371. NICHOLAS INNES proceedingsdefend and PATRICK DALEY proceedingsdefend were indicted for feloniously stealing, on the 9th day of February last, three thousand three hundred pounds weight of logwood, value 10 l. the property of John Low proceedingsvictim and James Porteous proceedingsvictim .

JOHN LOW sworn.

I am a dealer in foreign wood ; my workhouse is at Shadwell .

Court. Have you a partner? - No, I have a partner in that wood, but no partnership.

Who is your partner in this wood? - James Porteous < no role > ; we are partners now and then, by mere chance, just as we happen to buy a parcel.

Did you buy this wood together? - We did, the wood was bought by me, by the desire of Porteous, we were to buy it and sell it on our joint account; I have had it five or six months; I know nothing of the prisoners; but at the justice's, one of them said he found it.

How did you know the wood? - I knew it at the justice's, there is no mark on it, but being such a quantity of wood as that, I had not a doubt before the magistrate, and there is not a doubt remains with me; there was three thousand three hundred pounds weight of it, I had taken it in different lots.

Was all the wood produced that you lost? - No.

What time might it take to remove three thousand three hundred pounds weight of this wood? - I suppose four or five hours, it is in logs.

JAMES PORTEOUS < no role > sworn.

This wood was kept at Shadwell; half of it belongs to me; there was a waggon load of wood brought up to my house to be sold by the prisoners on the 31st of January; I can only swear to it to the best of my knowledge.

Was not it common logwood? - Yes.

Is not there a good deal of logwood in this town? - Yes.

You are not the only man that has logwood in this town? - Not by many; I am sure the prisoners brought it to me, they were with me an hour at the least; I did not pay for it, nor bargain for it; they left it to me to give the worth of it, they knew I was a judge of it; I told them they had it out of my warehouse, and I sent, and the warehouse was broke open, and the wood missing. Before the magistrate, Innis said, he found the wood, the other said something, but I cannot tell what.

JOSEPH WILLIAMS < no role > This name instance is in set 1534. This set is in the group(s): GarrowsClients . sworn.

I am a carman; about half past five, Daley called me up, and said he had a load of fire wood; I live about one hundred yards from Mr. Low's warehouse; I went with him, and found my waggon half full of wood; I took it for fire wood; I called up my man, and he loaded the remainder of the waggon, and these two prisoners went with me to Mr. Porteous's house; I was to have six shillings and sixpence for the carriage of it; I saw none of it loaded; I drove the waggon; Daley is a neighbour of our's, a very honest hard working man, bore a good character; I have known him two or three years; I put my cart in an evening in an open place, about one hundred yards from Mr. Low's warehouse.

Jury. Is it customary for people that employ you, to load your waggon without your knowledge, and then come to employ you to drive it? - God knows, I do not know.

Is it your mode of business, or did it appear to you singular? - I do not know.

Did you ever have such a thing done before? - No.

JOHN DISE < no role > sworn.

I am servant to Mr. Williams; I saw the wood loaded by two men, who did not speak; I cannot say they were the prisoners, as it was dark; they went with me to Mr. Porteous's; then I saw them and remembered their faces.

WILLIAM KNIGHT < no role > sworn.

I worked for Mr. Low the 31st of January. (Speaks to the wood being missing, and the warehouse being broke open next the waterside.)

PRISONERS DEFENCE.

We know nothing at all about it.

The prisoner Innes called Elizabeth Bell < no role > to his character, who deposed, that he lodged with her, and that on the Saturday morning before he was taken up, she heard him go out a little after five, as she pulled her curtain back when he went out, and saw it was just day break.

The prisoner Innes called two other witnesses to his character.

The prisoner Daly called seven witnesses to his character.

NATHANIEL INNIS < no role > , GUILTY .

PATRICK DALEY < no role > , GUILTY .

To be each confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. ROSE.