124. GEORGE HAYLAND proceedingsdefend was indicted for feloniously stealing, on the 15th of October last, one hempen bag, value 2 s. and 280 lb. weight of hops, value 9 l. 7 s. 6 d. the goods of Henry Goodwin proceedingsvictim and Co. proceedingsvictim and John Cotton proceedingsdefend was indicted for feloniously receiving the same on the same day, knowing the same to have been stolen .

THOMAS THORNTON < no role > sworn.

I am in partnership in the brewing way, I lost some hops on the 10th of January, I first heard of it from Justice Wilmot's men, I saw one bag at the justices, it was mine and my partners; I knew it by the marks, the bag was marked Y 61, 'I have no doubt but it was mine.

Prisoner's Council. When did you lose this bag? - Monday the 10th of January.

EDMUND WADE Sworn < no role > .

Court. Where was the bag found that is here? - At Mr. Cotton's.

Who brought that bag to the justices? I brought this piece of a bag to the justices by virtue of a search warrant, I know nothing against Hayland.

Prisoner's Council to Mr. Thornton. How many bags have you and your partners belonging to you? - Seven or 800.

And this you believe to be one of them? Yes.

How many bags have you sold within this twelvemonths? - None.

What have you left off business? - No, we are brewers.

When the people bring you the malt, do you send the bags backwards and forwards, what do you do with the empty bags? - We cut them up.

THOMAS HOBBS < no role > Sworn.

You are clerk to justice Wilmot? - Yes.

Did you ever see either of the prisoners at the bar? - Yes, both of them; I heard Hayland declare in the office upon his examination, that he had delivered and sold some hops, I think he said a bag of hops to a brewer in Virginia Street, Ratcliffe Highway; he did not say where he got it.

Prisoner Cotton's Council. Did you take it down in writing? - No, I did not, In consequence of that information a search warrant was issued out, and delivered to the officer, and soon afterwards there was a part of a bag of hops brought into the office from, as I understand Mr. Cotton's house; Hayland, said he, had sold some hops to Cotton, he wanted to make a discovery, he was charged with having that bag of hops in his custody, they took Hayland and the hops together.

Court. Was not Hayland asked whose hop bag it was, and how he came by it? I do not know that he said how he came by it; he said, he had delivered and sold a bag of hops to one Cotton in Virginia Street, nobody knew any such person as Cotton.

Prisoner Cotton's Council. Pray Mr. justice's clerk, how came Hayland was not asked whose hops these were, and how he got them? - I do not know.

Court. When Hayland was charged with stealing hops that were found upon him, did nobody ask him where he had got these hops, and whose they were? - That was asked of him, I believe before, and he had acknowledged before to the officer.

Prisoner Cotton's Council. You was not present? - The officer is in Court.

When Hayland said he had sold a bag of hops to Cotton, then there was a search warrant made out.

Court. Were no questions asked? - I cannot say there was.

When a man is charged for felony, and tells where he has sold the goods, is it an usual thing in your office not to ask him where he got them? - It is not my place to ask him, he might be asked it, the justice examined him, I do not recollect his being asked it. - Was he present when that bag was brought back? - I really am not quite sure.

Take time and recollect, Sir, you as a justice's clerk must know what it is your duty to attend to? - There is another besides me, I do not do all the business.

But you was present then, was Hayland there when Cotton and the bag was brought back, that is a plain question? - Upon my word, I cannot say directly.

Did Hayland ever see in your presence that bag that was brought back? - I think he did.

Recollect, Sir? - I did not expect to be called upon here.

You must expect it, it is your duty to be called upon, for what purpose are examinations taken before a magistrate? - That is very true, Sir.

Who was present and can tell? - Here is Samuel Yardley < no role > .

Prisoner Cotton's Council. Your business is to be Justice's clerk and witness I see? - I did not expect I should come here.

Why sitting at the office you was as great a man as the Justice; you sit with a pen and take down every thing that is said? I did not take down any thing.

You only took the shilling for the oath, I suppose, was the information of Hayland taken down in writing; upon your oath? - I do not know that it was, it was not by me.

I do not know what kind of clerk you are, you are but a very bad witness; do you know it was not? - It was done all that was necessary; the examination of Hayland was taken down and returned.

What did you say to this man before his examination? - Sir!

Answer my question without making me repeat it twice; What did you say to the man before his examination? - Nothing that I know of.

Why are you so guarded? - I speak the truth.

I wish you would; upon your oath was any thing said to him? - Not to my knowledge.

Then you do not know it was not? - I heard what was said in the office at his examination, I cannot say I listened to all of it.

Is the examination returned? - No, it is not.

Was you present when this bag of hops was brought back from Cotton's? - I was.

Then cannot you recollect whether Hayland was there, and acknowledged he had sold it to Cotton? - I recollect he acknowledged he had sold it to Cotton, I do not know that I saw the bag any more.

Prisoner's Council. How long ago was this, this time twelvemonth? - May be about a week ago.

Court. What, and cannot you remember? No, I cannot say I can.

- WADE sworn.

I brought this bag to the office; Cotton's partner was there: I never saw Hayland to my knowledge.

BRAND VALENTINE ROBINSON < no role > sworn.

I am clerk to the brewery, I had a search warrant made out upon an information, and I went with Wade and another to Mr. Cotton's brewhouse, and I found a bag there that I knew to be the property of my master; I came back and brought Cotton's partner, Cotton himself was not at home, in the evening Cotton came; the search was made last Monday.

Prisoner Cotton's Council. You was at the office when this bag was brought back from Cotton's? - Yes.

Do you know Hayland? - He was not there at that time.

Was he at any time there after that bag was brought back? - I have never seen him since the bag was brought back, except today.

Was that bag found at Cotton's the property of Thornton and Co. - Yes.

When was it lost? - The bag that was found on Cotton's premises was missing and several others.

Do you know this to be one of your bags? - Yes.

In what situation did you find it at Cotton's brewhouse? - There was two or three bags laid before it.

Court. Were they hid any where? - They were laying openly.

Like any other bags? - Yes.

Prisoner's Council. How came it to be charged so far back as the 15th of October? - The receipt for the bag to Cotton is dated the 15th of October.

Court. Could it have been so long without your missing it? - Yes, it might have been longer.

Court to Hobbs. Can you recollect this, when Hayland was brought to the office with the bag of hops found on him, was there any promise of favour made to him, If he would confess? - I never heard of any such thing.

- WHITFIELD sworn.

I am servant to Yates and Brown, Hopmerchants; Mr. Thornton's brewery deals with them, I have seen that sack, it is one of Mrs. Yates's sacks.

Court. You are sure that sack was sold to Mr. Thornton? - I am clear of it.

Prisoner's Council. How long ago? - Sometime about March, 1781.

You deal with many other brewers do not you? - Yes.

And you let them have hops with your marks on them? - Yes.

You mark them? - No, my fellow servants do

There are other hop-factors besides you, are not there? - Yes.

You did not put this mark on this sack? No, but I was by when they were put on, I was by all the sacks that were weighed at that time.

Court. Here is no evidence to affect Cotton.

PRISONER HAYLAND's DEFENCE

I am very innocent, I have neither friends nor money.

GEORGE HAYLAND < no role > JOHN COTTON < no role >

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.