case the king against spring and Oakley presumptive evidence be not sufficient  to convict on a charge of piracy post the defendant be try at the old Bailey  upon a indictment for piracy in sink a ship near the isle of man the evidence  be thus spring buy this ship and make the other defendant Oakley master  thereof and have fraught her he insure five hundred pound on the ship and four  hundred pound on the cargo to the Westindies afterward they put to sea and run  the good upon the coast of England they put to sea again modern report er p  and about two day afterward the ship be sink and then he protest at the next  port that both the ship and the cargo be lose the proof against the master be  that the day before this ship be lose he take notice that the ship boat be out  of repair and desire some of the man to stop the chink therein for that be do  not know how soon they may have occasion to make use thereof that the next day  he desire one of the sailor to see how deep the water in the pump be who in a  quarter of a hour before have pump until it be no more than two inch deep but  now to his great surprise find it seven inch deep thereupon be and the rest of  the ship crew begin and continue to pump but still the water become high in  the ship and within halfanhour be fifteen inch high that modern report  thereupon the sailor who first pump and some of the rest of the ship crew  offer to go down into the hold but the master will not suffer any of they to  go down nor any body to be there beside himself and spring who be all the time  below which be prove by the sailor and that the water can not flow in so fast  unless the ship be bear or break in the bottom the proof against spring the  owner be that a day before the ship put to sea he buy a augre which be a inch  and a half wide in the bear that the ship have augres enough before and that  there be no manner of occasion for so wide a augre and that he be under deck  all the time the sailor be pump and as they believe bear the ship but the  evidence be only presumptive against both the defendant they be acquit notam  this differ from mason case post for there the good of another be deliver upon  a special trust to carry to Malaga but here the good be the property of spring  himself and be can not be indict for steal his own good with a intent to  charge another because there must be a felonious take as well as a conversion  now there can be no felonious take because be himself be the owner and in  possession of the good note to the former edition easter term the nine of  George the first in the king bench sir John Pratt Knt chief justice sir  Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland Knt justice  sir Robert Raymond Knt attorneygeneral sir Philip York Knt solicitor general