393. WILLIAM PRICE proceedingsdefend was indicted for feloniously stealing on the 7th of January last, four hundred iron hoops, weight 1300 lb. value 10 l. the property of Jukes Coulson proceedingsvictim , William Harriman proceedingsvictim , and Benjamin Bates proceedingsvictim .

WILLIAM HARRIMAN < no role > sworn.

I am one of the partners in the house of Coulson and Bates; on the 7th of January, we sent a parcel of iron hoops, they were landed into our open barge, the wharf is three yards from the house belonging to the partnership, there were five ton landed that day; the next day a person came and gave us some hints; we knew there was a deficiency by weighing the hoops, we weighed them about two or three days afterwards; they were a particular kind of hoops, we never saw them after; I cannot swear there was any mark on them.

WILLIAM LIGHT < no role > sworn.

I am clerk to the prosecutors, I saw these hoops landed, they were called but hoops; they weighed 5 tons 11 cwt. and 19 lb; the prisoner told me the weight, he and another man weighed them, and they were placed in the warehouse; on the information of an embezzlement, they were re-weighed; on the 13th of January at noon, the prisoner went from his business, but till then he came to work as usual.

Mr. Garrow, Prisoner's Council. Did you see them re-weighed? - No.

As to their first weight, you only knew from the information of the prisoner? - No.

He might have set it down at a less weight than it actually bore? - Yes.

He might likewise have made a mistake? - It is possible.

Is the other man here that weighed them? - No.

The prisoner might also have made a mistake in weighing out? - Yes.

He might have sent more than the order intended he should send? - Yes.

Court. Did the prisoner demand his wages before he went away? - No, I only owed him from Saturday the 8th to the 13th.

JOSEPH FOSTER < no role > sworn.

On Friday the 7th of January last, I was at Mr. Parke's warehouse, and I saw the prisoner and another man move some hoops from Mr. Parke's warehouse, I knew the prisoner before; a little while after I saw William Dale < no role > , a waterman, come up with a boat, take them into his boat, and go away with them; they were new strait pieces of iron, not made into hoops, they were but hoops; he desired me to take them, I told him I could not, and a little while after I saw Mr. Parke and another man, move the hoops from Mr. Coulson's warehouse to the opposite side of the way, after that I saw William Dale < no role > , a waterman, come and take him into his boat, there might be seventeen, eighteen, or twenty, as high as I could guess, I cannot tell; I saw him go down the river.

Mr. Garrow. So this passed at noon day? - Yes.

He spoke to you in the warehouse? - Yes.

What carried you there? - I very often do jobs for Mr. Coulson; I have frequently seen the prisoner ship his goods.

THOMAS BUTTON < no role > sworn.

I am servant to Mr. Coulson, at one we came out of the yard, on the 7th of January, which was Friday, and there were forty-five bundles of hoops weighed to an order, which were putting into a cart, to go to Norton Falgate, to a cooper's; and I helped him to load the forty five bundles in the cart: then after we had loaded the cart, there were a few bundles of hoops, I do not know how many, were pitched close down to the waterside; I asked this prisoner whether those hoops belonged to the same order or not, to go in the same cart; and he said, no, they were landed out of a West country boat, and were hoops that did not belong to us; this parcel that were thrown down by the waterside, were what they call but hoops, they were the same kind as the forty-five bundles; afterwards the prisoner and another man moved them from that side of the way to another; he told me, says he, these hoops do not belong to us, and I will move them out of the way, or else by and by my master will come and say they are his property; I saw him remove part of them, the man's name that was with him was Dick Thomas < no role > , he is a man that goes jobbing about any where; I saw Dale, the waterman, take them down, and put them into his boat.

Mr. Garrow. Whose wharf do you call this? - Part of it belongs to Mr. Coulson, and the other part is upon free stairs.

This moving of the things, was not only done very publickly, but he explained to you the reason? - Yes.

He always ships hoops? - I have known him to be there seven or eight years.

You do not think they were laying hid? - No, they stood open.

Those which had been landed from your manufactory, had been stowed in the warehouse? - Yes, I cannot pretend to swear they were my master's property.

WILLIAM DALE < no role > sworn.

I am a waterman, Mr. Parke came to the Old Swan to me, and hired me as a waterman, to carry them down to Lime-house; he said, he had got two shillings to Limehouse, he told me there were twenty bundles of hoops on Alhallows stairs, and to take and put them into my boat, he told me to carry them to Limehouse, to Mr, Lacorn, a master cooper, in Narrow-street; I carried them and was paid, Parke told me I was to be paid there, the servant paid me for them; I saw the mistress, who sent out the maid with two shillings.

Mr. Garrow. You are a waterman? - Yes.

Have you worked often at Mr. Coulson's yard? - Yes, for Mr. Parke.

Alhallows stairs is what you call a free stairs? - Yes.

What time of the day was this? - I think it was between twelve and two.

Did the man tell you to take care that nobody should see you? - No.

All done publickly in the face of day? - Yes.

You carry two at a time? - I carried one down the stairs at a time.

Court to Prosecutor. I am to understand you, that your own stairs are private stairs? - Yes.

Court to Harriman. Did you give any orders to take any hoops to Lacorn? - I did not, we had not sold any to him.

Court to Knight. You are clerk to Mr. Harriman, perhaps you may sometimes give orders? - I gave no such orders on the 7th of January.

Have you any dealings with him? - He has bought a few bundles, two or three, but it is many months since; he had no account at the house, for two or three years; it might be three or four months ago.

Mr. Garrow. Is there no other person who receives orders? - Mr. Coulson, and Mr. Bates, neither of whom are here.

Mr. Garrow. I submit there is no ground to set the prisoner on his defence; for I take the liberty to say, that there is no charge against this man; the witness said, it was the account made out by the prisoner; and as against the prisoner, that is certainly very good evidence; but on the cross examination, that witness could not swear that account was made out by the prisoner.

Court. There is clearly ground enough to go to the Jury.

Mr. Garrow. I shall not trouble the Court with witnesses in such a case as this.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Rose.