102. (L.) William Witchurch proceedingsdefend was indicted for stealing one pound weight of rhubarb , value 8 s. and two pounds weight of borax, value 20 s. the property of the proceedingsvictim , Dec. 16 . ++

Thomas Whiteman < no role > . I am an officer to take care of the East-India company's goods. The prisoner is a working cooper , by the water-side. I went to Botolph Wharf, where my brother officer was makeing up these goods, in order to go before a magistrate with them and the prisoner. He delivered them into my care (producing a parcel of rhubarb and borax) we went before my Lord mayor, he put this seal on it, and it has been in my custody ever since.

Q. Whose property is it?

Whiteman. I believe it belongs to the honourable East-India company.

Nathaniel Carter < no role > . I am assistant elder porter at the water-side.

Q. May not these goods be the property of a private captain, as his adventure ?

Carter. It is call'd the East India company's property till the accounts are past. The company is bound for the duty of all goods that come home in their ships, and for that reason I have the care of them till the account is past: They are in the custody of the company. On the 16th of December, about the middle of the day, I took about six or seven pieces of rhubarb out of the prisoner's coat pocket. He is employ'd by the company's cooper. I said to him, how could you be guilty of such a thing. He made a little mumbling, and said, it was only a bit or two, and desired I would not be hard upon him. I took him up stairs into the East India office, and while we were upon the head of the stairs we heard something lamp. we then took a candle and pick'd up about eight or nine pieces of borax, which he must have thrown out of his pocket; Mr. Twiss was by at the time; ( the pieces that are here produced.) When I charged him, and sent for a constable, he said he put them into his pocket, in order to bring them into the office, but he did not say so at first.

Cross Examination.

Q. In doing the coopers work, if any thing fall out, is it not difficult to put them in again?

Carter. This was in a chest; if a chest happens to fly, it is the cooper's business to take care of it, and put it up in the best manner he can.

Q. Was he bail'd before my Lord mayor ?

Carter. He readily produced bail, and has been out till he surrendered now; before my Lord-mayor he said, he took it up in order to bring it to me, but I was out of the way.

Richard Twiss < no role > . This happened on a Friday, which was a court day at the East India house. My two masters Finlay and Hopkins were gone out. I lock'd the office door, and was sitting by the fire below. Mr. Carter brought in the prisoner, and took him up stairs, and call'd me to unlock the office door. When I came up the stairs, which are very dark, the prisoner stood with his back against the wall, and the borax sell down behind him. I heard it fall very plain. I unlock'd the door, and went into the office Having pick'd up as much as I could feel, for it was very dark, I got a candle, and found the rest. I can swear it fell from the prisoner, nobody being near him, and it fell directly behind him. Then Mr. Carter let him and me together, and went for an officer. He said you may take a piece or two of it away. I said, if I did, I should be reckon'd such a one as himself.

Cross Examination.

Q. How long might Mr. Carter have been gone for an officer?

Twiss It might be six or seven minutes.

Q. Did he stay quietly with you ?

Twiss. He did very quietly?

John Tassey < no role > . I am a porter in the company's service, and saw Mr. Carter take two pieces of rhubarb out of the prisoner's pocket. I have known him ever since he belong'd to the company's service, which is five or six years, and I never knew any ill of him before.

Prisoner's Defence.

I should not have had these goods in my pocket if Mr. Carter had been there. When any goods fall out of a chest it is our place to take care of them for the company.

Q. to Whiteman. How long have you known the prisoner ?

Whiteman. I have known him seven or eight years, as he has work'd on and off for the company in his turn, as other people do. I never heard any thing amiss of him before. He behaved as an honest man, and I have no reason to think otherwise.

William May < no role > . I am a cooper and have work'd for the East India company. If a chest is broke I look upon myself obliged to take care of the goods, as if they were my own. I and my partner are master coopers to the company. When such a thing happens we are to call Mr. Carter, to bring a bag to put the goods in, that they may be carried to the land water's table. The prisoner has work'd as a journeyman cooper upwards of ten years. He served my late master, and us. if I had known any thing to the contrary of his being and honest man, I should not have employed him. I always look'd upon him to be an honest man.

Mr. Dunkley. I am the other master cooper. I can say nothing farther than what my partner has said, which has been the constant practice. I have known the prisoner ten years, and I look'd upon him to be an honest man, or I am sure he should not have been employed there.

