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<p>269.
<persName id="t17850112-66-defend728" type="defendantName"> DAVID BRATHWAITE
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<interp inst="t17850112-66-defend728" type="gender" value="male"/> </persName> was indicted for
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<interp inst="t17850112-66-off348" type="offenceSubcategory" value="grandLarceny"/> stealing, on the
<rs id="t17850112-66-cd349" type="crimeDate">27th of December</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17850112-66-off348 t17850112-66-cd349"/> last, seventeen shillings, and eight-pence half penny, in monies numbered </rs>, the monies of
<persName id="t17850112-66-victim730" type="victimName"> Thomas Norton
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<p>
<persName id="t17850112-66-person731"> THOMAS NORTON
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<interp inst="t17850112-66-person731" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
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<join result="persNameOccupation" targOrder="Y" targets="t17850112-66-victim730 t17850112-66-viclabel350"/>; I went into a public house, the prisoner was there, the 27th of December, I went after my Christmas-boxes, about eleven or twelve I set down and was rather sick and comical, rather in liquor; and I found my bag go out of my pocket, I cannot say but I had been drinking a good deal that day; I do not know justly what was in the bag, I can swear to more than five shillings, and I can swear to the bag; I found it go out of my left hand pocket.</p>
<p>The PUBLICAN sworn.</p>
<p>I keep a public house in
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<join result="offencePlace" targOrder="Y" targets="t17850112-66-off348 t17850112-66-crimeloc351"/>; on the 27th of last month, the prosecutor came into my house about a quarter before eleven, I imagine led in by one of his companions, very much in liquor, so that he could scarce speak; he sat down in a box and one of the women that is about, said there is a man with a bag of money in his hand, I fancy he will lose it, it is untied; I was busy, but I told him to put his money in his pocket, he put it into his pocket, but which pocket I cannot say on my oath; I went into my bar, and in the space of three or four minutes I heard the money fall about the tap-room, I went out and desired him to pick up the money, and the sailor who stood by as I knew to be a very honest man, picked it up and put it into the bag; after which he insisted on having it again, he took the bag and held it in his left hand, I persuaded him to let me have it till he was sober; I saw the prisoner eye the man very much, I kept my eye on him, the prosecutor had his money in his left hand behind him in my opinion, I do not think he put it in his pocket; then the prosecutor began to cast and heave in a violent manner, then I believe he fell asleep; in about five or six minutes after I went into
<xptr type="pageFacsimile" doc="178501120090"/> the tap-room, and I saw the prisoner crawling from underneath the table, I immediately asked him what he had got in his hand behind him, he set on the seat, and said what is that to me, or something to that purpose; I told him he had got the man's money, he said he would not give it me; I said, then soldier fetch an officer, I sent for an officer, and in the mean time the soldier was gone for the officer, he gave me the money, and said he picked it up.</p>
<p>Court. He might pick it up might not he? - Indeed to tell the truth, I believe he might, for the man was so much in liquor I do not believe he was capable.</p>
<p>Court to Jury. There is no pretence to charge the man with this, the prosecutor was so drunk.</p>
<p>Court to Prisoner. Be more careful for the future, let this be a caution to you.</p>
<p>
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<interp inst="t17850112-66-verdict352" type="verdictCategory" value="notGuilty"/> NOT GUILTY </rs>.</p>
<p>Tried by the second Middlesex Jury before Mr. Justice HEATH.</p> </div1></div0>
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