213. (L.) George Hall proceedingsdefend was indicted for stealing on cheese, value 2 s. 6 d. the property of Thomas Fosset proceedingsvictim , June 30 . ++

William Bateman < no role > . I am a servant to Mr. Flaxney, a Carman; I had thirty-three hundred weight of cheese in my cart, the property of Mr. Fosset; as I was going down to the Custom-house, I saw the prisoner at the bar jump up into my cart and take out a cheese.

Q. When was this ?

Bateman. This was about seven in the evening, on the thirtieth of June; I stopp'd the cart and ask'd him what he had done with the cheese; he said, he had no cheese; I saw him throw it down into the dust-hole, going down to the Custom-house; then the prisoner said, if he had known that I was to have paid for it he would not have taken it.

Q. Did you know him before?

Bateman. I did; he did drive a cart.

Walter Pickard < no role > . I am a Constable; Bateman gave me charge of the prisoner, on the thirtieth of June for stealing a cheese out of his cart. (A cheese produc'd in court.)

Bateman. This is the same cheese.

Q. What is the value of it?

Bateman. Here is ten pounds and a half of it, at three-pence a pound.

Prisoner's defence.

I was driving my master's cart, and this cheese lay in the gully-hole; I took it up, and chuck'd it into the cart; and as I was driving my cart along he would not give me time to drive it home.

Guilty .

[Transportation. See summary.]