Offence: Theft > animal theft
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EDMUND FEARNLY sworn.
On the 2th of December I had some bullocks put into my charge, and I lost one of them, I recovered it again, and sold it, and it was one that I had marked myself.
HANKEY DICKENSON sworn.
I am a drover to Mr. Fearnley. On Monday the 27th of December I was employed to drive ten bullocks to the market; exactly at six o'clock, I saw the prisoner that morning, at the turnpike gate, in St. John's-street; I had seen him before, I knew him; as soon as he came up, he momentarily looked at me, and then immediately drove this bullock away from me, and hallooed out this ball-faced one; he called out to some of his companions that were near, I don't know who they were; he then drove it through Corporation-row, into Rosamond's-row, and when I was going into Corporation-row, I met it again, with the patrole following it, it then joined my drove again, he then drove it away a second time, I then called out stop thief, the patrole came up to my assistance, and he presented his pistol to him, and it missed fire, or else he would have shot him; the bullock then went clear away through the posts, by the side of the turnpike gate, the prisoner followed him, but we lost sight of him, and then I returned to the others, and took them to market; when I came to St. John's street, there were some people that came up and struck me with sticks, and I was obliged to take shelter in the turnpike house till they were gone, and then I went to my master to the market.
Q. When you had gone to the market, and you and your master had disposed of the other nine, what did you do? - We were told that it was in the roads up at Islington, then I sent my servant, that works for me, for it, and he went and brought it to market, and master sold it.
Q. How long was it afterwards before you recovered it? - About ten o'clock, about four hours.
Mr. Knowlys. You knew this man very well before? - Yes.
Q. You went the next morning to the office in Hatton garden? - The next day we did.
Q. He was there charged with bullock hunting? - We took a warrant out for stealing the bullock from me; I never was at Hatton-garden with him.
Q. Now I ask you whether you was not asked by the magistrates at Hattongarden, whether you believed that they took it for their own use, or for the diversion of hunting? and you said, that you firmly believed that they took it for the diversion of hunting? - I am correct, I never said such a word.
Q. They did hunt this bullock, did not they? - They took this bullock; he drove this bullock away from me.
Q. You know what the practice of bullock hunting is, that they are fined a sum of money for it? was not this bullock hunted? - He drove it away against my will; it was drove away.
Q. You know the distinction, you know what bullock driving is? - Driving them about, I suppose.
Q. Upon your oath had not this bullock been hunted? - Not before he was taken away from me; he was drove about, it you call that hunting.
Q. How was he drove about? - I was not there to see, I lost him.
Q. Was not he hunted as they would hunt a bull to make sort of, woman he very much heated? - I cannot say, I
Q. You had conversation with this man, had not you? - No.
Q. He knew you very well? - He did.
Court. Where does this prisoner live? - He is a shoemaker by trade.
I am the patrole. On the 27th of last December, I was coming down on my duty about six o'clock, coming home I met a number of young men driving this bullock down towards the end of Corporation-row, into Rosamond's row; they seeing me with fire arms and accoutrements, they dispersed and left the bullock, on which I turned the bullock back, and met this last witness, and he asked me where I found the bullock? and I told him, he said the bullock belonged to him, and he begged my assistance; we pursued some of the men, and the bullock ran down towards the other drove, that stood at the end of Corporation-row, whether the bullock joined the drove there I cannot tell; he said he knew one of the men, and he hallooed out stop thief! on which I intended to discharge my piece at him, and it missed fire, and he ran rather too quick for us, and we lost him.
Q. When you discharged the piece was he driving the bullock? - No, he ran away.
Mr. Knowlys. You have seen bullock hunting before? - No; yes, I have seen man paring the bullocks, I don't know what denomination this comes under.
Q. Was you at Hatton-garden when the drover made his complaint? - Yes.
Q. Do you remember any question being put to him by the magistrate, as to what he judged to be the intention of the people that took the bullock out? - He said he wanted a warrant for one Richard Goodwin ; the gentlemen asked how he would have that warrant granted? he said for stealing the bullock away, to apply it to his own private use.
Q. Did the magistrate put any question to him about the intention with which he conceived it was taken? - They said that he was going to take an oath which a thousand people would not take, and they said that they rather thought that he wanted to do it for the sake of the reward, and then he was confused at the time, and there was his master, or somebody spoke, and then there was a warrant granted for apprehending him, on suspicion of taking the bullock away for the intention of hunting.
Mr. Const. You are correct in what you say? - Yes.
Q. Do you know the prisoner? - Yes, I knew his father.
I live in Bath-street, Cold Bath fields; I am a butcher, I have known the prisoner five or six years, I never heard any thing amiss of him in my life; he is a child's pump maker.
Mr. Const. You are a butcher, did you ever happen to buy any bullock of him? - No, I never dealt for any but what I paid honestly for.
GUILTY . Death . (Aged 21.)