216. JAMES SCOTT proceedingsdefend This name instance is in set 1362. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing, on the 9 th day of January last, 44. pounds weight of spermaceti, value 5 l. the property of Francis Gossip proceedingsvictim , in his dwelling house.

FRANCIS GOSSIP < no role > sworn.

On the 7th of this month, I refined a boil of spermaceti, and on the evening about eleven I took it out of the pan into smaller pans, I filled those small pans to No. 12; on emptying one of them, I carried one into my front shop and the remainder next day; I piled them in my shop, nine on the table and three in the window; on Tuesday morning following, I missed a spermaceti cake; I enquired of my servants, and found one was stolen; I went as soon as I missed it to different people of the trade, and in a day or two following, I received information of it at Mr. Soames's, in Catwater-street.

Court. How do you now it was the identical spermaceti? - For several reasons, there are only three refiners of spermaceti in London; Mr. Enderby, Mr. Pugh, and myself: I pack in small pans.

Court. Are the other refiners here? - No; the pans are all of a size and colour, and it is impossible to refine two boilings of spermaceti of one and the same colour, and I never sold a pan of spermaceti since I have been in business.

Court. Do you know how the others boil? - They make use of square pans, and I make use of round ones.

The Remainder of this Trial in the next Part, which will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 14th of JANUARY 1784, and the following Days;

Being the SECOND SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER II. PART VI.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of James Scott < no role > This name instance is in set 1362. This set is in the group(s): GarrowsClients . .

Did you try this cake at all whether it would suit your pan? - No, but it has other marks that I can identify it by; it was very severe cold at the time this was taken out, and by cooling very suddenly they cracked a little at the top, and this amongst the rest has a kind of a cross or crack.

Court. Why if any of the other refiners had refined while that severe cold was it must have had the same effect. - It is my property, I swear to it now.

Did you know the prisoner before this? - No.

Had you ever seen him near your house or shop? - No.

How far do you live off? - Compton-street, Soho .

Are there any other reasons that you can give for knowing it to be your property? - The cake is here; it is the same boil, the same spermaceti; I have compared a sample.

Mr. Garrow Council for the Prisoner. I believe it is impossible to judge about spermaceti by candle light; but pray how long have you been a refiner of spermaceti ? - About four months.

If you had not some reason from its shape or from some insignificant track at the top you do not otherwise know when it was manufactured; can you, or a more experienced dealer in spermaceti, tell whether it was manufactured this year? - No man can tell that.

Do you ever keep spermaceti by you? - Yes, large quantities.

During four months you used round pans? - I have been almost twenty years in the tallow chandlery.

Court. And has all your skill and experience in spermaceti been collected within these four months? - I have made spermaceti candles since 1759.

Does that intitle you to swear with accuracy as to the refining of spermaceti? - I was a very good judge of spermaceti before.

Now the spermaceti comes to you in its refined state? - It used to do.

I ask you this, answer it like an honest man, whether the spermaceti that you used to make candles of did not come to you just in the shape you produce it? - It did not come in this shape.

Is it by a crack which is produced by an indiscreet mode of cooling it, is that the way you indentify it? - I cannot say more than I have.

Do you mean to tell the Court that you will not answer the question; is there any thing that should present a man, who was a tallow chandler, and had a pan of that size, from pouring it into that pan; is there any how against it? - If spermaceti comes to be refined it becomes blacker.

My question is this, whether if a man had poured his spermaceti into a pan of that size it would not have taken precisely that form? - It would have taken this form if it had been poured into this pan.

Is there any thing singular, any name, any initial of a name; with respect to round pans and square pans, what are they made of? - Earthen ware.

Are they made of one peculiar manufactory? - They are made at Lambeth.

I might buy pots of that size, they are not made for spermaceti alone, you being young in the trade make shift with pots? - Yes.

Now suppose any other little refiner should set up and go to Lambeth to buy pots, could he have there? - There is no other refiner than what I have mentioned.

How do you know that? - Because there is none that have presses but what I mentioned.

What is a press? - A very large piece of workmanship. It is a large undertaking.

Can you boldly tell the Jury, that there are no men who use these round pans for putting their spermaceti in? - Yes.

