<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>110, 111. (M.)
<persName id="t17560225-3-defend62" type="defendantName"> William Login
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<persName id="t17560225-3-defend64" type="defendantName"> John Johnson
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<interp inst="t17560225-3-defend64" type="given" value="John"/>
<interp inst="t17560225-3-defend64" type="gender" value="male"/> </persName> were indicted for
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<interp inst="t17560225-3-off14" type="offenceSubcategory" value="grandLarceny"/> stealing two gallons of distilled spirituous liquor, call'd rum, value 5 s. 6 d. the goods of persons unknown; 9 yards of canvas, value 3 s. 4 guns, value 16 s. 5 pistols, val. 10 s. </rs> the goods of
<persName id="t17560225-3-victim65" type="victimName">
<persName id="t17560225-3-person66" type="victimName"> John Campbell
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<rs id="t17560225-3-cd15" type="crimeDate">Feb. 16</rs>
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<p>
<persName id="t17560225-3-person67"> Thomas Johnson
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<interp inst="t17560225-3-person67" type="gender" value="male"/> </persName> . I was master of the ship Ruby, lately arrived from Jamaica; the two prisoners at the bar were put into her as
<rs id="t17560225-3-deflabel16" type="occupation">king's officers</rs>
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<join result="persNameOccupation" targOrder="Y" targets="t17560225-3-defend64 t17560225-3-deflabel16"/>, and I believe they had the sole charge of her when she was put into the wet dock at Black-wall.</p>
<p>Q. When did she go into the dock?</p>
<p>Johnson. I don't know; I was discharg'd from the ship a little before she went into the dock: it is about two months ago.</p>
<p>Q. Was she delivered of her goods?</p>
<p>Johnson. She lay at Shadwell-dock when she was delivered of part, but there were above 40 puncheons of rum left on board when she went into the wet dock; and there was a chest of arms.</p>
<p>Q. Who were the owners of the ship?</p>
<p>Johnson.
<persName id="t17560225-3-person68"> John Campbell
<interp inst="t17560225-3-person68" type="surname" value="Campbell"/>
<interp inst="t17560225-3-person68" type="given" value="John"/>
<interp inst="t17560225-3-person68" type="gender" value="male"/> </persName> and others, I don't know their names?</p>
<p>Q. In what part of the ship was the rum and chest of arms.</p>
<p>Johnson. The rum was down in the hold, and the chest of arms in the steerage</p>
<p>Q. Were the arms lock'd up?</p>
<p>Johnson. I believe they were.</p>
<p>Q. When did you see them on board last?</p>
<p>Johnson. I saw them when I was discharged, and gave the mate orders to lock up the chest, and he told me afterwards he did.</p>
<p>Q. What arms were there on board?</p>
<p>Johnson. There were 12 muskets, 4 musketoons and 6 pistols, all in the same chest.</p>
<p>Q. Had they any marks to them?</p>
<p>Johnson. No, none as I took notice of. I left them in the ship at Shadwell-dock.</p>
<p>Cross examination.</p>
<p>Q. Was you ever on board the ship after she was in the wet dock?</p>
<p>Johnson. I was on board her 10 days ago, to see by over-hawling the things what was missing.</p>
<p>Q. What did you find missing?</p>
<p>Johnson. There were 4 muskets, one musketoon, and 5 pistols missing.</p>
<p>Q. Were the prisoners on board then?</p>
<p>Johnson. They were.</p>
<p>
<xptr type="pageFacsimile" doc="175602250005"/>Q. How long had you been absent from her?</p>
<p>Johnson. About 5 weeks as nigh as I can guess.</p>
<p>Q. Did you inform the prisoners at that time, of what you missed?</p>
<p>Johnson. No, I did not.</p>
<p>Q. How came they to be taken up?</p>
<p>Johnson. I can't tell.</p>
<p>Capt. Campbell. I am one of the owners of the ship Ruby; on Sunday was fortnight I receiv'd a letter from Mr. Perry, a master builder at Blackwall, giving me an account of these things being missing from the vessel. I sent word to
<persName id="t17560225-3-person69"> John Sidney
<interp inst="t17560225-3-person69" type="surname" value="Sidney"/>
<interp inst="t17560225-3-person69" type="given" value="John"/>
