28, 29. (M.) Benjamin Hill proceedingsdefend and John Sherman proceedingsdefend were indicted for privately stealing 29 gallons of Brandy, val 11 l. and 24 gallons of rum, val. 9 l. the property of John Mason < no role > in his warehouse , Nov. 1 .*.

It appeared by evidence, that the house wherein these liquors were was an empty house which the prosecutor had to let for his landlord, and that in that house were deposited divers things for the use of carpenters and bricklayers that work'd for the estate; and that they frequently had the keys to go in and out for their tools, and other things; there being no positive proof that the prisoners were the men that took the liquors, (there being others that constantly went in and out) they were acquitted .