How can you venture to say that? - I have not seen any, and if there was, you cannot bring spermaceti to match this, except at my house.

That is a pretty bold assertion, that no person uses round pans but you.

Jury. Will not the air alter it? - It may grow whiter by continuing in open air, but still all the parcel will be the same.

Mr. Garrow. What is there that is peculiar in this spermaceti? - It is of a particular boil.

Is it whiter, browner, or more yellow? - This we call exceeding good stuff; and there is no quantity of that sort but this in London, nor no where else.

Court. Then perhaps it does not agree exactly with your pans? - Exactly in colour and weight.

Mr. Garrow. My Lord, it is my duty, and it will always be much my disposition to submit my questions to the Court: In this case, your Lordship fees I am combating this peremptory assertion, the grounds of which, he is not able to explain to the Jury, because I submit on the part of the prisoner, that this is a property that cannot be identified.

Court. Go on.

Is there any thing extrinsic in the form of that spermaceti by which you can affect to distinguish it? - It is the form of all my pans, and all the rest are alike.

Then extrinsic of the form and shape there is nothing?

Jury. If you was to see a piece of spermaceti broke off that cake, should you know it was your own? - I could when compared.

Mr. Garrow. My Lord, if Gentlemen of the Jury, without seeing the drift of my question, are to prevent an answer by asking others, and so to decide for themselves, I despair of doing any thing for the prisoner.

Court. They may ask questions.

Mr. Garrow. Certainly, my Lord, and as to the truth of this witness's evidence, that must be considered by the Jury alone; but I submit it is perfectly novel for any body except the Court to break into my examination till I have done with the witness.

Court. Then go on.

Mr. Garrow. You say that by the size, the shape, and the form of that, you believe it to be your's; that is one description: is there any thing else besides the shape and the form of it by which you can distinguish it from any other property? - The quality.

Now what is it in the quality by which you can distinguish it? - I wish you was a judge of it; I have a sample of the same kind of another pan, and if it was daylight, you would see as well as I that it was the same colour and the same quality; and if you saw this cake and all the rest, you would have no doubt of it.

Have you compared it with the other eleven? - I have compared this and the other eleven.

What since you lost the one? - No.

Then you have not made the comparison you are calling on me to make? - The comparison is in my eye.

You said that if I was to compare it with the other pans I should have no doubt, why you have not done it yourself. - No.

If any other spermaceti was in that round shape it would be like your's; suppose any other refiner was to borrow your pan? - I defy all the world for refining a boil of spermaceti to bring it to this colour.

Would not it exactly correspond if it was that your old? - You can easily tell if it is old.

You say you never saw any other refiner put them into round pans? - No, I never did.

But that they do not do it you cannot tell us? - They may do it if they chuse.

Can you say that no other man in the trade uses round pans? - I do not know that they do.

You do not know that they do not. - Take it so; Mr. Pugh and Mr. Enderby make use of square pans.

You do not know that they do not use round pans? - I do not know that they do, they generally use square pans.

How frequently do you see any of Mr. Pugh's pans? - I am at his house every week.

Suppose one of his lead things was out of repair, might he not put it into a round thing for once in a way? - He might.

ABRAHAM WEAVER < no role > sworn.

Court. What are you? - A tallow-chandler; the prisoner came to my house on Monday morning last; I knew him before.

What is the prisoner? - He is a housekeeper in the city.

Mr. Garrow. He keeps a tallow-chandler's shop. - No, I believe not; the prisoner came to me on Monday morning last, the 12th of this month, about ten o'clock, and asked me if I knew the value of spermaceti; I told him I did not; he said he had a piece at home, and if; I dealt in it, he would let me have it I told not, but that I was going in the city about four in the afternoon, and I would call at his house and take a sample of it; I called on him.

Whereabouts does he live? - In Widegate-street, Bishopsgate; I went in, and I saw this piece of spermaceti lay on a basket, open as it is now; the prisoner's wife was behind the counter; I cut off about an ounce, and came into Bishopsgate-street, and just by the corner of Houndsditch I met Mr. Soames, who was my master; I shewed it to him; I went to a wax-chandler who deals in spermaceti, whose name is Thorley.

