<div1 type="trialAccount" id="t17980418-6"> <interp inst="t17980418-6" type="collection" value="BAILEY"></interp>
<interp inst="t17980418-6" type="uri" value="sessionsPapers/17980418"></interp>
<interp inst="t17980418-6" type="after" value="17980418"></interp>
<interp inst="t17980418-6" type="before" value="17980418"></interp>
<join result="criminalCharge" id="t17980418-6-off24-c85" targOrder="Y" targets="t17980418-6-defend92 t17980418-6-off24 t17980418-6-verdict28"></join>
<p>240. <rs type="persName" id="t17980418-6-defend92"> <interp inst="t17980418-6-defend92" type="role" value="proceedingsdefend"></interp>
AARON BAKER <interp inst="t17980418-6-defend92" type="surname" value="BAKER"></interp>
<interp inst="t17980418-6-defend92" type="given" value="AARON"></interp>
<interp inst="t17980418-6-defend92" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17980418-6-off24" type="offenceDescription"> <interp inst="t17980418-6-off24" type="offenceCategory" value="theft"></interp>
<interp inst="t17980418-6-off24" type="offenceSubcategory" value="theftFromPlace"></interp>
feloniously stealing, on the <rs id="t17980418-6-cd25" type="crimeDate">25th of October</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17980418-6-off24 t17980418-6-cd25"></join>
, ninety pounds weight of raw sugar, value 30s. the property of <rs type="persName" id="t17980418-6-victim93"> <interp inst="t17980418-6-victim93" type="role" value="proceedingsvictim"></interp>
Robert Milligan <interp inst="t17980418-6-victim93" type="surname" value="Milligan"></interp>
<interp inst="t17980418-6-victim93" type="given" value="Robert"></interp>
<interp inst="t17980418-6-victim93" type="gender" value="male"></interp>
</rs>
and <rs type="persName" id="t17980418-6-victim94"> <interp inst="t17980418-6-victim94" type="role" value="proceedingsvictim"></interp>
David Mitchell <interp inst="t17980418-6-victim94" type="surname" value="Mitchell"></interp>
<interp inst="t17980418-6-victim94" type="given" value="David"></interp>
<interp inst="t17980418-6-victim94" type="gender" value="male"></interp>
</rs>
, in the ship called the Bushey Park, upon the navigable River Thames </rs>
.</p>
<p>Second Count. Laying it to be the property of <rs type="persName" id="t17980418-6-victim96"> <interp inst="t17980418-6-victim96" type="role" value="proceedingsvictim"></interp>
Roderick Morrison <interp inst="t17980418-6-victim96" type="surname" value="Morrison"></interp>
<interp inst="t17980418-6-victim96" type="given" value="Roderick"></interp>
<interp inst="t17980418-6-victim96" type="gender" value="male"></interp>
</rs>
.</p>
<p>Third Count. Laying it to be the property of certain persons unknown.(The indictment stated by Mr. Jackson, and the case by Mr. Fielding.)</p>
<p> <rs type="persName" id="t17980418-6-person97"> <interp inst="t17980418-6-person97" type="role" value=""></interp>
JOHN BRAMHAM <interp inst="t17980418-6-person97" type="surname" value="BRAMHAM"></interp>
<interp inst="t17980418-6-person97" type="given" value="JOHN"></interp>
<interp inst="t17980418-6-person97" type="gender" value="male"></interp>
</rs>
sworn. - Examined by Mr. Knowlys. I am a waterman; I know the prisoner perfectly well; he is a <rs id="t17980418-6-deflabel26" type="occupation">waterman</rs>
<interp inst="t17980418-6-deflabel26" type="occupation" value="waterman"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17980418-6-defend92 t17980418-6-deflabel26"></join>
belonging to the Custom-house.</p>
<p>Q. Did you know the Bushey Park? - A. Yes; she laid off <rs type="placeName" id="t17980418-6-crimeloc27">Wapping New-stairs</rs>
<interp inst="t17980418-6-crimeloc27" type="placeName" value="Wapping New-stairs"></interp>
<join result="offencePlace" targOrder="Y" targets="t17980418-6-off24 t17980418-6-crimeloc27"></join>
, 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.</p>
<p>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.</p>