<interp inst="t17560225-3-person69" type="gender" value="male"/> </persName> , to go on board to see in what condition the arms were i n, and to come to me at the Jamaica coffee house; he came and inform'd me there were arms missing. Then I ordered him to meet me on the Wednesday after at Blackwall, which he did; then captain Johnson and I went on board; when we got upon deck we could not get the compainon open, there stood Login on board, I ask'd him what he did there? he said he was the king's officer, and said he would open it, which he did; we went down into the steerage, there was an empty cask stood on the arm chest, I bid him take it off, which he did; I opened the chest and bid captain Johnson take the arms out, which he did; there were 8 muskets, 1 pistol, 3 blunderbusses and eleven cutlasses.</p>
<p>Q. What were missing?</p>
<p>Campbell. There were wanting 4 muskets, one blunderbuss and 5 pistols, according to the inventory. I taxed Login with taking them, and ask'd what was become of them? presently Johnson came from out of the ship's hold; then I said to them, what a fine character have I got to lay before the commissioners of the excise of you for taking care of the ship; they said they knew nothing of the matter.</p>
<p>Q. Were there any others left in care of the ship besides the prisoners?</p>
<p>Campbell. No, there was no body else, the ship is laid up for a year; and on their desiring to be in the steerage, I gave them leave. Then we went to a publick-house in Poplar, and was told there were some arms there. The landlord told me Login had brought some arms there, and one McBean had carry'd them away; I think he said three musquets and some pistols. We took up McBean, he owned the same, and we found by his directions 2 musquets, 4 pistols, and a piece of canvas, and before the justice McBean confessed the stealing of rum. (Four musquets and five pistols produced in court.) I can't swear these are the same that were missing, they are such as I bought for the ship's use about six years ago; they were the property of me and the rest of the owners.</p>
<p>Q. What are the owners names?</p>
<p>Campbell. Myself; William Isaac Kopps; John Perry;
<persName id="t17560225-3-person70"> Joseph Bird
<interp inst="t17560225-3-person70" type="surname" value="Bird"/>
<interp inst="t17560225-3-person70" type="given" value="Joseph"/>
<interp inst="t17560225-3-person70" type="gender" value="male"/> </persName> ; and Edward White</p>
<p>Q. to Johnson. Do you know either of these arms here produced?</p>
<p>Johnson. The pistol's are the very same that were on board the ship Ruby, I believe the musquets to be the same, but I'll not swear to them.</p>
<p>
<persName id="t17560225-3-person71"> John Sidney
<interp inst="t17560225-3-person71" type="surname" value="Sidney"/>
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<interp inst="t17560225-3-person71" type="gender" value="male"/> </persName> . On Friday the 9th of this instant February I received a letter from capt. Campbell, with another inclosed which he received from the master builder; he desired me to go to the ship to over-hawl the arms, to see what was missing. I went on the Tuesday morning and took capt. Johnson with me. We looked in the arm chest and found 8 musquets, 1 pistol, and 10 cutlasses. I went to the Jamaica coffee-house and told capt. Campbell what we found, he said then there were so many missing according to the inventory.</p>
<p>Q. Were the prisoners challenged with taking what were missing?</p>
<p>Sidney. They were, but they denied it, Then I found McBean in company with Johnson, he produced 4 pistols and some canvas; then he went with me before justice Berry and made his confession. I know nothing against the prisoners. I took charge of the ship at Shadwell-Dock, and carried her into the wet dock, at Blackwall.</p>
<p>Cross examination.</p>
<p>Q. When a ship is in dock is it not customary for other people to come on board her ?</p>
<p>Sidney. They have no right to go under the deck, they pass and repass over her, as she lays by the side of others.</p>
<p>Q. Were there none on board the ship while she was in the dock to take care of her?</p>
<p>Sidney. About three days after she was in the dock I discharged a man by order of the owners; then there were none left but the prisoner, no body had any right but themselves to be there, and I had the keys of the hatches.</p>
<p>
<persName id="t17560225-3-person72"> Alexander McBean
<interp inst="t17560225-3-person72" type="surname" value="McBean"/>
<interp inst="t17560225-3-person72" type="given" value="Alexander"/>
<interp inst="t17560225-3-person72" type="gender" value="male"/> </persName> .
