102, 103. (M.) Richard Ford proceedingsdefend was indicted for stealing twelve hundred weight of sugar, value 20 l. the property of Robert Smith proceedingsvictim ; and Connell Neal proceedingsdefend for receiving the same, well knowing it to have been stolen , December 24 . ++

Robert Smith < no role > . I am master of a vessel call'd the Earl of Loudon , Ford is my mate : Neal had arrested Ford for ten pounds, or thereabouts, and took him out of the ship; I went to see him in the spunging-house; Neal being a lumper , I suspected it was for something taken out of the ship, upon which I went to Mr Fielding; then I took an officer and went and tender'd the money down for Ford, and took him out of the ship, and before Mr Fielding; going in the coach, he voluntarily confessed that he had been concerned with Neal at different times, in sending six bags of sugar on shore from on board; in all, about twelve hundred weight: and that he had received of Neal for it one thirty-six shilling piece, two guineas, and a half guinea. This confession he likewise made before the Justice; and also, that he had no orders from me to allow any sweepings; this they would have termed to be sweeping, but this was before the cargoe was delivered, before we came to the ground tier.

Q. What do you mean by sweepings?

Smith. After the cargoe is deliver'd, that which is left, trod under foot, we call sweepings. I took up Neal, and he confessed receiving it, and that he sold it to a Dutchman, whose name he refused to mention. This was all before Justice Fielding, in my hearing. Ford had been with me twelve months, and behav'd very honest, and I believe it is through Neal that he was drawn in.

John Spensley < no role > . I am constable; I took the mate in custody, he confessed he had taken six bags of sugar from on board Captain Smith's vessel, both as we went to the Justice's, and also before the Justice; and that there might be about twelve hundred weight of it. I asked him if the Captain had given him liberty so to do? he said no, he had not: after Neal was taken up, he acknowledged he gave the mate a thirty-six shilling piece, two guineas, and a half guinea for it; one acknowledged the paying the the money, and the other receiving of it.

John Cockeril < no role > . I am apprentice to Captain Smith; Neal us'd to come on board early in the morning, and would get the hatches open; the mate had the care of them. I have seen sacks tied up, which they have taken away full of something, I cannot tell what. They put log-wood dust in just at the top. Neal told me to say nothing of what I saw, and he would give me a coat.

Ford's defence.

I sent some log-wood and sweepings on shore by Neal; the Captain bid me do what I pleased with it, and I got two guineas of Neal for it.

Q. to Cockeril. When you saw these sacks taken away, was the ship delivered of her cargoe?

Cockeril. No, we was not got to the second tier.

Neal's defence.

I never promis'd him a coat, nor no such thing. It is customary in the river Thames, for the mate to have the sweepings of the sugar; this man had money bid for them, I said I would give him as much as any body; accordingly, he let me have the preference.

Ford. I desire my Captain may be examined to my character.

Smith. He always behaved well 'till this; I had always a good opinion of him; I have trusted him with money, and found him always just 'till now.

For Neal.

William Price < no role > . I have known Neal twelve years.

Q. What is his general character?

Price. I cannot say I have ever heard he committed any felony in my life.

- Golding. I have known Neal about two years.

Q. What is his character?

Golding. I never heard any thing ill of him 'till this.

Q. How does he get his livelihood?

Golding. He was a chair-man at the other end of the town, I knew him there, and I knew him since he came down to the waterside.

- Jacobs. I have known Neal twelve years.

Q. What has been his behaviour?

Jacobs. A hard-working man always; he work'd at any thing that came in his way; he always bore an honest character before this.

A witness. I have known Neal sixteen years.

Q. What is his character?

Answer. He is an honest man, he ow'd me money, and paid me honestly; he works at chair-carrying and coal-heaving.

A witness. I have known him seventeen years.

Q. What is his general character?

Answer. He is very honest and just, he pays every body twenty shillings to the pound; he has carried lords and ladies, and when he could not get work he went to coal-heaving; I once belonged to a ship; I have known sweepings to be given to the mate; it a customary thing in the river Thames.

Q. What do you call sweepings?

Answer. That which is trod under foot, and not fit to be put into the cask again, for fear it should spoil the rest; if the officers thought it would pay duty they would never leave it there, but carry it to the Custom-House.

Q. Suppose there is a great quantity of sugar on board, and before the sugars are delivered, and some falls to the ground without being trod upon, would you call that sweepings?

Answer. No! no! I don't call that sweepings: that is to be put into the cask again.

Neal. I have a great many witnesses in court for me, but I am afraid they are gone home.

Ford guilty 39 s .

Neal Guilty .

[Transportation. See summary.]