Abraham Devas < no role > . I am a king's officer, belonging to the customs, and was present at a scale, between the hours of one and two. There were some borax and rhubarb came out of what we call scale-board lading, where a board had started from a chest, and these goods are so closely pack'd that when any are out it is impossible to put them in again. I believe the quantity of my hat full fell out. I saw the prisoner take up five or six pieces of rhubarb, and put them into his right hand coat pocket. When he had mended that chest I said, here is a couple of round cases where there is room to put it in. He said he would put it in as soon as he had secured that chest. Neither Mr. Carter nor Mr. Whiteman were upon the spot. I said, there is a piece hangs out of your pocket, take care it does not drop out. When he had dore that chest he was coming towards the draught that was in the scale, to put in the rhubarb. There was a case stood betwixt that and the other, which wanted two or three nails; as he was putting them in, and looking round it, Mr. Carter happen'd to come, and as he was stooping saw the rhubarb. Then he laid hold of him by the skirt of his coat, and brought him before Mr. Turrant the land-waiter; but I being busy did not hear what past. I remember I said to him when I first saw it, Will, you are not going to play tricks with it? He said, I would not take a bit of it for 50 l. No, said I, no more would I for two fifties.

Q. If Carter, or his partner, are not there when a chest starts, who are to take care of the goods?

Devas. Then the cooper takes care of them, and gives them into the care of the land-waiter, or gangs-men, or somebody to take care of them. He had it in his pocket not above ten minutes, and he did not want to conceal it.

William Cawley < no role > . I have known the prisoner three or four years; he is an industrious man, and an honest man as far as I know, I never heard to the contrary. I was the constable that carried him before my Lord mayor, and I live within twenty or thirty yards of the place where he was charged. When I was sent for I found the prisoner and Mr. Twiss. Mr. Carter came up-stairs soon after. I asked him what he wanted with me. He said to take charge of that man. I asked him what he had done. He said, you shall see presently, but I want to stay till Mr. Finlay and Mr. Hopkins come. I said I would take the man to my house till they came. First he would charge him, then he would not, and seemed to be indifferent whether I took him away or not. Then I said, if he did not give me a proper charge, I would not stay. Then he brings some borax and rhubarb, and wanted to put them into something. I said to the prisoner, Will, I am very sorry for you, how came you to do so? He said, I did not do it with an intent to defraud the company. This was in the presence of Mr. Carter. I said, how came you to have it in your pocket? He said, he was making fast a chest or case, and it would not hold it; that Mr. Carter was not in the way, and if it had been left on the Keys it would have been stoln. Then I said, if that is the case it may be right; what do you think of it Mr. Carter? Mr. Carter said, I did not see him take it.

Mr. Eberall. I am a cooper, and work on the Keys. When a chest happens to break it is customary, if those men are not in the way, for us to take care of the goods, and carry them to the office or land-water's table. I have known the prisoner four or five years, and work'd with him at times. I always took him to be an industrious man, and a very honest man.

William Wright < no role > . I have known the prisoner about seventeen or eighteen years. I never knew to the contrary but that he is a very honest man.

John Chatwin. I have known him twenty years; his character is that of an honest industrious man.

Samuel Keys < no role > . I have known him fifteen years; his behaviour has been that of a very honest industrious man.

Mr. Gardner. I have known him fifteen or sixteen years, and never heard any other of him but being a very honest industrious man.

Mr. Holloway. I have known the prisoner about seven or eight years. He is a very honest industrious fellow, and one that takes care to maintain his family.

Thomas Thatcher < no role > . I have known him sixteen years. He is a very honest man.

Mr. Bell. I have known him ten years. He is as honest and industrious a man as any I know.

Thomas Dodson < no role > . I have known him eighteen or twenty years. He was always an honest boy, and an honest man.

Mr. Isgrig. I have known him about six years. He was always a sober, honest, diligent man. I should not have been afraid to have trusted him with goods of any value whatsoever.

Q. to Carter. Do you remember any conversation you had with Cawley the constable?

Carter. I can't remember I heard him say what he repeated here.

Q. When you charged him, was he at work on the vessels ?

Carter. He was not at work, he was standing up. I believe he had not been at work for the space of five minutes.

Q. Did you observe any of the vessels of the rhubarb to be burst.

Carter. I can't say I did.

Q. Did you observe him to have been mending any where a board flew up.

Carter. I can't say I did.

Q. Whether you did not entertain some indifferency about charging him?

Carter. I was at a loss to know how to act, till I sent for Mr. Finlay or Mr. Hopkins, who are our husband; but then I consider'd I could not hold him without a constable, so I charged him till they came.

Q. to Cawley. You hear the evidence says he does not remember the conversation you have mentioned here with the prisoner, do you abide by that now?

Cawley. I do.

Q. Are you sure the prisoner said he did not do it to defraud the company, but that he intended to preserve them for the company?

Cawley. He said so. Mr. Carter might have heard him, but he is a little hard of hearing.

Acquitted .