John Burgoine , Esq; We had had the distemper amongst the horned cattle, and I being in the commission of the land-tax, on the 24th of March last I saw some cattle driving along in a lane. I took my horse and rode to them to know where they were going, there was the prisoner and another man; the prisoner told me they had left their certificate behind them; I said, where? they said, at Edgware; I said, I must know how you came by them; finding he began to hesitate, I said, you stole them; then the prisoner jumped over a five-bar-gate and away he ran.
Q. What cattle were there?
Burgoine. There were three heifers and a black mare; I jumped my horse over the ditch and rode after him, he fell into a ditch and was intangled with the briars; I took him by the collar and said, I would rip him up if he did not surrender, he surrendered; I took his handkerchief from his neck and tied his hands behind him, and brought him to the other person, whose name was Lloyd, the prisoner then declared Lloyd was innocent. I mounted the prisoner on the horse and brought him down to Edgware, and then charged him with stealing the mare, he owned he stole her and the three beasts, and that he had hired Lloyd for certain wages to go with him and help to drive the cattle; he told me also what part of the Chase he stole them from, which was by Winchmore-hill, near where the men hang in chains; the mare was with foal.
Q. to prosecutor. Was the mare you lost with foal ?
Prosecutor. She was forward with foal.
Burgoine. The prisoner owned to me he had borrowed a bridle and saddle of a person in London; I asked him whose mare it was? he said he could not tell; that he catched the mare and put the bridle and saddle on her between seven and eight o'clock on the Sunday-night; that they had passed the cattle to go to the mare, and then they brought the mare up to the cattle, and he said these are my three beasts; he was taken before the justice and there confessed the whole and signed it, this is it (producing it) I heard it read to him before he signed it; he signed it voluntarily and free.
It is read to this purport:
Middlesex, to wit. sawyer.
'' The said William Darlow being brought before '' me by John Burgoine , gentleman, on '' suspicion of having stolen three heifers and a '' black mare, he voluntarily confessed, that on '' the 23d of this instant March, about eight in '' the morning, he went to John Lloyd , and '' asked him to go with him to Enfield-chase, '' and help him drive some bullocks to a fair; '' for he wanted to pay some money where it was '' due, and he would pay him for his time; and '' he brought a saddle and bridle from Goswell-street, '' and they went to Enfield-chase, where '' they caught a black mare, and put the saddle and '' bridle on her, and drove three hiefers from off '' the chase, with intent to sell them; and they '' were stopt about eleven o'clock in the forenoon, '' in the parish of Great Stanmore. And '' this examinant farther faith, that John Lloyd '' did not know but the mare and three heifers '' were his own.''
Q. Was any body with you when you first saw the prisoner and the other man together?
Burgoine. No, I was alone.
Q. Where is the other person?
Burgoine. He was discharged.
Q. Did the prisoner seem to be under any dilemma? Was he sensible, do you think?
Burgoine. Quite reasonable. When he came to the constable's house, he would not eat; he said he had eat his last.
Q. Did he at first own he had stole the mare ?
Q. Had they brought the beast far ?
Burgoine. They had been travelling all night with them, and came all the bye-ways they could.
Q. Did he appear to be in his senses ?
Readwood. He was in his senses.
Q. Was you with him before the justice?
Readwood. I was; he owned the same there.
Q. Where was you charged with the prisoner?
Readwood. In my own house.
Q. Did he own it at first ?
Readwood. At first he said little or nothing.
Q. Did he appear to be under any condition of insensibility at all?
Readwood. No, he did not.
I am very innocent of it; the young man that was along with me came to me on the Friday in the afternoon, the 24th of March, where I work, and begged of me to let him have a little money, saying he was starving. I told him I had got none. He wanted me to borrow some of my master; I said no, I could not, I owed him some, and wanted to pay him. He said he had been out of place a great while; he told me he had got some heifers at Enfield-chase, and a mare, and desired I would go along with him, and he would pay me the rest of the money he had borrowed of me before; he would sell them, and put himself into service, saying he could have a very good place in Cheapside if he had but some cloaths, for he was not fit for service without; and he went that afternoon to Smithfield, to know what fair there was in the country; he came and told me there was some fair in the country about forty miles off. I went to a chandler's shop, there we had a three-penny loaf, and half a pound of cheese; he said he had no saddle, and desired me to borrow him one, and told me where to call upon him. I did, and we went to Enfield-chase; he bid me go to the sign of the Black-bull, a public-house, and get a pint of beer, and he would go and call upon his friend that kept the cattle for him; he went and returned in about an hour.
To his character.
Edward Lowe . The prisoner has worked for my father upwards of six years, as a sawyer; my father is a hard-ware and ivory-turner; he continued to work with us till within this three weeks. I never saw him fuddled once in the six years; he has been trusted to receive twenty pounds at a time, and brought it home safe.
William Jennings . I have worked with Mr. Lee twenty-four years; I have known the prisoner ever since he worked with him, he always bore the character of an honest man; he would sooner work half a day to get a shilling, than go to play half a day.
William Lowe . I am brother to the prisoner's master, and have worked with my brother eighteen years, and have known the prisoner ever since he came there, during which time he has bore an exceeding good character; he would hardly drink a pint of beer, if he was asked so to do; he has been trusted to bring things of value to me, and I always received them safely.
William Lowe . I am son to the prisoner's master; I believe hardly a man could come up to the prisoner in hard working. My father has trusted him with many pounds together, and he never wronged him. He is a very sober fellow. I never saw him drink a pint of beer.
Guilty , Death .