426. EDWARD RUTLEDGE proceedingsdefend was indicted for feloniously stealing, on the 23d of May , 4lb. weight of coffee, value 3s. the property of William Mashiter proceedingsvictim , Edward I'Auson proceedingsvictim , George Byng proceedingsvictim , and Thomas Platt proceedingsvictim .

Second Count. Laying it to be the property of persons unknown.

JAMES WILSON < no role > sworn.

I am a locker upon the Excise, to prevent any coffee going out of the warehouse without being regularly cleared.

Q. What warehouse? - A. Mr. Mashiter's, Tower-hill.

Q. Who are the partners with Mr. Mashiter? - A. I cannot say I know their names: On the 23d of May we were very busy taking in some coffee, and I went down to the far end of the warehouse to see what the men were about, and when I came towards the door again I saw the prisoner putting some coffee in his pocket; he was at work in the warehouse as a labourer ; I immediately called to him, and he stopped; and I went up to him, and called for assistance, and Mr. Draper came up to me and found the coffee in his pocket; there were 4lb. and an half when we weighed it; I saw it taken out of his pocket.

- DRAPER sworn.

I was in the warehouse at the time that Mr. Wilson called to me, and I went to him and took this coffee out of the prisoner's pocket, (produces it;) there is 4lb. and an half of it.

THOMAS MARSHALL < no role > sworn.

I am clerk to the prosecutors; the partners are William Mashiter < no role > , Edward < no role > I'Anson, George Byng < no role > , and Thomas Platt < no role > ; they are the owners of the warehouse .

Q. Whose coffee was this? - A. I don't know; it was in their care, and under their charge.

Prisoner's defence. It was coffee that I bought, as I was coming from breakfast; I put my left hand into the cask of coffee, and my right hand to my pocket, to see if it was the same kind of coffee, and the gentleman stopped me.

For the prisoner.

WILLIAM BONE < no role > sworn.

I am a serjeant; I have known the prisoner a year and an half; he is a very good soldier, and never had any thing laid to his charge before.

GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice LAWRENCE.

[Imprisonment. See summary.]

[Fine. See summary.]