113, 114. (M.) William Poney proceedingsdefend and Benjamin Church proceedingsdefend were indicted for stealing a bushel and a half of barley, and two hempen sacks, val. 1 s. 8 d. the property of Henry Stevenson proceedingsvictim , Dec. 19 . +.

Hen. Stevenson. I live in the parish of Acton . I am a farmer . I employed Poney to thresh barley for me. On the 17th of December last, a man, named John Collins < no role > , came to me, and asked me if I had a man that threshed in my barn? I said I had. He told me, he thought he was a rogue. I asked why the thought so? He said, he and Church had been at his house, and offered to sell him some barley; and he said they were to come again, and he would send for me. I was accordingly sent for; there were the two prisoners, and two of my sacks with barley in them. The sacks were the wrong side outwards, but my marks were plainly on them, H. S. I asked the prisoners how they came by the barley? I had at that time eleven quarters stood in sacks. I asked if they took it from them? They said they did not; they took it from a heap that was threshed, and cleaned it.

Q. Did you know Church?

Stevenson. I have employed him in cutting chaff.

John Collins < no role > . On the 17th of December, Church asked me if I would buy any barley? Poney was by at the time. I said, I did not want any, I only kept a couple of hens. He said, you keep a hog, he will eat barley. I said yes, but I have very good pease. I was loth to let a rogue go. Then I said, I did not care if he brought some. Then Church said, two shillings a bushel is the price. I said I do not mind the price; you may bring a bushel. When they were gone, I went and let Mr. Stevenson know, they had told me they would bring it on Tuesday night, the 19th; then they brought two sacks, with about two bushels in them. Mr. Stevenson came; they were his sacks. Mr. Stevenson said, did you take the barley out of the sacks? They said no; they had cleaned it from the heap.

Poney's Defence.

I never put any barley in the sacks, nor ever took it out of the barn. I have a wife and three small children.

Church's Defence.

I have worked for the gentleman seven years. I never wronged him of a pin.

Both Guilty T .