174. (L.) John Lee proceedingsdefend was indicted for stealing 28 lb. weight of butter, value 20 s. and one wooden cask, value 3 d. the property of Samuel Bostock proceedingsvictim , January 10 . ++

John Benson < no role > . I put my boat in at New Temple-stairs, which is between Billingsgate and Bear-key. The prisoner wanted me to carry him over the water. He brought in a firkin of butter. I asked him where he would land? He said, Any where over the water. This was in the evening, about five o'clock, about five weeks ago. As I was rowing him over the water, John Taylor < no role > called to me, and ordered me not to row any farther: I ceased rowing: He ordered me to bring the prisoner back; saying to the prisoner, he had got a firkin of butter: The prisoner d - d him, and said, he had got no butter of his. I brought him and the butter back.

John Taylor < no role > . I was landing some butter, the property of Mr. Samuel Bostock < no role > , at New Temple-stairs . The day before last sessions began, there were sixty-three casks, and a cake of bees-wax; I had landed them all, and carried them all up into the cart but nine. After I came back from carrying the bees-wax, I saw but eight casks of butter.

Q. How far distance was the cart to where the butter was landed.

Taylor. It might be about 200 yards. When I came to the wharf, I saw a cask of butter lying in this waterman's boat, and the prisoner sitting by it: I called to the waterman, and said, that butter belongs to me, and ordered him to bring it back, which he did. The prisoner said, it is not yours, Jack.

Q. Did you know the prisoner before?

Taylor. He had worked with me several times, but he had not worked for me that day. I got in a boat and met him, and saw S. B. marked on the firkin when we came on shore. While I was taking care of the prisoner, the firkin was thrown to the other eight; then I found nine again; so I can't swear which firkin it was; but I am sure it was one of them.

Samuel Bostock < no role > . Taylor was employed by the waterman that brings my butter up when I land it. It was my butter. I know nothing of the robbery. It was consigned to me from Carmarthen, and delivered according to the invoice; all marked S. B.

Prisoner's Defence.

I was going home on the other side the water. I don't know any thing about the butter, no more than the man in the moon.

Guilty . T .