320, 321. (M.) Thomas Praceye proceedingsdefend was indicted for stealing four wooden casks with iron hoops, val. 40 s. the property of Andrew Pankerman proceedingsvictim , privately in the warehouse of the said Andrew ; and Ephraim Shaw proceedingsdefend for receiving 3 of the same well knowing them to have been stolen , June 11 . +

Thomas Allen < no role > deposed, he saw Praceye and Bristow with a butt, the property of Andrew Pankerman < no role > , at Shaw's door on the 11th of June, a little before 4 in the morning.

Mr. Blewit, Mr. Pankerman's cooper, deposed, he went and found the butt lying on the ground just by Shaw's door, and it was his master's property; and that Praceye owned to him, he and Bristow had it from out of his master's warehouse in King John's court; and that Shaw had asked them to bring him some; and that he had stolen three others before, and sold them to Shaw; and that Shaw was taken up, and thirty butt hoops were found in his custody, and about fifteen or sixteen staves, and half a butt-head; that Praceye before Sir John Fielding < no role > said, they received 6 s. a piece of Shaw for the three butts, which were worth about 15 s. each.

Thomas Pitman < no role > deposed, he heard Praceye confess before Sir John Fielding < no role > , that he took the vessels out of the store-cellar in King John's-court, and carried them to Shaw, who paid him 6 s. a piece for three; that Shaw was before Sir John < no role > the last examination, and denied buying them, and said, he had the hoops found on his premises of Mr. Fletcher and others.

William Bristow < no role > the accomplice deposed to that of Praceye and himself fetching away the four butts from the warehouse and selling three of them to Shaw, and that they intended the other for him, had they not been detected by Thomas Allen < no role > .

Thomas Fletcher < no role > deposed, Shaw had cobled for him as a cooper, but that he never sold him any butt hoops.

Henry Wake < no role > , the constable, deposed, he heard the prisoner Praceye acknowledge he brought the vessel from King John's-court, and it was put down between the rails in the street and Shaw's house.

Praceye owned the fact.

Shaw's Defence.

I never spoke to Praceye nor Bristow about any butts, neither was I concerned with any; I had some staves to make up for Mr. Fletcher, and in his yard under some timber I found eleven hoops, I have them now in my possession to make up.

He called Mr. Fletcher, and Mr. Carpenter, Mr. Pigg and Jer. Clegg, three master-brewers, and who had employed him, and Timothy Shaw < no role > , a brewer's clerk, who all gave him the character of an industrious hard-working man, whom they had never heard any ill of before this.

Praceye Guilty of stealing, but not privately . T .

Shaw Acquitted .