Court. His name is not on the back of the indictment, therefore do not mention it. - I returned back, and saw his wife, and I told her.

Mr. Garrow. Never mind what you told her. - On Monday this transaction happened about this piece of spermaceti; on Wednesday morning the prisoner brings it to my house, and he said this is the spermaceti; he weighed it, and it weighed forty-four pounds; at the price I dealt for it, it came exactly to four pound and eight-pence, and that I should have paid him, but he required no money; I told him, very well, I should send it immediately to the merchants; I do not make use of it myself. I asked him how he came by it; he said he had it of a gentleman; he did not say how, only that a gentleman brought it into his shop; I should have bought it for myself if I had used it as much as butter or bacon; he left me in the morning, and Mr. Soames's man called at my house, and this spermaceti was sent by him to Mr. Soames's house; there it was apprehended.

What was you told by Mr. Soames? - He told me the real price was two shillings and sixpence; the prisoner has bought candles of me before; he owed me nothing, but the price of this was to go in account in future candles.

Mr. Garrow. The prisoner did not press you to make an end of the treaty? - Yes, he brought it to my house on the Wednesday, I should not have sent for it.

He brought it from his shop publickly to your shop publickly without any concealment? - Undoubtedly he did.

And described to you that he bought it of a Gentleman? - Yes; I believe this is the piece I sent to Soames; there is a cross upon it which often happens on casks of tallow when they stand to cool.

Is not that the way that every thing cracks that cracks from the centre? - Upon my oath that is the same piece.

Did you ever deal in it before? - No.

Is it usual for tallow-candlers to buy, pieces of spermaceti? - Yes, it is, pieces of wax and spermaceti; that is, I then pieces of candles

HENRY SOAMES < no role > sworn.

Court. What are you? - I sell spermaceti candles.

How many refiner are there in town? - I cannot say of my own knowledge.

Mr. Garrow. Then do not tell us at all.

Court. There was some spermaceti shewn you this last week by Weaver? - I met Weaver in Bishopsgate-street on Monday or Tuesday last, and he shewed me some spermaceti in a sample, and said he had got a cake of spermaceti to sell, and my man called at his house.

Mr. Garrow. That you do not know. - He brought me home this cake of spermaceti.

Court. Do you understand spermaceti? - Yes.

Does the spermaceti of one boiling resemble that of another? - I am not a competent judge of that; this is the same spermaceti that was brought to my house.

Mr. Garrow. Have you had it ever since? - Until I delivered it to the Justice.

Can you distinguish the spermaceti candles of one boiling from those of another? - In general they are pretty much alike.

There are a good many, of spermaceti I believe? - But very few.

Court. But supposing a number of candles were delivered to you, taken from different lumps of different boilings, would they be of one colour or of different colours? - I should imagine they would be of different colours.

JOHN HEATH < no role > sworn.

I brought the spermaceti from Weaver to my master.

THOMAS PIPER < no role > sworn.

I am a tallow-chandler; I work for the prosecutor: last Wednesday was a week we refined some spermaceti; in the evening we took it out of the copper and put it into pans to cool; on the Thursday morning we took one of the cakes out, and carried it forwards into the shop, he thought it was not cold enough; he let it stand till the Friday morning, then he carried the rest there; on the Friday they were all in the shop; on the Tuesday morning my master called me, and asked me how many pans we had filled; I told him twelve; I counted them and there were but eleven

Court. Do you know who took it? - No.

How long have you been practised in refining spermaceti? - About three months.

Is there any difference between the several pots of spermaceti that are refined in the same boiling? - No.

In what respect do they resemble each other? - In colour.

In what else? - In shape generally, but the colour is the object.

How can you safely swear whether this is the same? - To the best of my judgment it is.

Mr. Garrow. You cannot positively swear that that is one of your master's? - I swear to the best of my knowledge.

In what does it differ? - they that understand it could tell.

Do you understand it? - understand it so far as that.

Then tell me? - Because it is not brought off sometimes properly and it will not be so fair.

Is that well brought off? - Yes, I look upon it to be a very good piece of sperm.

Would not another good piece of sperm be like it? - I cannot tell, this seemingly resembles that boil; but there are so few of the trade that them are none I believe that use pans.

