857. WILLIAM SHELBURNE proceedingsdefend was indicted for feloniously stealing, on the 15th day of July , four pounds weight of tobacco, value 3 s. the property of Ralph Clay proceedingsvictim .

RALPH CLAY < no role > sworn.

I was walking round by the warehouse, the 15th of July, I met the prisoner and Mr. Hooper, who is the King's locker, they was scuffling together, the man was trying to get away from him, I laid hold of him, and took this tobacco from him; I found the hogshead, that I could swear to the tobacco, being of a particular sort; the head of the hogshead was broke open.

THOMAS HOOPER < no role > sworn.

I followed this man, and laid hold of him; I saw the tobacco in his bosom, between his shirt and his skin: he is a labouring man that works in the warehouse, he wanted to get away, but I kept him, and we took the tobacco from him.

( Matthew Brigs < no role > called, but did not appear.)

Did you go into the warehouse? - I was in the other house, and the lad came to me.

Court. Are those warehouse that are under the King's locks left open? - They are open during the legal hours, from six to six.

Did there appear any vacancy? - Yes, a great deal more was gone, another man escaped, that was loaded at the same time.

PRISONER's DEFENCE.

I was coming out to get some refreshment, and I came into the street, and saw this tobacco lay, and put it into my bosom, and I was stopped: I was going to bring it back when I had got some refreshement. I belong to the Coldstream regiment of guards, and they are always upon duty.

Court. What company do you belong to? - General Trylawney < no role > 's.

MATTHEW BRIGGS < no role > sworn.

I saw the prisoner go out of the ware house, with a great quantity of tobacco between his shirt and his skin, I was in the warehouse, he passed by me, and I went and told Mr. Hooper.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron EYRE < no role > .