96. (M.) James Smith proceedingsdefend , was indicted for stealing one hempen sack, value 1 s. 6 d. 4 bushels of wheat, value 12 s. the goods of Thomas Smith proceedingsvictim and Co. Nov. 29 .*

Thomas Tombs < no role > . I am lighterman to the prosecutors. I lost a sack of wheat the 29th of Nov. the sack was mark'd C S B the property of Mr. Cook and Co proceedingsvictim . it was taken out of the barge, which lay against alderman Parsons's stairs. The sack which I have sworn to is on the other side the water, with the wheat in it.

John Smart < no role > . This witness Tombs is our lighterman, he works our corn for us.

Q. What are your partners names?

Smart. Thomas Cook < no role > , Joseph Bishop < no role > , and James Cook.

Benjamin Gibson < no role > . I am a waterman. On the 29th of November, I was looking out at Horsly-down new stairs. There came a little boy and said, a man was taken at the next stairs stealing corn. He was taken by a lad. The man said, I'll give you any thing to let me go; then the lad consented, and he shov'd his boat off. Isaac Clark < no role > and I put off and took him, which proved to be the prisoner at the bar; the sack of corn was in his boat.

Q. What is the prisoner?

Gibson. He is a bomboat man, i.e. to cry drams about the river.

Q. Do you know this lad who had first taken the prisoner?

Gibson. It was dark, and I don't know him. The prisoner begged our pardon and desired us to let him go, and offered us all the gin in his cag and sixpence if we would. Thomas Tombs < no role > came the day after, and said it was his master's property.

Isaac Clark < no role > , confirmed the testimony of the last witness.

Prisoner's Defence.

I was coming up the river from Deptford, about 6 o'clock a lighterman called me to come alongside him and asked me where I was going; I said up to Battle-bridge; he jumped into my boat, and put this sack of wheat into my boat, and desired me to give him a cast to Mill-stairs, and said he would give me three pence. He went on shore and staid some time, and came again with a pot of beer in his hand and made me drink, and said, he would meet me at Battle-bridge; and as I was coming up I called at another ship that lay at St. George's stairs, where some persons took me, and asked me what I had got; I told them I did not know, I had not touched it, but I thought it was sand; they let me go. Then two more came and stopped me and they let me go. Then these two men stopped me and sent for Mr. Scrivener, and he bid them let me go. But they said they should have 5 l. each for stopping me.

Guilty .

[Transportation. See summary.]