The Proceedings of the Old Bailey

 

258.   WILLIAM ABBOTT was indicted for stealing, on the 14th of May last, one hundred and fourteen pounds weight of bees wax, value 10 l. the property of   Joseph Sabine , and others.

  JOSEPH SABINE sworn.

I am a gangsman of  Botolph-wharf ;   Robert Waghorn ,   John Salmon ,   Thomas Knight ,   James Bullock ,   Henry Ventress ,   John England ,   Timothy Hewlett ,   Thomas Hinton , and   Jonas Dear , those are all our gang; I lost this bees wax: I did not see it taken.

  JETHRO SHIPLEY sworn.

I saw the prisoner lower with a cord this bees wax from one story into the gateway: it was loose in a cake in a bag when he lowered it, and a man below took a cord to the mouth of the bag; I went and put the wax in its place; the man that was below

away, the prisoner remained above; the wax was carried to the place he took it from in the warehouse up stairs; I found it in the gateway, just where it was dropped; the prisoner was searched for, and found in a garret on a beam; he said, I desire you will not use me ill; I sent for Mr. Hunter the constable, I have seen the prisoner sundry times, I am certain it was the prisoner; this is the same wax.

  JOHN LOUGHMAN sworn.

The prisoner was employed as a labourer , I locked all the doors of the warehouse about one.

Court to Sweatman. What time did this happen? - About two o'clock; how he got in I know not, he was paid about one o'clock; I am certain I locked the door, and the prisoner came down before me, I came down to work again, with my master at two o'clock, and I did not hear of the wax being gone, I shut the garret-door myself; there is a communication from the garret all the way down to the bottom.

  WILLIAM ISLES sworn.

I am clerk to the East India Company at Botolph-wharf, I heard of the wax being lost in the Company's office; I went and searched the garret, and found the prisoner upon a beam concealed; having a stick in my hand, I thought I saw something by the shade of a candle, I struck him twice on the legs, and he came down, and desired that we would not use him ill, and I charged him with the constable; there was another man in the garret, and I searched a second time, but we could not find him.

Court to Loughman. Was this man found in the garret that you worked in? - No, there are many garrets belonging to other porters.

  THOMAS HUNTER sworn.

I am constable at the Custom-house, I only took charge of the prisoner and the wax, about two o'clock; the wax was given me by Sweatman, I have had it in my custody ever since. (Produced and deposed to by the gangsmen.) There is no mark upon it; I verily believe it to be the cake of wax that was in the warehouse, and taken out of a cask to be tared, and could not be got in the cask again; the other cake was rather smaller than this.

Sweatman. I saw the wax within the forty-eight hours before it was stole.

PRISONER's DEFENCE.

I was at work in the building from ten to one; the man in the smock-frock knows that that man employed me to carry a parcel to Bishopsgate-street, and he would give me a shilling and a pint of beer, I was told it was cheese, and I knew nothing to the contrary; the wax I knew nothing of, but if this was any part of the wax that was weighed at the key, it weighed one hundred two quarters fourteen pounds, and was marked at the top of the wax the weight of it.

GUILTY .

( Whipped .)

Tried by the London Jury before Mr. RECORDER.