160. (M.) William Butler proceedingsdefend was indicted for stealing a silver table spoon, value 10 s. the property of Nicholas Merry proceedingsvictim , Feb. 17 . +

Nicholas Merry < no role > . The prisoner came to my house last Saturday night; he had six-penny worth of brandy and water. I was not in the house when he called for it, but was when he went out; after which a silver spoon was missing: he was seen to have it in his hand. I had him taken up on the Monday morning, and he produced it to the constable in my presence before he was taken before Justice Welch (produced and deposed to); he was not sober.

Job Rogers. I was in the prosecutor's house at the time the prisoner was; I saw him with a bason in one hand and the spoon in the other asking people to drink. I believe him to be in liquor at the time.

Prosecutor. A shoe-black, that was at my door, told me he carried the spoon out publickly in his hand. He denied it at first, but after that he owned it.

Prisoner's Defence.

I was in liquor and was quite ignorant of the thing.

Guilty 10 d. T .