7th September 1774
Reference Numbert17740907-31
VerdictNot Guilty; Guilty

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587, 588, 589, 590, 591. (M.) JAMES PERKINS , LAWRENCE FLOOD , SAMUEL NEWSOM , EDWARD FOSSETT , and WILLIAM HIGGINS , were indicted for stealing two live pigs, value 10 s. the property of Frederick Cummins , Aug. 4th . ||

Frederick Cummins . I live in Castle-street, Whitechapel . When I came down in the morning of the 4th of August, at a little after six o'clock, I missed all my men out of the brewhouse; I went to the back door; there I saw them about a house where the prisoner lived; I went up to them; the men told me the people in that house had got some of my pigs; we waited till a constable came; as soon as he came we went into the house; there we found the two pigs dead in the cellar: I am certain they are my pigs; I keep about six or seven. The inhabitants of the house do not bear the best of characters; we could not tell which were the thieves; so we took up all the men in the house; it is a lodging house; Perkins appeared to be the master of it; they were all in the house in different apartments; they all said they did not know any thing about the matter.

Andrew Hatch . I live near Mr. Cummins's, at the back of the house these people were in. I was getting up about six in the morning; I heard the crying of two pigs; I looked out and saw them drive the pigs out of the road way from the brewhouse wall into their own yard; Fossett was the chief man in it; he threw something to the gateway, by which means the pigs followed; Samuel Newsom helped the same as the rest, and Higgins helped to drive them in; I did not see either Perkins or Flood; upon this I gave intelligence to Mr. Cummins's people.

Joseph Williams . I live with Mr. Cummins; Hatch gave me information that he had seen what he has now said; upon which I took several of Mr. Cummins's men out of the brewhouse, and went up to the house; I believe one or two of his men looked down into an open cellar window, and said they saw some pigs there; I went down into the cellar, and found two hogs stuck; one hung up and the other was on the floor.

Samuel Downes . I was present at the search; I found the hogs in the cellar, and a pointer, a fox hound, and a spaniel; the pointer was hanged.

Newsom's Defence.

I keep fowls in this young fellow's yard; in the morning when I got up the pigs were got

into the yard, and broke nine of the eggs; I drove them about the yard and they fell down into the cellar; I asked my master what I should do with the hogs; he said stick them and give them to the poor of the parish, which I should have done if they had not been taken away.

Perkin's Defence.

I was asleep at the time.

Higgins called two witnesses, who said they had seen him drive the pigs out of the yard several times.

Newsom called three witnesses, who gave him a good character.

They called another witness who said he saw the pigs go into the yard that morning of their own accord, and that bearing the prisoners were taken up made him take account of the day.

PERKINS, FLOOD, and NEWSOM acquitted .

FOSSETT and HIGGINS guilty .

[Transportation. See summary.]

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