240. AARON BAKER proceedingsdefend was indicted for feloniously stealing, on the 25th of October , ninety pounds weight of raw sugar, value 30s. the property of Robert Milligan proceedingsvictim and David Mitchell proceedingsvictim , in the ship called the Bushey Park, upon the navigable River Thames .

Second Count. Laying it to be the property of Roderick Morrison proceedingsvictim .

Third Count. Laying it to be the property of certain persons unknown.(The indictment stated by Mr. Jackson, and the case by Mr. Fielding.)

JOHN BRAMHAM < no role > sworn. - Examined by Mr. Knowlys. I am a waterman; I know the prisoner perfectly well; he is a waterman belonging to the Custom-house.

Q. Did you know the Bushey Park? - A. Yes; she laid off Wapping New-stairs , on the 25th or 26th of October, on the Middlesex side of the water; she was discharging sugar at that time; in the morning, about nine o'clock, I was standing upon the causeway at Wapping New-stairs, and I saw him bring ten lumpers on board his wherry, each of them loaded with sugar, from the Bushy Park.

Q. Is it permitted the Custom-house watermen to carry lumpers? - A. It is not, under pain of dismission, and he was upon the sick list besides; in the evening of the same day, I saw him again in his wherry, bringing them on shore again, and Millmett, a Custom-house officer, rowed after them in his boat; when he had landed the lumpers, Millmett took a lump of sugar out of his boat; three lumpers jumped out of his boat, but I did not see them have any thing; then I saw Aaron Baker hand some sugar out of the boat to one Archy Cockburn, who is gone off; he handed them from under the benches of his boat; Cockburn was a lumper.

Q.How near was Baker's boat to the Bushey Park? - A. So close, that they stepped out of the Bushy Park into the lighter, and out of the lighter into his boat.

Cross-examined by Mr. Knapp. Q. Have you been here very often? - A. Yes.

Q. You belong to the Custom-house? - A. Yes.

Q. And you were discharged? - A. Yes.

Q. They never discharge people for any good deeds, I believe? - A. I was discharged about some bad words with another officer.

Q. What bad words? - A. I detected an officer of the Customs robbing the Custom-house, and I took the goods away from him.

Q. And you mean the Jury to believe, that the Custom-house fools, as they are called, dismissed you for detecting a brother officer in robbing them? - A. It was for bad words.

Q. You were on board a tender, were not you? - A. Yes.

Q. You were not discharged from there? - A. I was, upon two persons being found to supply my place.

Court. I cannot take this as any imputation to the man's character; he was pressed.

Q. Did not you run away from the tender? - A. I ran away from the Leander.

Q. This affair happened the 25th or 26th of October? - A. Yes.

Q. When did you give the first information respecting it? - A. I gave it in November.

Q. How long after? - A. I dare say it was some weeks.

DAVID SANDEMAN < no role > sworn. - Examined by Mr.Jackson. I am clerk to Robert Milligan and David Mitchell; the Captain's name is Roderick Morrison; her cargo consisted of sugar, coffee, and cotton; there were about nine hogsheads entirely empty of that part of the goods that were consigned to Milligan and Mitchell, when they came to the quays.

For the Prisoner.

JOHN MILLMETT < no role > sworn. - Examined by Mr. Knapp. I am a Custom-house officer.

Q. Do you remember towing Baker's boat? - A. I remember rowing along-side Baker's boat the latter end of-October last.

Q. Did you see Bramham take sugar out of any boat? - A. No.

Q. Did you see any sugar taken out? - A. Yes, I took it out; there were four lumpers in the boat, and one of them had a load of sugar round his body under his cloaths.

Q. Did you leave any in the boat, or about the lumpers? - A. No.

Q. Was there any taken from any body on shore? - A. None that I know of.

Q. If any body has sworn that there were bags of sugar left in the boat, is it true or false? - A. It is false.

Q. Then you mean to swear that no bags of sugar were left in the boat? - A. Not at the time that I rummaged her.

Q. Did you see Bramham rowing along-side? - A. No.

THOMAS MORGAN < no role > sworn. - I am an Excise officer; I was stationed on board the Bushey Park, at the time she was unlading; I was on board all day and all night.

Q. In the course of the day did you walk the decks? - A.Either on the decks or below.

Q. How many officers were there on board? - A. Five.

Q. Was the captain on board at that time? - A. The captain was very seldom on board.

Q. But there were always five officers on board? A. Yes, and the owner.

Q. Was the owner on board all the time of unlading? - A. Yes.

Q. Was he on board any time, from the 20th to the 30th of the month? - A. Every day generally; he came, generally, about nine o'clock, and staid the whole day long.

Q. Do you think it possible for any body to have taken any thing out of the ship, without the officers observing it, and being stopped? - A. I should think not.

Cross-examined by Mr. Fielding. Q. There were five officers on board the ship? - A. Yes; two Excise, and three Custom-house officers.

Q. And are you all upon deck, or where? - A. Sometimes upon deck, and sometimes in one place, and sometimes in another.

Q. I suppose, at the time of the lumpers going away, you are sometimes upon the deck, and sometimes below? - A. When they are going, we wish to be upon deck.

