16th May 1833
Reference Numbert18330516-137
VerdictGuilty > with recommendation

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1021. ROBERT SMITH was indicted for stealing, on the 4th of March , 1 sheep, price 2l. 5s. , the property of James Lee .

MR. LEE conducted the Prosecution.

JAMES GORDON . I am in the service of Mr. James Lee. On the 4th of March, I was in Smithfield with thirteen of my master's sheep; the prisoner came and said he wanted thirteen sheep for Titmus; they were to be in my master's pen till Titmus's man came for them - I had known the prisoner before; he is a drover - I delivered him the sheep; there was a cross down their necks; they were half-bred sheep, between Down and Norfolk - the prisoner took them away, and six other from another pen.

EDWARD LANGLEY . I am in the employ of Mr. Titmus, a butcher, of Henry-street, Pentonville. I know Thomas Wood, he is in the prosecutor's employ - on the Monday in question, he brought to that place, thirteen sheep, and six; the thirteen were Down and Norfolk, and the six were another sort - the thirteen were marked with a cross on the back - Wood came the next morning and asked if there was a sheep left wrong; I said there was one more than my master's number, but we did not see any difference in them - the prisoner, came about three o'clock in the afternoon, and said he came to see if there was an odd sheep belonging to Mr. Kimber - my master had bought but twelve, and thirteen came home - we pointed out a sheep to him, which he took away between eight and nine o'clock that evening - he did not make any particular remark in the evening, but said he came for the sheep; he put it with some other which he had outside the door; he said it was Mr. Kimber's.

THOMAS WOOD . I was in the prosecutor's service, I took thirteen sheep; and six to Mr. Titmus's with a lot of Mr. Kimber's.

DANIEL TITMUS . I am a butcher. I bought twelve sheep of Mr. Matthew on the 4th of March - they were in the pen at Smithfield; we gave a boy a halfpenny to

mark them - when I got home that evening I asked my man how many sheep had come home, he said nineteen, I said that was wrong, and told him to turn them out, which he did, and there were nineteen - one was a different breed, and I said "Don't kill that one."

Cross-examined. Q. Did you know the prisoner? A. Yes, he is a drover; I have always employed him in preference to others; it is usual for mistakes to occur in the market.

MR. LEE. Q. Did you direct the prisoner to fetch this one sheep from Mr. Titmus's? A. No, I did not.

ROBERT KIMBER . I am a cattle dealer - on the 4th of March, I purchased forty-nine sheep, and employed the prisoner to take them to my premises; I am told he took forty-nine there.

Cross-examined. Q. Do you know the prisoner? A. Yes; and have employed him for some time; I always found him to be honest; I have entrusted him with thousands; I know Smithfield-market well; mistakes may occur in driving sheep.

JOHN MURPHY (Police-constable G 215). I took the prisoner on the 17th of April - he said it was very hard, but if he only got a week he should be able to account for the sheep, by sending to the country, and he either mentioned Shrewsbury or Salisbury - I found on him this bill for killing a sheep; he was tried here last session.

Cross-examined. Q.Was he not acquitted? A. Yes, and he said it was very hard he should have this charge against him.

JAMES CRITCHER . On the 4th of March, Mr. Titmus came to me and asked the price of a lot of sheep, there were twelve of them; I sold them to him - the prisoner came for Mr. Titmus's sheep, and I delivered thirteen to him; on the following week I said to Mr. Titmus"There were thirteen sheep went home to your house," the prisoner said "No, no, there were not, one was Mr. Kimber's."

ROBERT RYMELL . I was in the service of Mr. Kimber- on the 4th of March, forty-nine sheep were brought to him; I was not at home when they were brought; but I counted them three times over the next morning, about nine o'clock.

Cross-examined. Q.Are you sure it was on the 4th of March? A. Yes; sheep are generally brought home on Monday - I am sure it was the 4th of March.

JAMES LEE . I had the prisoner apprehended on the 17th of April; I know nothing of the transaction but from Gordon - I have known the prisoner many years, he was employed as a drover.

COURT. Q. The sheep was sent to Titmus's? A. Yes, it was my sheep in my pen, it ought to have been sent back to me.

Prisoner's Defence. It is a mistake altogether - when I went to Mr. Lee's man for the sheep, I asked for twelve, but he delivered thirteen; the other sheep belonged to Mr. Kimber, it was put into his drove and sold.

MR. TITMUS. The sheep was returned to the prosecutor Lee, on the 5th of April, I was not at home at the time.

MR. KIMBER. I did not receive any sheep on the Tuesday evening.

Prisoner. Mr. Kimber's field is in the New North-road - I delivered forty-eight there on the Monday; then I went and got the other sheep, and took the whole forty-nine to him at Southall.

MR. KIMBER. I have a field and a shed in the New North-road - I live at Southall.

ROBERT RYMELL . I counted forty-nine on the Tuesday morning in the New North-road.

Mr. Dewsnep, a cutler, 8, Castle-street, Clerkenwell, gave the prisoner a good character.

GUILTY . Aged 37. - Recommended to Mercy.

Transported for Life .

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