<persName id="t17560225-3-person73"> William Login
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<interp inst="t17560225-3-person73" type="given" value="William"/>
<interp inst="t17560225-3-person73" type="gender" value="male"/> </persName> came to me at different times to the
<persName id="t17560225-3-person74"> Sarah Galley
<interp inst="t17560225-3-person74" type="surname" value="Galley"/>
<interp inst="t17560225-3-person74" type="given" value="Sarah"/>
<interp inst="t17560225-3-person74" type="gender" value="female"/> </persName> at Porlar with 2 mosquets and 4 pistols; I then look'd after Mr. Turnhill's house for two or three days, while he was ill; Login desired me to carry the arms to London for him to my uncle's house in Ratcliff-Highway, and to sell them for him, and told me I should have some of the money. I told him I would not do it upon any account.</p>
<p>
<xptr type="pageFacsimile" doc="175602250006"/>Q. Did he tell you where he had them?</p>
<p>McBean. He did after he brought them, that he had them from on board the ship he was on; he came to me on the 8th of this instant, and asked me if I had a gimblet, and bid me come on board after him. I went; he took an old key out of his pocket, and unlock'd the padlock, and gave me a dark lanthorn and a candle, and bid me go into the hold along with him, and said he'd give me some rum, for it would never be missed; he took the gimblet and bored, and draw'd off some rum from a puncheon. Then he went to a locker on the side of the ship, and brought a piece of canvas and cut it in two pieces, and gave it to his wife, and she carry'd it to Poplar; and he gave me about 3 yards of it, which is this piece here in court; the bit he had was as big again as mine.</p>
<p>Q. What quantity of rum did you take?</p>
<p>McBean. He gave me four flasks, and kept seven to himself, the flasks held about a quart each.</p>
<p>Q. Do you know whether Johnson had any rum?</p>
<p>McBean. I know he had three gallons at a publick-house at Poplar, but how he came by it I don't know.</p>
<p>Q. What became of that?</p>
<p>McBean. He told me he had sold it.</p>
<p>Q. Do you know whether Johnson had any of the canvas?</p>
<p>McBean. Login told me Johnson had some, but I did not see him take any thing.</p>
<p>Q. Where was Johnson when you was on board?</p>
<p>McBean. He was then at home.</p>
<p>Cross examination.</p>
<p>Q. Where do you live?</p>
<p>McBean. I live in Ratcliff-Highway, with my uncle.</p>
<p>Q. What is his business?</p>
<p>McBean. He is a grocer by trade.</p>
<p>Q. Are you of no business whatever?</p>
<p>McBean. No, nothing but of his business; I serve in the shop.</p>
<p>Q. How long have you been acquainted with the prisoners?</p>
<p>McBean. I never saw them before the ship came into the dock at Blackwall.</p>
<p>Q. How many times had you been on board that ship?</p>
<p>McBean. I can't tell.</p>
<p>Q. Was you 20 times?</p>
<p>McBean. I can't say, I believe not.</p>
<p>Q. Had you seen Login before he brought you the musquets?</p>
<p>McBean. Yes, I had two or three times; I had spoke to him several times.</p>
<p>Q. Where?</p>
<p>McBean, At a publick-house at Blackwall. When I went on board, Johnson and he were on board together.</p>
<p>Q. Did not you carry a bunch of keys on board?</p>
<p>McBean. I had keys in my pocket; but they belong'd to my uncle, they did not know that I had them about me.</p>
<p>Q. What time was it he brought you the musquets?</p>
<p>McBean. I can't say, but it was before he gave me the rum.</p>
<p>Q. Did not you know he was stealing the rum then?</p>
<p>McBean. I did know it.</p>
<p>Q. How came that qualm of conscience to go off?</p>
<p>McBean. He told me it would never he missed?</p>
<p>Q. How came this affair to come out, was not you apprehended with some things upon you?</p>
<p>McBean. No, I was not.</p>
