125. ARCHIBALD NEALE proceedingsdefend was indicted for stealing, on the 12th day of February , twenty pounds weight of butter salted, value 20 s. and a wooden cask, value2 d. the property of Samuel Bostick proceedingsvictim and Ralph Arden proceedingsvictim .

(The witnesses examined separate.)

SAMUEL BOSTICK < no role > sworn.

I am a cheesemonger in the Borough, my partner's name is Ralph Arden < no role > : I only prove the property.

ROBERT DAVIS < no role > sworn.

I am servant to the prosecutors; I drove a cart to Brewer's-quay with 40 casks of butter in it, on Saturday last, from Mr. Bostick's; I went down, and the gateway was very thronged with carts, a horse was down, I went to help the man up; in the mean time my cask of butter was gone, I saw it two minutes before; when I returned to the cart I did not miss it, till I was told of it by Mr. Talbot's man; I followed the prisoner, and brought him back with a constable; he described the man with a blue jacket, I saw a cask missing, I went to the top of the gateway, and saw the cask in a town-cart that was standing for hire with one horse; there was one cart behind mine, the prisoner threatened to knock him down, and offered great violence, with very vulgar words; I thought the man's countenance altered, and I let the prisoner go, and brought back the butter; the witness Barker sat on a truck with another boy, and he said, you are very much to blame for letting him go, for I saw him take it: I found the prisoner again and took him; he said he would not go back without I would pay him for his trouble; his demand was threepence, which I paid him; he went about twenty yards, and uttered very ugly language, and threatened to knock me down if I followed him: I told him I would follow him till the sun set, and the moon rose, but I would have satisfaction; the constable took charge of him, and Barker said he was the man.

WILLIAM BARKER < no role > sworn.

I am guard to one of the mail coaches; I was employed by a gentleman in the Borough to take down a cart to Chester's-quay, which was full of carts; I could not get in, I sat down on my truck at the top of the gateway, as much as ten minutes; I saw the prisoner take away a tub of butter out of the cart, I am certain to him; I did not know Mr. Bostick's cart before, it was driven by Davis, he put it in a cart, but he could not get through; a man at the top of the gateway took the butter from the prisoner, and he walked with him to the tail of the cart, then the prisoner wanted to take it on his back; there was an alarm in five minutes, and I told what I saw, and the prisoner was taken; I am certain to the prisoner, I did not know but he belonged to the cart.

ROBERT HEATH < no role > sworn.

I saw the prisoner come from the tail of the cart with a cask of butter, he could not get it through, and another man came past and helped him with it, and he said it was to go to Cavendish-square.

Prisoner. Did any body tell you what to say? - No.

JOHN IRELAND < no role > sworn.

I can swear to the mark of the butter.

(The butter produced and deposed to.)

Prisoner. Did you mark any more the same? - I marked all the forty casks the same.

Did you ever mark any casks with the same mark? - Several days I have.

Bostick. This cask was in my possession the Saturday morning; a diamond B. 1186.

JAMES CLARKE < no role > sworn.

I was standing under the gateway, and I happened to turn my head, and I saw the prisoner with this cask of butter, I informed Mr. Bostick's carman; I told him to follow me, and we turned round and saw the cask lay in a town-cart, and the prisoner standing just by; I told him he was the person I saw with the cask; and he used very ill language, and said he would knock my eye out; I took the cask and put it intoMr. Bostick's cart; we lost the prisoner; Davis brought him back.

WILLIAM WELLS < no role > sworn.

I only took charge of the prisoner; I have kept the the property ever since.

PRISONER's DEFENCE.

About three years ago I came from the coast of Africa, and was very poorly, and I went to the Island of Cuba; I came to Cadiz in Spain, I learned some of their language; I know nothing about the butter, I never saw the man in my life, I was working for my daily bread; there are twenty people in blue jackets and trowsers, that use the quays as well as me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice GROSE.