role > , there were nineteen pounds weight of it.

Q. Which took it?

Vinton. They sent it out upon deck to me, I carried it on shore, and Benjamin Perry < no role > went and sold it for 9 s. 6 d. and brought the money and shared it among us. The next quantity we took was nine pounds, I sent it into the boat, the prisoner and Patterson sold that; I staid at the door the while they went in and sold it; they brought out 4 s. 6 d. for it. The next parcel we took John Gaudy < no role > and Charles Osbourn < no role > came in sharers with us; that was seventy-four pounds weight, that we took out of the hold; after I had taken it on shore, a man came and bought it of Gawdry and myself for 37 s. we paid our reckoning, and after that shared the rest; the next parcel we took away was a hundred weight.

Q. When was the seventy-four pounds weight carried away, by night or day?

Vinton. By day; we used to watch when the officer and boatswain's backs were turned, then we used to put it on board; but not all at once, but in different parcels, at different times going off.

Q. How did you take the hundred weight?

Vinton. We took that all away at several times, from the beginning in the morning, to the time we left work; after we got it on shore we sent for a man, one Duffey, to buy it.

Q. Where is he?

Vinton. I can't tell that.

Q. What did you sell the hundred weight for?

Vinton. We had fifty shillings for it, and shared the money equally among us.

Q. What had you for your share?

Vinton. After the reckoning was paid I had three shillings and six-pence.

Q. Who does this tobacco belong to?

Vinton. I can't tell that. After that we took another hundred weight.

Cross-examination.

Q. How long was you on board that ship?

Vinton. I don't know, we made some broken days.

Q. Who employed you?

Vinton. The captain did.

Q. Was you first taken up about this tobacco?

Vinton. No, I was stopped with some iron.

Mr. Price. I am headborough; I took the prisoner in custody the Wednesday in last sessions, at the Bell, Shadwell, he was charged with stealing tobacco, but he denied it.

Vincent Barrow < no role > . I am boatswain of the ship Mahone at Bell-wharf; she arrived Nov. 24, she was laden with tobacco, iron and staves, the tobacco was in hogsheads stowed down in the hold; it belongs to Robert Hudson < no role > and John Sydenham < no role > ; the prisoner and others were employed at two shillings per day to deliver the ship.

Q. Was any of the cargo missing?

Barrow. I can't say there was any thing missing?

Q. Do you know any thing of the prisoner's taking any?

Barrow. No, I do not; I know the prisoner, and have seen him in Maryland, and have had a very good character of him.

Q. Have you any reason to alter your opinion of him by any behaviour of his since?

Barrow. No, I have not.

Prisoner's defence.

I am charged innocently, I never took any tobacco.

To his character.

Isaac Haydon < no role > . I have known him fifteen years, he is a very honest man.

Mr. Ellison. I have known him ten years, he is a very honest, sober man, he has used my house for years.

Mr. Thomas. I have known him ten years, he has a very good character.

Mr. Addison. I have known him three or four years, he lodged with me about that time; I never heard any body speak ill of him.

Acquitted .