Aye, I thought you had learned that. - If they came to be clapped together you might see some difference.

Have you compared that with the spermaceti? - No.

Not with the other eleven pots? - Yes, by a pattern taken off of the piece.

Did you compare it? - No.

You judge of it then by its being a round thing? - If you was to take the cake there, you would think it was the same boil.

You know as little about it as I do? - Oh, I think were too.

In what can you say either that it resembles your master's, or differs from the manufacture of another man? - I swear to the best of my knowledge; but as to the differing from any other it is impossible to tell, unless you was to clap them together.

And you have not clapped them together, therefore you cannot tell; now if any body else had made one in a round pan, the shape of mat would have been like it? - It might.

Do you think that that piece would go into any other of the pans than that which it was taken out of? - Very likely it might.

But very li kely it might not; do you think it would? - I really believe it might.

Your master did not know how many he had poured out it seem! - I dare say he did.

You know he asked you? - That was to hear what what I had to say.

You are lately turned refiner too? - That is no odds to any body.

Did not your master take up this trade because he was indicted for a nuisance? -

Court. That is nothing to the purpose.

Prisoner. I leave my defence to my council.

FOR THE PRISONER.

BENJAMIN NORDEN < no role > sworn.

Mr. Garrow. Do you know the prisoner? - Yes.

What is he? - He sells candles, soap, and butter, a fort of chandler; and he has served me for eighteen or nineteen months. I keep a shop; I settle my accounts with him every week; I was there last Monday about nine in the morning; he was weighing out some candles for me; in the mean time, a man came in, and brought in a basket, something I did not know what it was; I thought it was wax; I cannot swear it was this, but it was just the same as this.

Do you believe it was that? - I believe it was that. A man came in, and put a basket down, and asked Mr. Scott whether he wanted to buy it; I did not understand whether it was spermaceti or wax; he asked him a price however: he called the girl out to attend me, and the girl came out and weighed up some candles for me; I heard him asking a price; I believe he said two shillings or two shillings and two-pence, but I cannot tell rightly; and he told Mr. Scott that he would take it out half in candles; and the prisoner told him he would give him two shillings a pound if he had a mind to take it all out in candles: at last they agreed, and he looked out and told him the sizes, and I saw some money pass from Mr. Scott to the man, some shillings, four, five, or six.

Did the man leave what he brought in his basket? - Yes, I believe it to be this; he put it upon a basket behind the counter upon a shelf.

Was this a secret or open transaction in the shop? - It was upon the counter, open; several people came in besides; the servant was there.

Court. What are you? - I keep a shop.

Whereabouts? - In Petticoat Lane.

How long have you kept it? - About eighteen or nineteen months.

Have you been in your shop all that time? - Yes, I have been out of my house in the country for a few days.

Have you lived no where else in town? - No, Sir.

Are you clear in that? Have you laid no where else? - No, Sir, not when I was in town.

You are sure of that now? - Yes.

How long have you been acquainted with the prisoner? - Only as long as, I kept shop; I was recommend him, and he sells candles reasonable.

Was there any other person besides you that overheard this conversation, and saw this man bring in this? - No they did not stop; I was obliged to stop because I had an account to settle.

What was he to give a pound? - I cannot recollect whether it was two shillings or two shillings and two-pence.

When you came into the shop who were in the shop? - There was nobody there; Scott was there serving me with some candles.

Was any of the prisoner's family there? - His wife was in doors.

Was his servant there? - She was in the room till he called her out.

When the prisoner first called her, was this strange man in the shop or no? - Yes.

Do you recollect how that stranger was dressed? - Yes, he had a dark brown or black coat and waistcoat, I cannot tell which; I believe he had his own hair.

Was you dressed as you are now, or how otherwise? - I had a brown great coat, a white coat, and a wax leather round hat.

What hat had the strange man? - I do not know.

When the servant came in, where was her majesty standing? - Behind the counter.

Was he standing to the right or left? - He was near to the street, near the scales.

Where was you standing? - Just by the counter, a little higher up towards the room.

How far in this conversation about the bargain had they gone when the maid servant came in? - So soon as the man came in and put the basket down he called the maid directly.

