583. (M.) James Warden proceedingsdefend was indicted for stealing two gallons of gin, value 3 s. and a wooden cask, value 4 d. the property of Thomas Shehan proceedingsvictim , July 25 . ++

Thomas Shehan < no role > . I am a victualler . On the 25th of July last, I was alarmed between two and three in the night; I came down stairs and found my door open; I found nothing amiss till about eight o'clock, then I missed a cag of gin; the day following a woman came to my house and told me a man offered her some gin to sell, and he was to call at three o'clock; I went about the time, and met the prisoner with a cag under his arm; I seized him and examined it, and found it to be gin; I asked him how he came by it; I cannot take upon me to say it was mine, there was no private mark upon it; he told me he found it in an empty house; I took him before the Justice, he was committed.

Q. How much did you lose?

Shekan. I might lose about two gallons; the prisoner had been a lodger in my house about three months before that; I never saw any thing ill of him in my life.

Q. What is the prisoner?

Shekan. He is a sailor .

Acquitted .