<p>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.</p>
<p>Cross-examined by Mr. Knapp. Q. Have you been here very often? - A. Yes.</p>
<p>Q. You belong to the Custom-house? - A. Yes.</p>
<p>Q. And you were discharged? - A. Yes.</p>
<p>Q. They never discharge people for any good deeds, I believe? - A. I was discharged about some bad words with another officer.</p>
<p>Q. What bad words? - A. I detected an officer of the Customs robbing the Custom-house, and I took the goods away from him.</p>
<p>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.</p>
<p>Q. You were on board a tender, were not you? - A. Yes.</p>
<p>Q. You were not discharged from there? - A. I was, upon two persons being found to supply my place.</p>
<p>Court. I cannot take this as any imputation to the man's character; he was pressed.</p>
<p>Q. Did not you run away from the tender? - A. I ran away from the Leander.</p>
<p>Q. This affair happened the 25th or 26th of October? - A. Yes.</p>
<p>Q. When did you give the first information respecting it? - A. I gave it in November.</p>
<p>Q. How long after? - A. I dare say it was some weeks.</p>
<p> <rs type="persName" id="t17980418-6-person98"> <interp inst="t17980418-6-person98" type="role" value=""></interp>
DAVID SANDEMAN <interp inst="t17980418-6-person98" type="surname" value="SANDEMAN"></interp>
<interp inst="t17980418-6-person98" type="given" value="DAVID"></interp>
<interp inst="t17980418-6-person98" type="gender" value="male"></interp>
</rs>
sworn. - Examined by Mr.<xptr type="pageFacsimile" doc="179804180011"></xptr>
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.</p>
<p>For the Prisoner.</p>
<p> <rs type="persName" id="t17980418-6-person99"> <interp inst="t17980418-6-person99" type="role" value=""></interp>
JOHN MILLMETT <interp inst="t17980418-6-person99" type="surname" value="MILLMETT"></interp>
<interp inst="t17980418-6-person99" type="given" value="JOHN"></interp>
<interp inst="t17980418-6-person99" type="gender" value="male"></interp>
</rs>
sworn. - Examined by Mr. Knapp. I am a Custom-house officer.</p>
<p>Q. Do you remember towing Baker's boat? - A. I remember rowing along-side Baker's boat the latter end of-October last.</p>
<p>Q. Did you see Bramham take sugar out of any boat? - A. No.</p>
<p>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.</p>
<p>Q. Did you leave any in the boat, or about the lumpers? - A. No.</p>
<p>Q. Was there any taken from any body on shore? - A. None that I know of.</p>
<p>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.</p>
<p>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.</p>
<p>Q. Did you see Bramham rowing along-side? - A. No.</p>
<p> <rs type="persName" id="t17980418-6-person100"> <interp inst="t17980418-6-person100" type="role" value=""></interp>
THOMAS MORGAN <interp inst="t17980418-6-person100" type="surname" value="MORGAN"></interp>
<interp inst="t17980418-6-person100" type="given" value="THOMAS"></interp>
<interp inst="t17980418-6-person100" type="gender" value="male"></interp>
</rs>
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.</p>
<p>Q. In the course of the day did you walk the decks? - A.Either on the decks or below.</p>
<p>Q. How many officers were there on board? - A. Five.</p>
<p>Q. Was the captain on board at that time? - A. The captain was very seldom on board.</p>
<p>Q. But there were always five officers on board? A. Yes, and the owner.</p>
<p>Q. Was the owner on board all the time of unlading? - A. Yes.</p>
<p>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.</p>
<p>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.</p>
<p>Cross-examined by Mr. Fielding. Q. There were five officers on board the ship? - A. Yes; two Excise, and three Custom-house officers.</p>
<p>Q. And are you all upon deck, or where? - A. Sometimes upon deck, and sometimes in one place, and sometimes in another.</p>
<p>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.</p>
