269. (M.) John Wicks proceedingsdefend , and Robert Everitt proceedingsdefend , he indicted for stealing one wooden cask, with iron hoops, called a butt, value 5 s. the property of Mess. Stafford and Co. proceedingsvictim and Arthur Clark proceedingsdefend , a second time receiving the same, knowing them to have been stolen , .

Everitt Guilty B .

The other 2 acquitted .

(M.) Robert Everitt < no role > , was a second time indicted, for that he, in company with David Cooper < no role > , not taken, did steal two wooden casks with iron hoops, commonly called butts, value 10 s. the property of Henry Mason proceedingsvictim , William Mason proceedingsvictim , and William Lake proceedingsvictim , and Arthur Clark < no role > , a third time for receiving the same, well knowing the same to have been stolen , June 1 .

James Hester < no role > . The prisoner Everitt, David Cooper < no role > and I observed 2 butts in Charles-street, St. James's-square; I went and told the prisoner Clark, I had two butts for him, and borrowed his dray with one horse, and we went and brought them; and coming along we met with one of Sir William Calvert < no role > 's butts, we took that also; the two other belonged to Mess. Mason and Co.

Q. When was this?

Hester. This was about three or four months ago, about ten at night; we went and tumbled them down in Mr. Clark's yard; he had left his gate without the padlock; I had had a shilling or two in part of Mr. Clark, before we went to fetch them, and he paid me the rest the next morning: We had 27 s for them; they were as good as new: He bid me go and take out the marks; which I did, and took a mop and daubed the places over, and he took his marking-iron, and put his own mark upon them: We were all three there, and had nine shillings a piece; Nicholas Hacket < no role > , Mr. Clark's stoaker, has seen me take marks out; and Collins has likewise taken marks out of butts that I have sold him.

William Marsdon < no role > produced the confession of Everitt, and it was read in court.

Mr. Pierce. I live at the Robin-hood, in Charles-Street, St. James's-square. Mess. Mason and Co. are my brewers; when casks are empty, I put them out into the stable-yard, because we want room in the cellar.

Mr. Mason. There are three partners of us; Wm Mason < no role > , Wm Lake < no role > , and Hen. Mason.

Thomas Earle < no role > . I am cooper to Mess. Mason and Co. I was at Mr. Clark's, in order to search, and found some butt staves with our mark upon them [produced in court]; I found some staves, where it plainly appeared the marks had been cut out; I also saw whole butts with the marks cut out: On his cross examination, he said, he had known brewer's butts sold by auction, when a person had left off trade; but then it was not usual to cut the old marks out; that he never knew his masters to sell casks; that he remembered two being missing at the Robin-hood, in Charles-street, and that they had Mr. Mason's mark on them.

Everitt's Defence.

I never went with a dray in my life.

Clark's Defence.

I deny the whole: I never lent my dray to Hester in my life; and as to these butts I know nothing of them; I never saw Everitt in my yard in my life: In Mr. Cousemaker's sale I bought a lot of butts; he sold his butts into a great many peoples hands, with marks upon them: when I sent mine out, I told my servants, when the butts came home to take the marks out, and put my own on. I changed my marks in general: last summer I bought upwards of 130 butts, and changed all the marks.

Mr. Cox. I am a brewer: It never is the way in the trade when butts are bought at a sale, to take out the old marks; we put new marks on, and let the old ones abide.

Mr. Gyfford said the same.

Q. to Mr. Cox. Was you at Mr. Cousemaker's sale?

Mr. Cox. I was.

Q. Do you know whether the prisoner Clark bought any butts there?

Mr. Cox. I do not.

Q. Did you see him there?

Mr. Cox. One day when I was there, I saw him walk through the yard; I don't know that he came on any particular business.

For the Prisoner.

Nicholas Hacket < no role > . I am stoaker to Mr. Clark; I saw the drays go for the butts that were bought at Cousemaker's sale.

Q. What marks were upon them?

Hacket. I do not know.

Q. Did you see any marks taken out of them?

Hacket. I can't say any of the marks were cut out of them.

Cross Examination.

Q. Have you seen Everitt and Mr. Clark together?

Hacket. I cannot give an answer to that; I don't know whether I have or not.

Q. How many butts have you taken marks out of?

Hacket. I took none out.

Q. Did you see Hester take any out?

Hacket. Yes, I saw him; it was before he was discharged from Mr. Clark's service.

Q. Have you seen Hester bring casks into Mr. Clark's yard?

Hacket. I have; he did one morning about five o'clock.

Q. Do you remember Mr. Clark letting him have his dray?

Hacket. No; I do not remember that.

Q. When did Hester live servant with Mr. Clark?

Hacket. About four months ago, or better.

Q. Was you servant to Mr. Clark all the time Hester was?

Hacket. I was.

Q. How often did you see Hester take out marks?

Hacket. Never but once.

Q. Upon your oath, was that before or after he left your master's service?

Hacket. That was after, I believe.

Everitt, Guilty , B .

Clark, Guilty , T. 14 .