Edward Hammock proceedingsdefend , of St. Michael Queen Hithe , was indicted for feloniously stealing 28 Bushels of Malt, value 3 l. 10 s. the Goods of a Person unknown, the 1st of August last.

He was likewise indicted a 2d time, for feloniously stealing 28 Bushels of Malt , the Goods of proceedingsvictim , Esq ;

Edward Day < no role > depos'd, That he having told the Prisoner that if he would come with a Skiff on board the Lighter, he should have 3 Quarters and a half of Malt; that he did come twice, and had each time 3 Quarters and a half of Malt, for the first of which he paid him (this Evidence) two Guineas, and for the second 1 l. 10 s. but it appearing that he bought and paid for the Malt, and it not appearing that he knew the Malt to be stolen, the Jury acquitted the Prisoner of both Indictments.