JOHN DRIVER.
15th August 1836
Reference Numbert18360815-1806
VerdictGuilty > with recommendation
SentenceImprisonment

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1806. JOHN DRIVER was indicted for stealing, on the 27th of July, 1 sack, value 2s.; 1 bushel of oats, value 3s.; 1 bushel of oats and chaff; mixed together, value 1s.; and 50lbs. of tares, value 6d.; the goods of Williams Hobbs, his master.

WILLIAMS HOBBS . The prisoner was in my employ, at Enfield-highway, as a carter, for three of four months—on the 26th of July, I found about a bushel of oats in a sack, under a manger, in one of my stables—it was covered up and tied over very curiously, to be carried away, as I thought—I cut a few bits of paper, and put them in, that I might be sure of it—I then told the constable, and watched, and between eleven and twelve o'clock that night the prisoner went into the stable and fetched the sack out—he put it into his own stable, where his horses stood for a little while, and then he put it on a load of potatoes, which he was going to take to London—he then went back and fetched a bundle of tares form his loft, over his stable, and put them on his cart—he then tied up the sleeves and collar of his smock frock, and put a parcel of mixed corn in it, and put that on his cart, and then he took, besides that, his horses's allowance, his nose-bags, and his bottle-truss—he then turned his cart round and went on to London—I told the officer, who followed him and took him.

Cross-examined by MR. PAYNE. Q. Had you any light when you saw

this? A. It was moonlight—I was about eight yards from him, and saw him distinctly—I allow so much for my horses every day—the prisoner baited them with part of it, this mixed corn—the tares, and oats were not for his horses—I allowed my horses victuals enough to make them look well—I do not think he gave them all that I allowed for them—I found the pieces of paper in the sack when it was brought back—I had known the prisoner all his life—this property is worth about 6s.6d.

JOHN GUIVER . I am a officer. I took the prisoner with this property on his cart, which the prosecutor claims.

Cross-examined. Q. Where did you find it? A. When he stopped with his cart, at the Two Brewers, at Ponder's-end—I asked how he came to do so—he acknowledged taking the tares and what was in the smock frock—he said he knew nothing about what was in the sack—he said he took it for his horses, but he had his nose-bags full, and his bottle of hay besides.

Prisoner's Defence. I had nothing but what I wanted for my horses. (The prisoner received a good character.)

GUILTY .—Recommended to mercy by the Jury— Confined Six Months.


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