Mr. Rooke stated that he did not witness the theft. Rivers had been in the store two ;or three times on Wednesday. He first offered ! a quantity of tobacco for sale, and afterwards ! came in and created a disturbance. He was ' informed by Mr. Mull that a man was plun ! dering his store : ascertained that the accused ■ was the party, and had him arrested. Rivers i was much intoxicated at the time, and Mr.