<p>Q. Had you never hinted on shore to them, that, as the militia was raising in London, you wish'd you had a gun for your uncle's service ?</p>
<p>McBean. No, my uncle had a gun.</p>
<p>Q. Did Login tell you what he wanted a gimblet for?</p>
<p>McBean. No, he did not, till such time as we went down into the hold.</p>
<p>Q. Was any body in the publick house at the time he brought the guns in?</p>
<p>McBean. He brought them in backwards in the evening, there might be some people in the foreroom.</p>
<p>Q. Did he say they were his own, or that he had stole them?</p>
<p>McBean. He told me they were his own.</p>
<p>Q. What is your uncle's name?</p>
<p>McBean. His name is McBean.</p>
<p>Q. How far does he live from the wet dock.</p>
<p>McBean. It is about two miles.</p>
<p>Q. Where had you seen Login before this time?</p>
<p>McBean. I had seen him at two publick houses.</p>
<p>Q. How came you to be so greatly acquainted?</p>
<p>McBean. Because Login is a countryman of mine.</p>
<p>Q. What country?</p>
<p>McBean. Scotland.</p>
<p>Q. Have you been on board vessels in this wet dock before?</p>
<p>
<xptr type="pageFacsimile" doc="175602250007"/>McBean. I have on board Indiamen a great many times.</p>
<p>Q. How many times might you have been in this wet dock before you saw Login?</p>
<p>McBean. It is impossible for me to tell that; I believe more than ten times.</p>
<p>Council. Twenty times?</p>
<p>McBean. I can't tell.</p>
<p>Q. Have you been ten times a year?</p>
<p>McBean. No, sometimes I have not been above once a year.</p>
<p>Q. Did you not lodge at the Old Hob next the dock?</p>
<p>McBean. No. only my aunt and I had some words, and I went and staid there a week once.</p>
<p>Q. Who did Johnson say he sold the 3 gallons of rum to?</p>
<p>McBean. He said, to a man that kept the
<persName id="t17560225-3-person75"> Sarah Galley
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<interp inst="t17560225-3-person75" type="given" value="Sarah"/>
<interp inst="t17560225-3-person75" type="gender" value="female"/> </persName> .</p>
<p>
<persName id="t17560225-3-person76"> Matthew Turnhill
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<interp inst="t17560225-3-person76" type="given" value="Matthew"/>
<interp inst="t17560225-3-person76" type="gender" value="male"/> </persName> . I keep the
<persName id="t17560225-3-person77"> Sarah Galley
<interp inst="t17560225-3-person77" type="surname" value="Galley"/>
<interp inst="t17560225-3-person77" type="given" value="Sarah"/>
<interp inst="t17560225-3-person77" type="gender" value="female"/> </persName> in Poplar; The two prisoners have both brought rum to my house; there was more rum in my house, but who brought it in I know not; there were also 4 pistols and some muskets. I know not who brought them, but the last evidence carried them away.</p>
<p>Q. Did the prisoners use your house?</p>
<p>Turnhill. They did; I once put McBean in my house while I went to London, and what was transacted in my absence I cannot tell.</p>
<p>Q. Did you see the rum measur'd?</p>
<p>Turnhill. I did not; I have seen two flasks in the prisoners pockets.</p>
<p>Q. What did you pay them for the rum?</p>
<p>Turnhill. I paid them 5 s. 6 d. or 6 s.</p>
<p>Q. To whom did you pay it?</p>
<p>Turnhill. I paid it to McBean, it was he that let me have it.</p>
<p>Q. Did you ever buy any of the prisoners?</p>
<p>Turnhill. No, I never did, I have seen them bring rum to my house and put it down on the table.</p>
<p>Q. Did McBean deal in rum?</p>
<p>Turnhill. They came all three together, and I made some of the rum into punch and they drank it; McBean measured it.</p>
<p>Q. How much per gallon did you give him for it?</p>
<p>Turnhill. I did not make a bargain; McBean told me it would be of service to me; I am but a new publican.</p>
<p>Q. How much might the flasks hold?</p>
