(L.) 6. Stephen Blamyer proceedingsdefend , was indicted for stealing three wicker baskets, value 3 s. and 170 pounds weight of butter, value 3 l. the property of Joseph Brook proceedingsvictim , Nov, 11 . +

Joseph Brook < no role > . I live at the Three Nunns Inn, Aldgate High-street , I am book-keeper there; the Chipping Ongar waggon was robb'd in our yard of some butter on the 11th of Nov. at night. I have got 14 dozen and two pounds of it again. I have not yet got the particulars from the country of what was lost yet. I believe there more lost.

Q. How was the butter packed?

Brook. It was in batts or baskets. Every master of a stage that keeps a book-keeper, sends with it a bill of lading; when such comes into the inn yard, it is in my custody, and I am answerable for it.

Q. What time was it first missing?

Brook. I believe it was about 3 quarters after 6 in the morning of the 12th, when I first got up. Part of the waggon was unloaded.

Q. How do you know there was butter came up in the waggon?

Brook. I know that by the bill of lading. There were butter from 10 dairys came up, which goes to different places and markets. There is also a bill of the contents put into each basket to the person to whom the butter is sent. On the 13th the hostler seing the prisoner with his cart in the street, came and told me, he thought that man must have the butter, he having been in our yard the evening the butter was lost. I went and took him up; he said he lived in the Flying horse yard, Hackney. I went to inquire his character, and found he had got a quantity of butter. The mark on the end I could not see, for it had been what is called broke down. Soon after a man came to me, and said, the prisoner had confessed the robbery.

Q. Did you hear him confess it?

Brook. No, I did not.

Thomas Box < no role > . I live at the Three Nuns in White chapel. I heard on the 12th in the morning of this butter being stolen; on the 13th the prisoner was apprehended, and on the 14th I went to Hackney with the prosecutor, where we found some butter.

John Sutliffe < no role > . I am ostler at the Three Nuns. On the 11th of Nov. about half an hour after 6 the prisoner came into our yard with a little cart, and desired to feed his horse with half a peck of oats; I put him up and fed him; he turned his cart about; I then did not perceive any thing in it. About half an hour after 8 he went out; then I perceived there were baskets in it.

Q. Can you be sure there were no baskets in it at coming in?

Sutliffe. To the best of my knowledge, I did not see any.

Q. Can you take upon you to say, there was nothing in the cart?

Sutliffe. No, I cannot.

Q. What sort of baskets were they you saw in the cart at going out?

Sutliffe. I cannot say.

Q. At the time he was in the yard, where was the Chippingongar waggon?

Sutliffe. That came into the yard in the time he was feeding his horse.

Q. What was that waggon loaded with?

Sutliffe. That was loaded with live calves; but the hind part of the waggon had butter baskets and other luggage, some of which we were obliged to take out to get the calves out. On the 12th in the morning these baskets of bu tter was missing; on the 13th I met the prisoner coming along Leadenhall-street with the same horse and cart; when he came near our gate, we took him into custody; he was charged with robbing the Chippingongar waggon; he denied it.

Q. Did you ever hear him confess it?

Sutliffe. No, I never did.

William Griffin < no role > . On the 13th, about 9 or 10 o'clock, the hostler at the Three Nuns came to my house, and delivered a paper to me; there was wrote on it, Stephen Blamyer < no role > in trouble. The hostler said, he was detained on suspicion of stealing some butter, and desired I would go to him; I went, and found him in a room with about 8 or 10 people. I asked him, what he sent for me for? Some of the gentlemen told me, he was suspected of robbing a waggon of butter; they urged him pretty much to confess; he said, Gentlemen, if I am innocent, you would not have me confess? they said, by no means. One of the gentlemen said to me, if I was to go into a private room with the prisoner, perhaps he would speak to me. He and I went into a private room; I urged it pretty much to him, and said, it might go much the better with him; thinking by that meant it might be made up. Upon that he said, he had got it, that was all he said.

Q. What did he mean by got it? What was you talking about?

Griffin. We were then talking about butter taken out of the Chippingongar waggon?

Q. Did he say where it was?

Griffin. No, he did not.

Q. Can you take upon you, upon your oath, to say, he meant the butter?

Griffin. I understood he meant the butter; I had heard the particulars mentioned before, so that I thought it needless to mention it again.

Q. Was there any quantity mentioned?

Griffin. No, there was not.

Prisoner's Defence.

I was charged with stealing some butter. I desired they would take me to the place where it was taken from. I went in, and said, I knew nothing of stealing of it. They asked me, if I was in the inn that night? I said I was, and staid there I believe till 8 o'clock. I went in to get me a pint of beer; when I had drank it, I went about my business to Houndsditch, to meet my friend that wanted to go home along with me. He did not meet me. I came back, and had another pint of beer, and ordered my horse to be got ready to go home. I carry goods home for a great many people. When I came home I perceived baskets in my cart, which I suspected somebody had put in it, to be left in town. I took them out; there were no marks upon them. I did not know from whom they came, or whose they were. I said to my wife, I would leave them till somebody pleased to call for them.

For the prisoner.

Thomas Owen < no role > . I have known him almost 5 years, I never heard a miss word of him in all that time. He was a weaver, but now he follows that of a higgler.

Elizabeth Smith < no role > . I have known him from an infant; I never heard any thing of him but that of a sober honest man; I always looked upon him as such.

Joseph Reed < no role > . I have known him about 7 years; I never knew any thing but honesty by him.

Sarah Archer < no role > . I have known him about 3 years; he is a very honest man, as far as I know.

Acquitted .