14th February 1798
Reference Numbert17980214-33
SentenceCorporal > public whipping

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176. PHILIP BRAMLEY was indicted for feloniously stealing, on the 14th of February , 6lbs. of raw coffee, value 5s. the property of John Kymer , John Mactagot , Caleb Marshall , Benjamin Gray , William Chandler , and Benjamin Lyne .

Second Count. Laying it to be the property of John Kymer , John Mactagot , Caleb Marshall , and Benjamin Gray .

Third Count. Laying it to be the property of certain persons unknown.(The case was opened by Mr. Knowlys.

GEORGE PARKER sworn. - I am in the employ of the Excise, I was at Messrs. Kymer and Co's warehouse; on the 14th of February last, the prisoner was employed as a cooper to hoop and unhoop the casks as they might be wanted, the warehouses contained raw coffee, and cocoa-nuts; between ten and eleven o'clock in the morning, the prisoner came down stairs, and said, he was going to work at my old warehouse, that is, a warehouse in Elbow-lane, that I had been at before; I rubbed him down, as is customary, and found he had coffee in his breeches, or something, which I desired him to turn out, I took him into a room, and he unbuttoned the knees of his breeches to let it run out, but he said, he would go back to the place he had it from; I insisted upon his letting me see what it was, and then he let it run out at both knees of his breeches, there is about six pounds of it. (Produces it.)

Cross-examined by Mr. Knapp. Q.What are you? - A.An excise-locker, and have been so for two years.

Q. Are there any perquisites belonging to the persons using the warehouses? - A. I never knew of any.

Q. Are not the droppings from the casks perquisites? - A. No; they are swept together, and cleaned for the use of the warehouse-keeper.

JOHN LESLIE sworn. - I am clerk to Messrs. John Kymer, John Mactagot, Caleb Marshall, and Benjamin Gray, they are answerable for this coffee.

Prisoner's defence. I am a foreigner; I found this coffee scattered upon the floor, and I thought, as I had a large family, and I did not know that it belonged to any body, I might as well have some.

The prisoner called three witnesses, who gave him an excellent character.

Parker. The prisoner had been employed in those warehouses some years before I came there.

GUILTY , on the Second Count.

Publicly whipped, as near to the warehouse as possible .

Tried by the London Jury, before Mr. RECORDER.

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