<p>Turnhill. I believe each held a gill over a quart; they told me I should pay after the rate of 8 s. per Gallon.</p>
<p>Q. When was this?</p>
<p>Turnhill. This was three weeks ago, I believe; they always behaved well when they came to my house.</p>
<p>Cross examination.</p>
<p>Q. Can you tell what quantity they brought?</p>
<p>Turnhill. No, I cannot.</p>
<p>Q. Is there not an allowance on board a ship for a Customhouse officer?</p>
<p>Turnhill. I can't tell indeed.</p>
<p>Johnson's defence.</p>
<p>I brought rum to that man's house at different times, it was what I saved out of my allowance, and did not belong to the ship.</p>
<p>Login's defence.</p>
<p>This man, McBean, being a duffer, he used to go on board these ships; he is always lurking about that place.</p>
<p>Q. to Capt. Campbell. Is there any particular allowance to the Custom-house officers for rum?</p>
<p>Campbell. There is none at all, without we please to give it them.</p>
<p>To Johnson's Character.</p>
<p>
<persName id="t17560225-3-person78"> Henry Smith
<interp inst="t17560225-3-person78" type="surname" value="Smith"/>
<interp inst="t17560225-3-person78" type="given" value="Henry"/>
<interp inst="t17560225-3-person78" type="gender" value="male"/> </persName> . I have known Johnson between 7 and 8 years, he is a very industrious man; I do not believe he would be guilty of this thing.</p>
<p>- Child. I have known Johnson these 7 or 8 years, he always behaved well, and is an industrious honest man.</p>
<p>
<persName id="t17560225-3-person79"> Nicholas Comar
<interp inst="t17560225-3-person79" type="surname" value="Comar"/>
<interp inst="t17560225-3-person79" type="given" value="Nicholas"/>
<interp inst="t17560225-3-person79" type="gender" value="male"/> </persName> . I have known him several years, he is a good officer, a sober honest man.</p>
<p>
<persName id="t17560225-3-person80"> Robert Jennings
<interp inst="t17560225-3-person80" type="surname" value="Jennings"/>
<interp inst="t17560225-3-person80" type="given" value="Robert"/>
<interp inst="t17560225-3-person80" type="gender" value="male"/> </persName> . I live next door to Johnson, he is a very honest man.</p>
<p>For Login.</p>
<p>
<persName id="t17560225-3-person81"> James Caster
<interp inst="t17560225-3-person81" type="surname" value="Caster"/>
<interp inst="t17560225-3-person81" type="given" value="James"/>
<interp inst="t17560225-3-person81" type="gender" value="male"/> </persName> . I have known Login about a year, he is a very honest man, as far as ever I knew, he has done business in my family, and has been trusted in my house.</p>
<p>Eliz. Walding. Login lodged at my house, I have known him between 8 and 9 months, he is a very honest man and behaved very well.</p>
<p>Mrs. Carter. I have known him about 12 months, I never heard his character stained in my life.</p>
<p>
<xptr type="pageFacsimile" doc="175602250008"/>
<persName id="t17560225-3-person82"> Margaret Smith
<interp inst="t17560225-3-person82" type="surname" value="Smith"/>
<interp inst="t17560225-3-person82" type="given" value="Margaret"/>
<interp inst="t17560225-3-person82" type="gender" value="female"/> </persName> . I have known him between 3 and 4 years, he has a very good character, and is reckoned a very industrious, sober young man.</p>
<p>Login
<rs id="t17560225-3-verdict17" type="verdictDescription">
<interp inst="t17560225-3-verdict17" type="verdictCategory" value="guilty"/> Guilty </rs>, Johnson
<rs id="t17560225-3-verdict18" type="verdictDescription">
<interp inst="t17560225-3-verdict18" type="verdictCategory" value="notGuilty"/> Acquitted </rs>.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t17560225-3-defend62 t17560225-3-punish19"/>
<note>[Transportation. See summary.]</note> </rs> </p> </div1></div0>
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