William Drinkwater and Samuel Hoy , of St. Dunstan's Stepney, were indicted for feloniously stealing 1300 lb. of Tobacco, value 50 l. the Goods of Persons unknown, in a Ship call'd the Burwell, the 31st of August last.

John Tostick depos'd, That there was an Agreement on board the Ship Burwell, Constantine Kent Master, from Virginia, among the Prisoners, the 1st and 2d Mate, the Boatswain, Gunner, and Captain's Servant, to stock, i.e. to take Tobacco out of the Merchants Hogsheads, to sell it, and to share the Money among them, it having been said, it was an old Custom so to do; that they opened the Heads of those Hogsheads that were easiest to come at, took out 30 or 40 lb. out of a Hogshead, headed them up again, carry'd it on shore, and sold it, and shar'd the Money equally among them; that he, this Evidence went on shore, sold the Tobacco for 6 d. per Pound, receiv'd the Money, and paid it to the rest aboard, every Man his Share, and that Hoy also did receive Money, and paid the other Men their Shares.

Joseph Hodges depos'd, That he was boarded on the Ship Burwell in July, that it came afterwards to Limehouse; that they said it had been a Custom on board that Ship to stock for the good of the Officers; that after this, Mr. Drinkwater, the Prisoner, told him, he desir'd to go down with Tostick; that afterwards he came up, and said he had work'd hard, and the Tobacco was handed from the Skuttle to the Forecastle, and thence into Boats; that Drinkwater and others handed it out of the Hold, and went on shore to sell it, and when he came back, said, he had sold it for 6 d. per Pound, and paid him, this Evidence, his Share, and some other Persons theirs; that Samuel Hoy also went down, made up a Quantity of Tobacco, and when he came up, said, he had work'd hard; that it was put into a Boat, and they went with it, and when he came back, said he had sold it for 6 d. per Pound, gave the 5 Officers and 6 of the Ship's Crew, each Man his Share. The Prisoners call'd a great many Persons to their Reputation, who depos'd, They had known them many Years; that they had born an honest Character. The Fact being plainly prov'd, the Jury found the Prisoners guilty to the Value of 4 s. and 10 d. each.