23rd October 1822
Reference Numbert18221023-54
VerdictGuilty; Guilty; Guilty; Guilty; Guilty
SentenceImprisonment; Miscellaneous > fine

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1541. NICODEMUS DUNN , CHARLES DUNN , JOSEPH DUNN , MICHAEL LEARY , and GEORGE MOSS , were indicted for stealing, on the 29th of September , four live tame geese, price 12 s. , the property of Alexander Fletcher .

JOHN ROGERS . I am servant to Mr. Alexander Fletcher , of Homerton . On the morning of Michaelmas day, about ten o'clock, I went to open a gate, about four miles from my master's house, and saw all the prisoners except Leary, playing at pitch in the hole - they were in my master's field; I ordered them out - they refused to go because my master would not give them a job. I left them, and in about an hour heard a great noise among the geese, which were let out in the field - I went and missed four; I had seen them all safe about nine o'clock. I and my master went and found three of them lying dead - one had its head cut off, and the others were cut in the head - they were in the field. One of them was thrown over the hedge. We took them home, and went to look for the other, and at the end of the path we saw the five prisoners sitting on a gate - they walked round the field; we went on, and the constable took them.

JAMES MORTON . I am a basket maker, and live at Homerton. On Michaelmas day, I was going along the field, and saw two bricklayers before me, and a young man behind me. The path is a thoroughfare, two geese were lying on the right side of the path, and one on the left - I jumped over the fence, and threw them into the footpath. We took them to Mr. Fletcher's house. I saw Rogers in the field; we went to look for the other one - and saw the five prisoners sitting on a white gate, about a quarter of a mile from where the geese were. They walked away; we went back - but the officers called us, and we went after them; I saw them sitting by the side of the river Lea; they walked over the locked gate - we pursued them, and they walked through a branch of the river; it was about up to their knees.

JOHN GARVA . I am a constable. I went after the prisoners, and saw them cross the river. I went through after them. Moss was secured, and brought to us. I knew him before, and am sure he is one of them. There was blood on his coat, and I found a knife on him - he said the blood was with liver, which he went to get for his mother, and put it under his coat.

NICODEMUS DUNN . Q. Did not Moss tell you, Charles Dunn cut off the goose's head - A. No.

COURT. Q. Look at this deposition, is your signature to it - A. Yes.

Q. It says here,

"Moss confessed it, and said that Charles Dunn cut off the heads" - A. Yes, but I understood the prisoner to ask me if I did not tell Moss to say so - he did say Charles Dunn cut the head off.

JOSHUA POTTER . I am a constable. I apprehended all the prisoners but Moss, about a quarter past six o'clock, on the 29th of September. Nicodemus Dunn had a fowl; I found a bloody knife on him, and a box of dominos.

ROBERT PRESCOTT . I was in company with Garva - as we went along, Moss said that Charles Dunn cut the head off one of the geese, and he was frightened, and ran off; that Nicodemus Dunn took the other geese over into the next field.

NICODEMUS DUNN 's Defence. I ran away, because I thought the officers were after me for pitching in the hole, on Sunday.

CHARLES DUNN's Defence. We saw them coming after us, and I walked through the old river, and went to Walthamstow, and picked this fowl up in the forest ready trussed.




Confined One Year .

LEARY - GUILTY . Aged 12.

MOSS - GUILTY . Aged 12.

Fined One Shilling and Discharged.

Second Middlesex Jury, before Mr. Common Sergeant.

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