Did you see the cake weighed? - I saw it put in the scale after, I believe, had made the bargain.

How long did the stranger stay in the shop? - Very hear half an our to the best of my knowledge.

Did the maid stay all time? - Yes, she staid to weigh out the candles into pounds, all sorts of candles.

Do you recollect how she was dressed then? - I really cannot sell rightly.

Had she a hat or no? - No, she had not to the best of knowledge.

How long did you stay in the shop? - I was there at eight, and staid near half an hour.

Which went out first, you or the stranger? - The stranger went out first.

Court to Abraham Weaver < no role > . How much a pound was you to give for this? - Two and twenty pence.

Is the price of spermaceti reduced lately? - I did not know the price, and therefore I went to two or three people.

Court to Prosecutor. What is spermaceti a pound now? - About two shilling and five-pence a pound. I would not take two shillings and five-pence for what I have at home.

Mr. Garrow. Is not the price considerable reduced in consequence of the peace? - Yes.

ANN SIMCOCK < no role > sworn.

Examined by Mr. Garrow.

Was you servant to the prisoner? - Yes.

Do you know a Mr. Norden? - Yes.

Had he dealings with your master at all for some time? - I have lived with the prisoner eight or nine months.

Have you frequently seen Norden there? - I saw him last Monday morning about nine; he came in and asked for some candles, and some other business he said he was about besides; my master was serving the candles, and this man came in with the spermaceti, and he left off serving the candles himself, and called me to serve them; I saw what was in the basket, it was a cake of spermaceti; it was as nigh as I can recollect such a one as this. The man asked my master the price of the candles, he told him seven shillings a dozen; there came other customers in, and I kept serving them, so that what the price of the spermaceti was to be I did not hear.

Did you hear them treating for the sale of it? - I did not understand what the words were, they were talking together, but I did not understand what they said, nor hear what price he was to have; he took away some candles, my master served him, I did not assist in serving him; I did not continue in the shop all the time the man was there, I was in the kitchen two or three times.

Did you see Mr. Norden there after the stranger was gone? - Yes.

How long did he stay afterwards? - About half an hour.

How long was the things in the shop? - I count he might be half an hour, of longer, I was not there all the time he was.

What became of the spermaceti that he left? - When he was gone the spermaceti lay on a large basket in the shop; it lay there from Monday till Wednesday, I had no directions about concealing it, it lay openly in the shop as the rest of his goods; a great many people came in and out.

Court. How was this stranger dress? - To the best of my knowledge it was black.

Did you see Norden come into the shop? - No, I did not see him come in.

How was Norden dressed? - I cannot properly say.

Had he a great coat or no great coat? - To the best of my knowledge he had no great coat, but I did not notice.

What coloured cloaths had he on? - I cannot properly say, I did not take notice.

When you was called into the shop where was he? - He was standing by the counter.

Which part? - about the middle, to the best of my knowledge.

Where was your master standing? - He was behind it.

Was he near the street; or near parlour door, or what other door? - He was almost in the middle of the shop.

Then it was fronting the street, was not it? - Yes, it was.

Do you remember that there were two pair of scales hanging up in the shop? - Yes.

Were Norden or your master standing near the scales? - I did not see either of them standing near the scales.

Which went out of the shop first, Norden or the stranger? - The stranger.

Who weighed out the candle to the stranger? - My master to the best of my knowledge.

Are you sure of that? - No. Sir, I am not properly sure of it, but to the best of my knowledge; I was serving other customers

Then you did not help at all to weigh out the candles to the stranger? - Not at all to the stranger.

Did you hear any bargain made by the stranger and your master? - No, Sir, I did not.

How long had you lived with your master? - Eight or nine months, I cannot possitively say which.

Did you ever know your master buy any spermaceti before? - No.

PRISONER's DEFENCE.

I was taken up only late on Thursday evening, and this being Saturday, is such a busy day with trades people that I could not get any body to appear for my character.

Court. Let Norden and the girl go out of Court: I want to ask a question of Weaver.

You say that the prisoner came to you last Monday about ten? - I thought it was Monday, but on a second thought I believe it was Tuesday.

