167. JOHN KELLY proceedingsdefend , THOMAS PRITCHARD proceedingsdefend , and JOHN SIMPSON proceedingsdefend , were indicted for stealing, on the 9th of November , three pints of rum, value 2s. the property of John Sage proceedingsvictim .

ANOTHER COUNT, stating it to be the property of the West India Dock Company proceedingsvictim .

JAMES OLLEY HUDSON. I belong to the West India Docks. I delivered fifty-two puncheons of rum out, which had been imported in the ship Knapton, Captain Christie. Amongst others, I delivered No. 9, nearly full; I delivered them all to the care of William Weston < no role > , a watchman, at about three o'clock in the afternoon, in the Ducks.

WILLIAM WESTON. I am an extra watchman of the Excise. On the 9th of November last, I was on duty, and the last witness delivered the rum into my charge; it was bunged, and there were tins over the bungs. I saw them put into a lighter, and I watched them, until I was relieved, which was at six o'clock, by John Kelly, he is an extra watchman in the service of the Excise. Up to the time that I was relieved, the rum was not touched, for I was on board the craft.

Cross-examined by Mr. Andrews. They remained about half an hour before they were put into the lighter, during which time I employed myself going to the Excise office with samples; it is an Excise office just outside the Dock gates.

WILLIAM RAWLINSON < no role > . I am a lighterman to Mr. Suge. On the 9th of November, I received twenty-two puncheons of rum from the last witness, and they were put into my barge from the crane on the Quay. I remained on board until they weremoved into the Guter Basin. I left the craft at a little after five in the evening, and Weston was taking care of it. When I returned in the morning, I found Kelly in custody.

JACOB FELTON < no role > . I am an extra watchman in the Excise. On the evening of the 9th of November, I went on duty at the Basin of the West India Docks, at six o'clock. At about ten o'clock, I observed a man walking along side of the Basin, towards whom I went, suspecting, I said, is it you Kelly; the prisoner Kelly, said yes, and I turned back with him. He told me he had a charge of coffee and complained to me very much of the constables interrupting him in having a fire. I told him I thought he might do very well without fire. When we parted, he went on board a lighter, and then I went round the basin. I saw a light on board the barge that the prisoner went to. I met Pugh, and we got two constables, and went on board the barge. When we got on board we hallooed, and John Kelly < no role > opened the hatch-way; I took the lanthorn from Pugh, and went down the hatch-way into the cabin; I found the two prisoners, Pritchard and Simpson, both laying down on the floor opposite the door. Kelly went and sat himself down at one end of the the cabin. There was a large fire, which is a thing not allowed. I bid the constable, Thomas Tatham, to search, and I saw him find a tin pot, about half full of warm grog, and by Kelly's side was a bladder, with three parts of a pint of rum in it, together with a gimblet, and a spoil. The barge in which we found Kelly, was a sugar lighter, that Simpson had the care of; Pritchard had the charge of the next barge, which was a rum lighter, and he is an extra Excise watchman. I examined the twenty-two casks of rum in Kelly's barge, and we found the side of cask No. 9, with a spoil in it, and leaking. The prisoners refused to surrender themselves to the constables, and we went to the guard-house, and got a file of men.

EDWARD PUGH < no role > . Corroborated the testimony of the last witness.

THOMAS TATHAM < no role > . Was a constable, and also corroborated the testomony of Felton.

JOHN FIELD. I am surveyor of imports at the West India Docks. I gauged the cask No. 9, and upon calculation, there are about three pints missing; I found one inch and a qaarter dry.

Cross-examined by Mr. Andrews. We can bring the gauge within half a gallon; but we can't come within a pint, or two pints; the operation is more perfectly performed when the cask is nearly full.

NOT GUILTY .

First Middlesex Jury, before Mr. Baron Thompson < no role >