Thomas Davis.
9th December 1761
Reference Numbert17611209-9
VerdictsNot Guilty; Not Guilty; Not Guilty > no evidence

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10. (L.) Thomas Davis was indicted for stealing 28 pounds of Capers, val. 18 s. the property of Charles Barrow and John Reynolds , Oct. 27 . +

John Morris . I am a servant to the prosecutors, Messieurs Barrow and Reynolds, Oilmen . I think it was the 27th of October the prisoner and another cooper were hooping of casks in our cellars. They went to dinner at one o'clock, and returned again about four. Their work was in the vaults that run under the warehouse a great length. After they were gone down some time, I went down, and cry'd, Below. Nobody answered: I went down farther in the vault, and cry'd Below again. No answer yet. I went to the place where they were at work, and

could see a candle. I met the prisoner at some distance from the place where he should have been at work. I said, what do you do there? He passed me, and made me no answer; he was coming from the capers to his work. I went forward, and there I found his partner. I asked him what he was doing there; he said he was looking for some vessels that I had ordered him to do.

Q. What was his name?

Morris. His name is Henry Foliot ; just by stood an eight gallon new runlet with capers in it. There were three buts of capers which stood open just by.

Q. Who did the runlet belong to?

Morris. I do not know; we have several such. I imagine it to be my masters.

Q. Did you see the prisoner do any thing to the runlet or capers?

Morris. No, I did not see him touch them; but they had been taken out of the buts, and put in by somebody. The next evidence can give an account.

Henry Foliot . I am a cooper; the prisoner and I were at work in the cellar together; we had a run-let of capers, which we carried away between us on the 26th of October.

The accomplice being unsupported by any witness of credit, as Morris could give no account of that carried away the 26th, the prisoner was acquitted .

(L.) He was indicted a Second time for stealing twenty pounds weight of capers, value 13 s. the property of Charles Barrow and John Reynolds , Oct. 26 . +

John Reynolds . We took up the prisoner and Foliot after we had received the account of a parcel being found, put up ready in order to be taken away. We had them before the fitting alderman, and at Guildhall coffee-house. The prisoner acknowledged he had put up the capers in the runlet, in order to take them away; and intended to sell them to Israel Woolse.

Q. Did he mean them on the 26th mentioned in this indictment?

Reynolds. No, he meant those found in the cellar on the 27th.

Hen. Foliot. On the 26th of October the prisoner and I took out a runlet of capers; and Woolse received them of us, and was to pay us when he sold them.

Prisoner's Defence.

I am not guilty.

He called the following persons to his character.

Samuel Thomas and James Merrick , who had known him from an infant; Edward Bowman , twenty years; John Roose and Joseph Buck , the same; James Quince , seven; John Higginson , from a child; John Pricklow , from before he went apprentice; John Hestings , four years and a half; Benjamin Worthy , twelve; and John Haugh , eight or nine years; who ail gave him a good character.

For the Prosecution.

Henry Pulley . The prisoner was turned over to me about four years ago; he is my apprentice now; he has about nine months to serve. I have a very indifferent opinion of his honesty.

On his cross-examination, he said, he had acquainted most of the witness for his character of his bad behaviour; that he had a very bad character; that for two years past he lay out at nights, sometimes two or three nights in a week, and sometimes for a week together, and gone into loose company; and that he has been afraid of being robbed by him.

As his confession mentioned by Mr. Reynolds was to the capers in the first indictment, and nothing mentioned relating to those on the 26th by any of credit to support the accomplice's evidence, he was acquitted .

He was a third time indicted for stealing twelve pounds weight of Prussian blue , the property of property of Charles Barrow , and John Reynolds . No evidence produced.

Acquitted .

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