119. (L.) Joseph Smith proceedingsdefend was indicted for stealing one hempen sack, value 6 d. and 200 pounds weight of sugar, value 7 l. the property of Richard Quelch proceedingsvictim , Feb. 12 . +

Richard Quelch < no role > . On the 12th of this instant I employed one Thomas East < no role > to carry a sack of sugar to the Peacock in Clare Market; it was pack'd up in order to go down into the country, 200 wt. the sack was borrowed, but the sugar was mine. I delivered it on East's back, and the prisoner was along with him, who was detected in selling of it. East is not yet taken.

Thomas Jenkinson < no role > . The prisoner and another man brought a sack with about 200 weight of sugar into my house; and had a pint of twopenny; they offered to sell the sugar in the house, and gave me a little bit to look at. I said, what do you ask for it? Said the prisoner, take this lump at any price, take it at half a crown, which made me suspect it was stolen. I said, tell me where you had it, you shall not carry it out of the house. He said he had it in Thames Street. Said I, did the master or servant deliver it to you? He said it was the master, and that they were to carry it to some inn. I said, then how came it here? I will send for a constable. Then the other man ran away. The constable came, and I gave him charge of the prisoner. We inquired at one place and another in the neighbourhood, and at last found the owner, who came and own'd it. Then we sent the prisoner to the Compter, and the next day he was taken before a magistrate, and committed. The constable deliver'd the sugar to the prosecutor.

Prosecutor. It was delivered to me all but one loaf of about ten pounds, which was missing. I verily believe it was the same which I delivered to East to carry for me; the sack was the same, and it was brought back to me in two sacks; they had put part of it in a coal sack.

Joseph Noon < no role > . I am a constable, and the prisoner was delivered into my charge. I never saw the other man. The prisoner said if I did not prosecute East, he would prosecute me for detaining him the sugar was in two sacks.

Prisoner's Defence.

The other man carried the sugar into the alehouse, and told the landlady to let it abide there till he came. She said she would leave it with nobody else but me. He said he had got a wife and two children in the country; that he belong'd to the Lancaster man of war, and dared not go into the country. Said he, I keep a woman company, and she has newly lain-in; I fancy I must not send my wife all this sugar, but sell some of it to keep the woman that lies-in. This was East, the man that the gentleman hired for a porter. I was very much in liquor, and can't say but I did offer it to sale.

For the Prisoner.

Thomas Milbourn < no role > . I sell coals; the prisoner has carried out coals for me. I know nothing to the contrary but that he is an honest man.

Ann Lawrance < no role > . He lodges in the house where I live, and has done for two years. He kept good hours and behaved as an honest man. I never heard any ill of him.

John Gold < no role > . I have known him three years, he is honest as far as ever I saw by him; he works at the same business as I do.

William White < no role > . The prisoner has work'd many a hard day's work with me. I have known him three or four years, he bears a very good character. As for the coal sack, a partner of mine lent the prisoner that.

Acquitted .