Court. Q. Do you know how many hogsheads of sugar there were on board this vessel? - A. I cannot form an idea.

Q. You kept plenty of watch over all the property on board? - A. As far as I know I did.

Q. Were any of the hogsheads emptied of the sugar? - A.There was a great deal washed away by the badness of the weather.

Q. And none taken out, but what was washed away by the badness of the weather? - A. No.

Q. That you swear? - A. Yes.

Court. (To Sandeman). Q. Did you see her come into port? - A. I did not.

Q. Did you observe the contents before you saw the nine empty hogsheads taken out? - A. I did not.

Mr. Fielding. Q. Do you know what became of the mate of that ship? - A. I do not know any thing of him.

Q. Upon your oath, do not you know that he ran away? - A. I do not know whether he ran away or walked away.

Q. Do you know from information, or your own knowledge, or any way, that he ran away from the ship? - A. I never heard any thing at all about him since he quitted the ship.

Q. Have you ever heard from the owners, that the deficiency was very considerable? - A. No; I heard nothing more than it was washed away, and a great deal of it restored.

JOSEPH WRIGHT < no role > sworn. - Examined by Mr. Knapp. I am a Custom-house officer: I was stationed on board the Bushey Park in October.

Q. Were you there at the time she was cleared out? - A. No, I was taken off to go to an Indiaman; I saw part of the delivery of her cargo; I am not sure whether it was the 25th or 26th that I was taken off, I was there twenty-one days; I took the account of the cargo, and delivered the cargo.

Q. Was Morgan there? - A. Yes.

Q. Was Loughton there? - A. I do not think he was.

Q. Was the owner of the ship there? - A. Yes, he was there during the chief part of the delivery of the cargo.

Court. Q. What is the name of the owner? - A. Captain Lowry. He is part-owner of the Bushey Park, and gave his attendance on board the chief part of the time.

Mr. Knapp. Q. We have heard the last witness talk about washing? - A. When I went in, out of the whole delivery, there were more than fourteen or fifteen hogsheads, the chief part of them washed out, through bad stowage; it frequently happens so.

Q. If lumpers or other persons came on board for the purpose of taking away this sugar, you, giving your attendance on board twenty-one days, should not you, and the other officers, have seen it? - A. I should think so.

Q. Upon your oath, did any thing, with your knowledge, go out of the ship? - A. No, it did not, to my knowledge, more than what was put into the craft.

Cross-examined by Mr. Knowlys. Q. You say, it is impossible for any person to take a bag of sugar out of the ship without your observing it? - A. No, it is not impossible; but they might take it while I am writing, and taking an account.

Q. Upon your oath, do not you know that there was great plunderage on board the Bushey Park? - A. There was not, to my knowledge.

Q. Have you never heard that there was great plunderage on board that ship? - A. Never.

Q. From that time to this, have you not heard that it was plundered? - A. Not till the last trials.

Q. Do you mean to say you were not present before the Magistrate, when people have been there about it? - A. No; I have been down at Purfleet.

Mr. Knapp. Q. Is it not the duty of the Custom-house officers,upon any person going out of the ship, to examine them? - A. Yes; and we always pay that attention.

Q. And did you, during that attention, find any sugar? - A. It is the duty of the officers on board.

Court. Q. Do you know Aaron Baker < no role > ? - A. Yes; I know him as an officer on the water.

Q. Did you see the boat near the Bushey Park? - A. No, I never did.

Q. Did you see any lumpers in his boat? - A. I never saw his boat, to my knowledge.

Court. Q.(To Millmott). You said you were alongside Baker's boat, where was Baker's boat at that time? - A. Near the starboard quarter of the Bushey Park, sometime after six in the evening.

Q. Did you observe from what ship she came? - A. They came over a lighter that laid between the boat and the Bushey Park. My attendance was chiefly in taking the cargo.

Court. Q. Where was your situation principally? - A. On the deck. The cargo was delivered in a very short time; about nineteen or twenty days.

Prisoner. I wish to say a few words in my defence. I am innocent of the charge, and I cannot be answerable for what people have secreted round their bodies; these lumpers have large frocks and trowsers on; they had nothing about them but what was secreted about their bodies; they had nothing that I could see, or any body else; it is my duty, as a waterman, to carry them backwards and forwards.

JOHN LOUGHTON < no role > sworn. - Examined by Mr. Alley. I am an Excise officer.

Q. Do you remember the Bushey Park unloading? - Q. Yes; I was on board her for the purpose of watching the property. The owner was there every day almost; there were five officers on board.

Q. Was it possible, do you think, for any person to take any sugar out of that ship, without either them or the captain observing it? - A. I should think not.

Q. Is it usual, when persons are leaving the ship, to search them? - A. Yes; if they appear any way bulky, we always examine them.

Q. Does it not frequently happen, that from bad weather, there is what you call washing, and a considerable deficiency? - A. Yes, very common; and that was the case with that ship.

The prisoner called six other witnesses, who had known him from five to twenty years, and gave him an excellent character.

NOT GUILTY .

Tried by the second Middlesex Jury, before Lord KENYON.