224. EDWARD HUTCHINSON proceedingsdefend was indicted for feloniously stealing, on the 15th of March , a sack, value 2 s. and four bushels of wheat, value 25 s. the property of Thomas Osborne proceedingsvictim , the elder , Thomas Osborne proceedingsvictim , the younger , and George Osborne proceedingsvictim .

Second Count. Charging it to be the property of Thomas Edmunds proceedingsvictim .

(The case was opened by Mr. Knapp.)

THOMAS OSBORNE < no role > (the younger) sworn. - Q. What are the names of your partners? - A. Thomas Osborne < no role > , the elder, and George Osborne < no role > ; we are wharfinger s on the Grand Junction Canal, near Uxbridge ; we had fifty quarters of wheat, which were all delivered excepting twelve: On the 14th of March, there were twenty-four sacks put in the waggon, they were there on the night of the 14th; on the 15th, I missed one from the waggon, it had been landed from the barge into the waggon; in consequence of that, suspicion fell upon two boats which had access to my wharf; I then went to Marlborough-street, and got a warrant, I apprehended the prisoner at Paddington, at the head of the Canal; I charged him, upon the evidence of the boy in the boat, that saw him take it; I did not hear the prisoner say any thing.

Cross-examined by Mr. Alley. Q. You knew nothing of the prisoner before? - A. I might have seen him once or twice; he worked a barge belonging to Mr. Pickford.

WILLIAM RADLEY < no role > sworn. - Examined by Mr. Knapp. Q. How old are you? - A. Fourteen.

Q. What business do you follow? - A. No business.

Q. Do you know the prisoner? - A. Yes; I saw the prisoner take a sack of wheat on board the boat, off Mr. Osborne's wharf.

Q. Where did he get it from? - A. I don't know; the waggon was on the wharf; I don't know whether he took it from the waggon or not; the waggon was loaded with wheat upon the wharf.

Court. Q. How do you know it was not barley? - A. I don't know; he put the sack out at Ganford-green, near Harrow.

Q. What time was it? - A. Between three and four o'clock in the morning; he went on with the boat, and left the sack there.

Cross-examined by Mr. Alley. Q. You saw the prisoner take a sack from off the wharf? - A. Yes.

Q. You cannot tell what was in it? - A. No.

Q. Nor could you tell whose sack it was? - A. No.

Q. What time was it when he took it? - A. About half past ten at night.

Q. Were you ever taken into custody yourself? - A. No.

Court. Q. What time did he put it out at Ganford-green? - A. Between three and four o'clock in the morning.

Mr. Alley. Q. You knew it did not belong to the prisoner? - A. Yes.

Q. I suppose you told your master the next morning? - A. Yes.

Q. Before your master had said any thing to you about it? - A. Yes.

Q. Have you never been in prison since the property was supposed to be taken? - A. Yes, ever since.

Q. You were accused with taking this, and then you charged the prisoner? - A. Yes.

Q. Where were you taken? - A. At Paddington, the day after.

Q. Before you were taken into custody, had you any conversation with your master? - A. No.

Court. Q. When did you tell your master? - A. Not at all.

Mr. Alley. Q. You never told any body of it till you were taken a prisoner? - A. No.

Q. And then you said the man at the bar did it? - A. Yes.

Q. There were three other men in the boat, were there not? - A. Yes.

Q. They must have seen him take it as well as you? - A. No, they were along with the horses.

Q. You don't mean to say they were all with the horses? - A. No, there were two with the horses.

Q. If a man came out of the barge the boat could not be going on? - A. No.

Q. Then the horses must have been standing still? - A. Yes.

Q. Then the man must have known that the barge was stopped? - A. Yes.

Q. And there was a man at the helm? - A, Yes.

For the Prisoner.

BENJAMIN NEAL < no role > sworn. - Examined by Mr. Alley. Q. What are you? - A. A boat-man.

Q. A master boat-man? - A. Yes, employed by Mr. Pickford.

Q. Do you know the prisoner at the bar? - A. Yes; he was a boat-man employed under me.

Q. Do you recollect coming down the canal? - Yes.

Q. Look at that little boy, do you recollect his being on board the barge with you? - A. Yes.

Q. Did you accompany the barge the whole way to town? - A. Yes.

Q. Did you ever see the prisoner bring any sack on board? - A. No.

Q. Did you ever see him take any out at Ganford-green? - A. No.

Q. If he had had such a thing, must you or not have observed it? - A. I must have seen it.

Cross-examined by Mr. Knapp. Q. You are one of Pickford's man? - A. Yes.

