238. HENRY HITCHMAN proceedingsdefend was indicted for feloniously stealing, on the 8th of January , two casks, value 5 s. four gallons of rectified spirits, value 2 l. two bottles of gin, value 6 s. a wooden can, value 5 s. and a gallon and a half of gin, 15 s. the property of Benjamin Hodges proceedingsvictim , Benjamin George Hodges proceedingsvictim , and Thomas Chamberlain proceedingsvictim .

JAMES CANNON < no role > . I am a clerk to the prosecutors.

Q. Do you know the prisoner - A. Yes, he was a carman it their service.

Q. Did you see him on the 8th of January last - A. Yes, in the evening, at the time he was leaving his work. I took from the prisoner a quart bottle of gin, as he was going off the premises of his employers; he had the bottle of gin under his smock-frock, near his breast. I had before locked the door, and stopped him from going off the premises. From this discovery I asked him for the key of his corn bin, which he gave me. I then went to his stable where his corn bin was; he wished to go with me. I would not suffer him. I went to the corn bin alone. I found it locked, and the key I took from him unlocked it. I found in the corn bin a wooden can, containing about a gallon of gin. This is the can. I also found a quart bottle nearly full of gin, and one empty bottle. We sent for a constable, and after he was taken in custody he acknowledged that he had been robbing his master for the last two years.

Q. Did you go to Sinfield by his directions - A. Yes.

Q. What is Sinfield - A. A publican, living in Wood-street, Westminster, about a quarter of a mile from the prosecutors premises. At Sinfield's we discovered about twenty gallons of rectified spirits, concealed in a box, in stone jars, in his bed-room up stairs.

Q. Did you see Sinfield on the premises at that time - A. Yes. I saw Sinfield and saw him go up stairs.

Q. What become of Sinfield - A. He escaped while the officer was in the house. The officer stated to him what we had come about. He absconded.

Q. Was this spirits such as the prosecutors had - A. Yes. The prisoner stated that he had been selling to the publican, Sinfield, for the last two years.

Q. Could you tell whether these spirits were your masters - A. No, not to swear to them; they were such spirits that we had.

Q. Now, with respect to this corn him, the key of which the prisoner gave to you - A. Yes.

Q. Had any other person access to the corn bin except the prisoner - A. No other person.

Q. In searching at Sinfield's, did you find any casks of the prosecutors - A. Yes, there were two casks concealed in the bed-room, in the same room where the spirits were. They had not been sent out of the house in the regular course of trade.

Q. When you found that quantity in the corn bin did you tell the prisoner what you had found there - A. Yes. He said the bottle of gin was for his wife, and he said that he had drained the pipes and collected this gallon of gin.

Q. What was that gin in the can - A. Strong rectified gin.

Q. Was that the draining of pipes - A. Most likely it was the draining of the pipes. Our men are not allowed to take the draining of pipes for themselves. In consequence of that we are obliged to allow many customers for short measure, which this circumstance accounted for.

BENJAMIN GEORGE HODGES < no role > . Q. You are one of the partners of this distillery - A. Yes; my partners names are Benjamin Hodges < no role > and Thomas Chamberlain.

Q. Were you one of the persons who went the next day to the house of Sinfield - A. Yes.

Q. Were any of the spirits which you found at Sinfield's house, spirits which you can speak to with certainty - A. Yes, it was a particular strength. It was an illegal strength. It was 44 per cent. It must be sent out at a lower strength than that; 20 per cent under, or 20 per cent. over.

Q. On your examining that at Sinfield's could you undertake to say it was yours - A. The strength corresponded to the spirit then in our house. I know it by the flavour in particular, and the strength corresponded. It was very strong.

Q. Were these drainings - A. I do not think they were.

Mr. Knapp. You were in Court when your clerk was examined, you heard him state that they might have been drainings - A. Yes; his imagination and mine might not correspond. I cannot swear that they were or that they were not.

WILLIAM GOODENOUGH < no role > . I am a constable of the parish of St. John's. I was sent for to take the prisoner in custody. Mr. Hodges charged him with concealing a quantity of liquor. The prisoner said he was sorry for it; he was not the only one as had taken it. He mentioned others, by which his master was enabled to detect others. I produce the spirits found in the corn bin. I have kept it ever since.

JAMES GILLMORE < no role > . Q. You searched Sinfield's house with Mr. Hodges - A. I did. I found the spirits that Mr. Hodges has mentioned, and two casks with Mr. Hodges name on it. These are the casks.

Q. to Mr. Hodges. Look at the marks on the cask, are they your casks - A. They are.

Q. Did you serve Sinfield's - A. We did. These casks never went from our house in the regular course of trade. We keep account of the casks the same as we do of cash. They are always entered and set down.

Q. I take it for granted the publicans keep the casks in their cellars, not in their bed-rooms - A. Yes.

GUILTY , aged 33,

Of stealing that in the corn bin, not of that which was at Sinfield's.

Transported for Seven Years .

First Middlesex jury, before Mr. justice Bailey.