When was it then that you went and cut off a part of it? - On the same day in the afternoon.

Court to Soames. When was it that you met Weaver? - Monday or Tuesday I am sure.

I Cannot you tell which? - It was Monday.

Are you sure of that? - Yes; I am sure I went to the play on Tuesday to the best of my knowledge I think it was Monday, I, went to that Theatre on Tuesday and I am sure it was not Tuesday, I staid at home all the afternoon, and we drank tea remarkably soon, and went there remarkably soon.

Weaver. It was ten o'clock on Monday or Tuesday, but I rather suppose it was Tuesday.

(Norden called in.) What time of the day did you say this was? - It was in the morning about nine o'clock.

Court to the Maid. What time of the day was it that the stranger came in? - About nine in the morning.

Court to Norden. Did you see how much money the prisoner gave this stranger? - I cannot tell rightly.

How much was in? - Five or six shillings there was no gold; it was thrown down on the counter.

What sort of a basket had he? - A square basket.

What might in contain? - It would hold four or five dozen of candles at the least.

Court to Jury. Gentlemen, the first question is, whether this piece of spermaceti is properly identified, in order to prove that it is the same, two witnesses have been called, the prosecutor and his servant, and they tell you they can swear positively to the spermaceti; but it is incumbent they should give you such reasons that should induce you to believe they do not swear rashly; they are called upon to assign their reasons for swearing to it: and they are first generally, that the spermaceti lost was of the form and fashion; that is not sufficient of itself: the next circumstance is this, that all the spermaceti of one boiling has a particular cast and colour, and that they can safely swear to it, and that it is always distinguishable from any other boiling: the prosecutor says he can also distinguish it, and there are but three other spermaceti refiners and that they do not refine in round pans as does, but however it is possible they may the learned Council for the prisoner has very much insisted that it is not sufficiently identified, but you must observe that in trades and occupations there are certain things that induce men by habit, and otherwise, to distinguish one thing from another, when it is not in their power to produce the minute mark of discrimination; and I will tell you what I have found on the circuits, that a shepherd shall know the face of every sheep perhaps if there are a thousand and he can swear to every sheep though he cannot point out to you or me the reason why, If you think the witnesses are fully justified in swearing as they have done, from the colour of it, and comparing it by samples to be the same boiling, then the identity will proved to your satisfaction. The next matter for your consideration is this, you see this was in the custody and possession of the prosecutor on Friday last, or Monday I think or Tuesday it was found missing, on Monday it is in the possession of the prisoner, so that very little time clapses indeed from the time that it was lost to its being found in his possession; yet if the prisoner could by facts or circumstances give a reasonable account how he came by it; if this had been a commodity in which he used to deal, that would have been a sufficient reason; but the servant declares she never knew he dealt in it; and Weaver was so much a stranger in it he did not know the price; the prisoner has called two witnesses to prove that a person sold it him, if you believe them it is a good defence; but you must weigh their evidence and compare the circumstances and the testimony of the one witness to the other, and consider what degree of credit they have; the first witness tells you that two shillings and two-pence was asked and two shillings was given for it: What does this man do? He goes immediately, without complaining of any loss, and sells it for two and twenty pence; some money was paid, the rest was in candles; some candles were weighed, and there must be one hundred and fifty pounds weight of candles, and these are put into a basket that will hold five or six dozen of candles; therefore you will consider what degree of credit this defence is entitled to; I examined the witness separate as to a great variety of minute circumstances, they did dister in some things but not so much I think as to impeach their credit by buy great variance: certain it is that when two witnesses relate a transaction that has passed even a few days before, they may, partly from the infirmity of human recollection, and partly from inattention at the time, very in small circumstances. Norden said the maid assisted, the maid says she did not; that might be a mistake in Norden, but the main leading features are, his selling this for twenty-two pence a pound, for which he gave two shillings; and the other is, his into this basket, which would only hold five and six dozen of candles, one hundred and fifty pounds weight of candles; if you think it is doubtful whether this is the same spermaceti, and that these witness have sworn truly, then in God's name you will acquit the prisoner: however there is no evidence of this being stolen in the dwelling house, therefore you will acquit him of that, whatever your opinion may be as to the other part of the charge.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.