Q. And so is the prisoner? - A. Yes, I employ the prisoner.

Q. Did you see the waggon loaded with wheat? - A. No.

Q. Did you go on shore? - A. No, only to fetch the horses out at Uxbridge.

Q. How long were you gone for the horses? - A. About half an hour.

Q. It was quite time enough to have brought a sack on board if they had been so disposed? - A. Yes.

Q. Did you sleep on board? - A. Yes.

Q. This was about four o'clock in the morning; what were you doing on board at four o'clock in the morning - was not you a bed and asleep? - A. No, I was not on board the boat at four o'clock in the morning.

Q. Then what was done on board at four in the morning you do not know? - A. No.

Mr. Alley. Q. What time did you go on board the boat at Uxbridge? - A. We got there about seven o'clock in the evening, and staid in the boat till about ten o'clock.

Q. Did you stay in the boat till you left Uxbridge? - A. No, I went to fetch the horses out.

Q. What time was it when you came on board again? - A. I did not go on board after I fetched the horses out of my stable; I was with the horses.

Q. Did the boat stop at Ganford-green? - A. No, he could not have got out of the boat without my seeing him.

Q. Had he an opportunity of getting out of the boat with a sack of wheat without your knowing it? - A. No.

THOMAS MARLBOROUGH < no role > sworn. - Examined by Mr. Alley. Q. Were you on board this boat? - A. I was in the boat with the prisoner from the time the boat left Uxbridge till she got to London.

Q. Did you see him go on shore with the sack of wheat? - A. No, he was in bed, and could not get out of the bed without my knowing it; he got up before ten o'clock, and steered the boat to Bull's green, about six miles.

Q. Before you left Uxbridge, did you observe what was in the boat; was there a sack of wheat in the barge from the time you left Uxbridge, till you came to town? - A. No, there was not; he never was out of the barge but at the lock to pull the gates back.

Cross-examined by Mr. Knapp. Q. He was on shore at Uxbridge? - A. Yes, about ten minutes; he went out for a loaf.

Q. What time did he return again to the boat? - A. I do'nt know justly when he returned; it was about half-past seven in the evening.

Q. He did not go to bed till ten? - A. Yes, he came to bed to me before dark.

Q. You slept pretty sound? - A. No, I did not.

Q. Were you awake at Ganford-green? - A. Yes; he steered to Ganford-green, and I drove the horses.

Mr. Alley. Q. When he returned he brought some bread, and did not bring a sack? - A. He did not; he only brought some bread, and some tea and sugar.

JOSEPH CATLIN < no role > sworn. - Examined by Mr. Alley. Q. Were you on board this boat? - A. Yes; we left Uxbridge about ten o'clock; the prisoner was on board the boat.

Q. Do you recollect his going on board before the boat left Uxbridge? - A. Yes, he went for some bread, and some tea and sugar.

Q. Did he bring a sack of wheat on board? - A. No; he did not.

Q. That you are sure of? - A. Yes, there was no sack at all on board.

Q. Were there any other barges there? - A. Yes; two.

Q. Do you recollect the boat stopping at Ganford-green. - A. They did not stop at all.

Q. Did the prisoner come on shore and carry a sack on shore? - A. No, he did not; I drove the horses from Ganford-green to town.

Cross-examined by Mr. Knapp. Q. Were you on shore at Uxbridge? - A. Yes, about five minutes.

Q. Did you see the waggon load of wheat upon the wharf? - A. No, I did not.

Q. There was no waggon of wheat there? - A. I did not see any waggon.

Q. How long is the wharf, a pretty considerable one? - A. Yes.

Q. (To Mr. Osborne.) How far was the waggon from the barge? - A. About eight yards.

Q. Was the boy in custody at all? - A. No, in consequence of the boy's information, I took him to Marlborough-street; the Magistrates asked me if I would take care of him; I said no; and then he was committed to give evidence.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Heath.