170, 171, 172, 173, 174. (M.) William Yates proceedingsdefend , Richard Rivers proceedingsdefend , William Sawyer proceedingsdefend , John Burch proceedingsdefend and William Dobins proceedingsdefend , were indicted for stealing 50 gallons of strong beer, value 25 s. the goods of John Cumberledge proceedingsvictim , in the warehouse of the said John, March 18 . +

John Cumberledge < no role > . I am a publican, and keep a store-cellar in Peter-Street, Westminster . I lost a great quantity of beer out of my store-cellar; but am not a judge how much. Several of my butts had not so much in them as they should have when we found it out.

Q. Was all the beer in that cellar your property?

Cumberledge. It was.

Benjamin Edwards < no role > . I am cooper to Mess. Cousemaker and Co. who serve the prosecutor with beer. I was starting beer in this store-cellar on the 18th of March, and found several of the butts were peg'd clandestinely, the beer was much of it gone. I started two barrels of beer into four butts, to fill them up again; the next day I went there again, and found the butts had been peg'd again afresh; I then look'd about, and found the broken place where the persons had got into the cellar.

Q. How much of the beer was missing?

Edwards. I can't tell; but I found out of two butts there were near 18 gallons missing in two days time; which were two of the butts that I had fill'd up.

Q. Who had the care of the cellar?

Edwards. Either Mr. Cumberledge or I always kept the key of it.

Q. Describe the place that was broke open.

Edwards. On the Saturday night the 19th of March, Mr. Cumberledge and I went into the cellar together, and found a board broke up in the floor over it, and laid down in its place, but not fasten'd. I got some nails, and nail'd it down.

Q. How came you to suspect the soldiers at the bar? [the prisoners were all soldiers .]

Edwards. I did not know which way the liquor went till the evidence here (another soldier) confess'd; and after that every one of them confess'd it themselves.

Joseph Taylor < no role > . I am a soldier. I was quarter'd in Dean-Street, Soho, and had money quarters; so William Dobins and I lodged over this cellar.

Q. When?

Taylor. I believe it was in February when the board over the cellar was broke open; I don't know exactly the time.

Q. Who was at the breaking of it open?

Taylor. Rivers, Dobins, and myself.

Q. How was it broke open?

Taylor. With a poker.

Q. Which of you broke it open?

Taylor. They both did; I lay on the bed at the time.

Q. Who went down into the cellar?

Taylor. I did that night, and fetch'd some beer up, and they pull'd me up again.

Q. How did you get at the beer?

Taylor. I tap'd one of the butts with a gimblet, and drew it off into a little brass kettle.

Q. Which did you deliver it to?

Taylor. I deliver'd it to William Dobins < no role > ; they were both in the room at the time.

Q. How much might the kettle hold?

Taylor. It held about a full-pot, or a little better.

Q. How many times might you fill it that night?

Taylor. I believe about eight or nine times.

Q. Did you go down after that?

Taylor. I did, in about two or three days after.

Q. Who was there at that time?

Taylor. Rivers and Dobins were then in the room.

Q. How much liquor might you draw at that time?

Taylor. Much about the same quantity as we did before.

Q. Was the board loose then?

Taylor. It was, we only laid it down.

Q. Did Rivers and Dobins go down into the cellar?

Taylor. No, they did not; I went down and drew the beer, and deliver'd it to them, and they emptied it into another thing.

Q. How many times might you go down?

Taylor. I believe I went down six or seven times, and drew near the same quantity cach time. We had an iron pot to put it into, that would hold about five quarts.

Q. How many times did you fill that in a night?

Taylor. We fill'd it twice in a night.

Q. Were the other three prisoners with you there at any time?

Taylor. They were all of them drinking with us there at different times; and they all saw the beer deliver'd up. Burch and Yates have been down in the cellar and drawn beer themselves.

Q. How often did they go down.

Taylor. Yates went down twice, and Burch might go down six or seven times; they both deliver'd up beer as I had done; and after we had done, we laid the board down again in the same manner as before.

Q. Were the five prisoners and you all there at one time?

Taylor. No, we never were.

Q. Were there any other of the prisoners down in the cellar?

Taylor. No. Sawyer once tried to go down, but could not; but there were two pots of beer drawn that night, and he drank part of it.

Q. How much do you think you drank in the whole?

Taylor. I think there might be a butt and a half drank and wasted in the whole.

Mr. Morgan. I was at justice Carkass's, when the evidence and all the prisoners (except Dobins ) were there, he was ill in the Infirmary at that time. They were charged with robbing the cellar of beer; they all own'd to the drinking part of the beer, and that they knew it was stolen. Taylor said then he thought there were two butts and a half drank, I said it was impossible it could be by six men in five weeks time; he said there was some wasted; after that he swore to a butt and a half.

John Alixander < no role > . I am constable; I carried Dobins before the justice; he was charged with going down into the cellar, and stealing of beer; he confess'd it, and said he could not deny but that he went down into the cellar.

Yates's defence. I was going down the street. Taylor call'd me and ask'd me if I would drink, he had got a full-pot of beer on a chest of drawers; so I went in and drank some, and we had three fullpots, but I knew not where it came from.

Rivers's defence. I went up to my quarters and received my money, Dobins was with me. We brought some bread and cheese with us, Taylor was drunk on the bed; he said he was glad we had got some bread and cheese, for he would help us to some beer, which he did.

Sawyer's defence. After Dobins was in the hospital he wanted me to go and lodge with him. I went with him, and drank part of a pot of beer. In two or three days after I went there, and drank part of a pot more with him.

Burch's defence. I went into Taylor's room and enquired for Dobins; then he ask'd me to lodge with him. I went with him, he had some beer in a cupboard; he said he had had a friend with him overnight, and it was dead in the pot.

Dobins's defence. I lodg'd with Taylor. Rivers and I went up to my quarters to receive my money. I found at my return Taylor drunk in bed; he said as you have got some bread and cheese, I'll take care you shall have some beer; he had beer by the bed-side, and we drank some of it.

All five Acquitted .