Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), January 1761, trial of Thomas Taylor John Russel (t17610116-10).

Thomas Taylor, John Russel, Theft > animal theft, 16th January 1761.

47. (L) Thomas Taylor , and John Russel , were indicted for stealing 12 cod-fish, value 18 s. the property of persons unknown, Dec. 3 . ++

Stephen Boon . The beginning of last month, at several times, Taylor and I brought fish on shore, and Russel had a basket to receive them into it, and then he carried them down into a cellar.

Q. What are the prisoners?

Boon. They are fellowship-porters .

Q. What are you?

Boon. I have been in the capacity of a shorer.

Court. Then you are an accomplice with them?

Boon. I am.

Q. What time of the day was this?

Boon. It was in the morning, before daylight.

Q. Do you know the day of the month?

Boon. No, I do not: I believe it was the beginning of December.

Q. What became of them?

Boon. Russel sold them.

Q. What was done with the money?

Boon. I had share of it, we had two shillings a-piece clear, besides expences: there were several others did the same.

Cross Examination.

Q. Where are the others that used to do the like?

Boon. They are all gone.

Q. How came you to stay behind?

Boon. I don't know.

Q. Was you not taken up for selling of fish?

Boon. No, I was taken up in order to give an account, who it was that stole them.

There being no other evidence of credit to confirm Boon, who owned himself to be a guilty person, they were Acquitted .