294. CHARLES POCOCK proceedingsdefend was indicted for feloniously stealing, on the 27th of January , a hempen bag, value 1s. and one hundred and twelve pounds weight of coffee, value 6l. the property of Anthony Calvert proceedingsvictim This name instance is in a workspace. and Thomas King proceedingsvictim , in a certain lighter called the Timothy , upon the navigable river Thames .

Second Count. Laying it to be the property of Richard Coley proceedingsvictim .

Third Count. Laying it to be the property of certain persons to the Jurors unknown.

And three other Counts, for a similar offence in a certain lighter upon the navigable river Thames, without charging it to be the Timothy.(The case was opened by Mr. Knapp.)

RICHARD COLEY < no role > sworn. - Examined by Mr. Knapp. I am commander of the ship Minerva , from Demerara, in the West Indies, laden with coffee, sugar, and cotton; it arrived in the river in the month of January, at Ratcliff-cross; the owner s names are Anthony Calvert and Thomas King.

JOHN SWENEY < no role > sworn. - Examined by Mr. Knapp. I am an officer belonging to the Custom-house, (produces a book); the entries are not mine; Mr. Powell is here.

JOHN POWELL < no role > sworn. - Examined by Mr. Knapp. I am a tide-waiter belonging to the Customs; the entry is "coffee, 126;" there were 126 bags imperfect.

Q. What do you mean by imperfect? - A. Marked upon the bags that they were not good; I saw them delivered from the Minerva into the lighter.

Cross-examined by Mr. Gurney. Q. Do you know it was the Timothy lighter? - A. No.

Q. Are you quite sure there were 126? - A. I saw them overhauled afterwards, and there were then 126.

Q. Will you swear there were more than 125? - A. No, I will not.

Mr. Knapp. Q. What is your entry? - A. One hundred and twenty-six.

Mr. Gurney. Q. When did you overhaul them, and find 126? - A. About three o'clock in the afternoon.

Q. That was after the bag was supposed to be stolen? - A. Yes.

- TILSTON sworn. - Examined by Mr. Knapp. I am a land-waiter; I saw 125 bags of coffee loaded out of the Timothy lighter, upon Brewer's-quay.

Cross-examined by Mr. Gurney. Q. Are you quite sure there were not 126? - A. Yes.

Court. Q. Who had the command of the Timothy? - A. I don't know.

Mr. Gurney. Q. How long was the lighter at Brewer's-quay, before it was unloaded? - A. Several days.

SAMUEL CROSTON < no role > sworn. - Examined by Mr. Knapp. On the 27th of January the Timothy was lying along-side the Minerva; there was an alarm that the lighter was being robbed; I looked over the ship, and saw a bag of coffee in a wherry, alongside the Timothy; the man rowed away with it; I then found two empty bags lying in the Timothy, and a bag cut.

PETER DEWTE < no role > being a foreigner, an interpreter was sworn. - Examined by Mr. Knapp. I was on board the Minerva; I saw the lighter along-side; I saw the prisoner take the bag from the lighter; the bag was full; he had small ropes ends; he went down into the lighter, and then slung the bag; there was a wherry, and the waterman ran up to lend him a hand with it into the wherry; the waterman put a blue coat over it, and went away with it in the wherry; the prisoner staid in the lighter, and he was secured.

Cross-examined by Mr. Gurney. Q. Were not the bags in the lighter afterwards counted? - A. They overhauled all the bags.

Q. Did they not find them all right? - A. I do not know.

ERICK LUCKMAN < no role > being a foreigner, an interpreter was sworn. - Examined by Mr. Knapp. I was with the last witness on board a Swedish ship; I saw the prisoner in a lighter along-side the Minerva; he jumped with a rope in his hand, and slung a bag, and one of the watermen that was in the wherry jumped up and lent him a hand with it into the wherry; the bag was chuck full; and then they rowed away with it, and put a blue coat over it in the wherry, and the prisoner was then secured.

JOHN CHAMBERLAYNE < no role > sworn. - Examined by Mr. Knapp. I had the management of the Timothy lighter; the prisoner was in my employ at that time.

Mr. Gurney. Q. How long have you known the prisoner? - A. Eight years.

Q. Did you ever know a young man who had a better character? - A. No; I was a fellow-servant with him two years; he always bore a good character.

JOHN RILEY < no role > sworn. - Examined by Mr. Knapp. I am an officer belonging to Shadwell: On the27th of January I apprehended the prisoner; I received these bags from Coston. (Produces them).

Coston. I found these bags in the lighter alongside a bag that had been cut open; I delivered them to Riley; these are the same bags.

Mr. Gurney. Q. Were you on board at the time? - A. Yes.

Q. Did you assist in overhauling the bags of coffee? - A. Yes.

Q. And you found them all right? - A. No; there were but 125.

Q. Did you count them yourself? - A. Yes.

(To Powell.) Q. You assisted in counting them? - A. Yes.

Q. Did you not find the account right? - A. The account was right; I counted 126.

Mr. Knapp. (To Coley.) Q. What is the value of it? - A. I understand six pounds a hundred; a bag should weigh a hundred and a half.

Prisoner's defence. I am innocent.

NOT GUILTY .

First Middlesex Jury, before Lord Kenyon.