JOHN HACK.
19th July 1786
Reference Numbert17860719-67
VerdictGuilty
SentenceTransportation

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629. JOHN HACK was indicted for feloniously stealing, on the 18th day of July , two gallons of shrub, value 16 s. one wooden cask, value 1 s. the property of Philip Booth and Jon Metham .

WILLIAM CHEESE sworn.

The prosecutors are partners; they are distillers and rectifiers on spirits ; on the 18th of June they lost this wooden cask, it contained two gallons of shrub; I left nobody with the cart; we left it opposite a coach-maker's shop; I know the cask to be the property of the prosecutors; the cask sprung a leak; it was marked shrub on the other side.

Jury. What is the mark of the cask? - Philip Booth .

Mr. Keys, Prisoner's Counsel. You are porter to the prosecutors? - No, I go with the cart.

What time did you go out in the morning? - I cannot say.

What number of casks had you in the cart that morning? - Twenty-eight.

When had you seen this cask? - I cannot say; the casks all answered my bills; I saw it two hours afterwards; all our two gallon casks are alike; they are all marked in the same manner; I had no other that was marked shrub but that; I took the cask under one arm and the prisoner under the other to Justice Wilmott's office, and left them there, and wrote my name upon the cask, and there is the mark of an E.

Court. Did you cover the casks with straw? - Yes.

Then you carried it to the office and then home? - Yes, and it has been there ever since.

RICHARD GEARY sworn.

I am a coach-maker; I saw this cart opposite my house on Tuesday; it stood against the shop, as it has done a good many years; I saw the prisoner in the shop where I work, he was talking about bringing some little wheels, I bargained with him for the wheels; I went out to see what was the matter, and I saw the prisoner walk with it under his arm; I did not see him take any thing out of the cart, I called halloo, and he began to run, and then I called stop thief, he ran down to the bottom of the street with the cag under his arm; it was thrown down; I did not see him throw it down.

Was he out of your sight? - Never, from one end of the street to the other till it was thrown down, then he turned the corner, and was out of my sight for a few

minutes; I went to the bottom of the street as quick as I could; I saw the prisoner coming along in custody to our shop.

In whose hands did you see the cask? - It was an entire stranger to me that had it, and they gave it to me directly.

Should you know the person again if you was to see him? - Yes, the prisoner is the man.

Do you believe the cask that is now produced in Court, was the cask that was under the prisoner's arm? - It was the same size; I believe it was the same; I gave the cask to Cheese the distillers man directly; Cheese marked it at the Justice's, and made a long stroke and a little one; here is the mark.

JOHN GARTER sworn.

How old are you? - Thirteen.

Do you know the nature of an oath? - Yes.

What will become of you if you tell a story? - Go to hell, Sir. I was coming to work; I drive a horse round a mill; I saw this man step up the top of the wheel and take a cask out of this cart.

What size cask was it? - It was the size of this cask.

Do you know whose cask it was? - One Mr. Booth's.

Do you know the coach-maker? - Yes.

Was he standing at his own door? - Yes, facing his door.

Had you ever seen the prisoner before? - No; the prisoner is the man; when he had taken it, he went down the street, and he began to run, I ran after him, and I saw him drop the cask in the same street, but I did not see the cask taken up; I went after the man; I believe this is the same cask he took away; it was about this size; I saw it afterwards in the hands of Richard Geary .

The prisoner was a stranger to you before this time? - Yes; I was standing about five or six yards from the cart on the other side of the way; he was getting on the off wheel, his back was towards me; I saw him coming along; I thought he belonged to the cart; I saw his face, and the cask under his arm; this is the same man I saw on the cart; I lost sight of him two or three minutes; he was pitted with the small pox.

Prisoner. I leave it to my counsel; I am innocent.

The prisoner called three witnesses who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.


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