<p>Court. Q. Do you know how many hogsheads of sugar there were on board this vessel? - A. I cannot form an idea.</p>
<p>Q. You kept plenty of watch over all the property on board? - A. As far as I know I did.</p>
<p>Q. Were any of the hogsheads emptied of the sugar? - A.There was a great deal washed away by the badness of the weather.</p>
<p>Q. And none taken out, but what was washed away by the badness of the weather? - A. No.</p>
<p>Q. That you swear? - A. Yes.</p>
<p>Court. (To Sandeman). Q. Did you see her come into port? - A. I did not.</p>
<p>Q. Did you observe the contents before you saw the nine empty hogsheads taken out? - A. I did not.</p>
<p>Mr. Fielding. Q. Do you know what became of the mate of that ship? - A. I do not know any thing of him.</p>
<p>Q. Upon your oath, do not you know that he ran away? - A. I do not know whether he ran away or walked away.</p>
<p>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.</p>
<p>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.</p>
<p> <rs type="persName" id="t17980418-6-person101"> <interp inst="t17980418-6-person101" type="role" value=""></interp>
JOSEPH WRIGHT <interp inst="t17980418-6-person101" type="surname" value="WRIGHT"></interp>
<interp inst="t17980418-6-person101" type="given" value="JOSEPH"></interp>
<interp inst="t17980418-6-person101" type="gender" value="male"></interp>
</rs>
sworn. - Examined by Mr. Knapp. I am a Custom-house officer: I was stationed on board the Bushey Park in October.</p>
<p>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.</p>
<p>Q. Was Morgan there? - A. Yes.</p>
<p>Q. Was Loughton there? - A. I do not think he was.</p>
<p>Q. Was the owner of the ship there? - A. Yes, he was there during the chief part of the delivery of the cargo.</p>
<p>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.</p>
<p> <xptr type="pageFacsimile" doc="179804180012"></xptr>
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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>Q. Have you never heard that there was great plunderage on board that ship? - A. Never.</p>
<p>Q. From that time to this, have you not heard that it was plundered? - A. Not till the last trials.</p>
<p>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.</p>
<p>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.</p>
<p>Q. And did you, during that attention, find any sugar? - A. It is the duty of the officers on board.</p>
<p>Court. Q. Do you know <rs type="persName" id="t17980418-6-person102"> <interp inst="t17980418-6-person102" type="role" value=""></interp>
Aaron Baker <interp inst="t17980418-6-person102" type="surname" value="Baker"></interp>
<interp inst="t17980418-6-person102" type="given" value="Aaron"></interp>
<interp inst="t17980418-6-person102" type="gender" value="male"></interp>
</rs>
? - A. Yes; I know him as an officer on the water.</p>
<p>Q. Did you see the boat near the Bushey Park? - A. No, I never did.</p>
<p>Q. Did you see any lumpers in his boat? - A. I never saw his boat, to my knowledge.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p> <rs type="persName" id="t17980418-6-person103"> <interp inst="t17980418-6-person103" type="role" value=""></interp>
JOHN LOUGHTON <interp inst="t17980418-6-person103" type="surname" value="LOUGHTON"></interp>
<interp inst="t17980418-6-person103" type="given" value="JOHN"></interp>
<interp inst="t17980418-6-person103" type="gender" value="male"></interp>
</rs>
sworn. - Examined by Mr. Alley. I am an Excise officer.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>The prisoner called six other witnesses, who had known him from five to twenty years, and gave him an excellent character.</p>
<p> <rs id="t17980418-6-verdict28" type="verdictDescription"> <interp inst="t17980418-6-verdict28" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the second Middlesex Jury, before Lord KENYON.</p>
</div1>

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