JAMES SHAMBROOK.
24th November 1851
Reference Numbert18511124-33
VerdictNot Guilty > unknown

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33. JAMES SHAMBROOK , stealing 6 bushels of oats and chaff, mixed, and 42 lbs. of hay, value 9s. 6d.; the goods of John Nicholls, his master.

MR. BIRNIE conducted the Prosecution.

JAMES BRIDGES (policeman, N 372). On 27th Oct. I was on duty at Ponders'-end, between 1 and 2 o'clock in the morning—I saw the prisoner come into Mr. Nicholls's, his master's, yard—he went in the stable where his horses were standing—he might be in there from twenty minutes to half an hour—I then saw him come out of the stable, and go up the granary stain—he then returned with a sack on his shoulder, which appeared to have a bushel of corn in it—he took that in the stable and went back and up the granary stairs again, and came down again with about the same quantity—he took that in the stable, and came out and went up in a loft where there was some hay, and I saw him throw out a great bundle of hay out of the loft window into the yard—he then went in the stable, remained there a short time, and came out, and brought out something in a sack and placed it on his cart—he then went back, brought out the horses, and put them in the cart; and as he was going through the yard, he stopped and took up this hay—he left the yard a little before 4 with his cart and two horses—he came up the ride into the main-road—I and my brother constable followed him; my brother constable stopped him—I searched the cart, and found a sack containing oats and chaff, and another sack with about a bushel of oats and chaff in it, and two nosebags, and about forty-two pounds of hay—the two sacks contained about five bushels of oats and chaff mixed—I took the prisoner back and called up the steward—I asked him if the prisoner had any business with so much oats and chaff and hay—he said he had got a great deal more than he had any business with—I asked the steward if he had any business up the granary stairs—he said no, he had no business at all—I asked the steward about his allowance, and he said they were allowed a peck a day—I went into the stable and found the oat-bin locked—the steward said the prisoner had the key—I asked the prisoner for it, and he gave it me—we unlocked the bin—there were about six bushels of corn in it—I asked the steward if he had any business with so much—he said no, he gave him some oats on Sunday—I found some oil-cake and some beans—I locked the bin and took the prisoner away in custody—that was on the Monday, and on Wednesday Mr. Nicholls came down, I went to the stable with him, and found the staple of the bin had

been drawn—I have got what I took from the prisoner now in Court—here is about five or six bushels—these sacks were lying in front of the cart, against the other sacks of potatoes—when the steward said it was more than he had a right to, the prisoner said, "It is no more than they ought to have; if I have more I bring it back"—the steward said, "I never saw you bring any back"—the nosebags contained about one peck each.

Cross-examined by MR. PARRY. Q. This was at 4 o'clock in the morning? A. Yes; the prisoner was going to market—I know the prisoner—he gets back the same afternoon at 3 or 4—I found this corn on his master's premises—he takes up potatoes to market—this sack was not concealed; it laid up in his cart with the other sacks—there was nothing over it—he might have gone nearly a quarter of a mile before he was stopped—at that time he went away every morning—I know him very well; he has seen me several times of a morning.

HENRY HAYES (policeman, N 349). I was with the last witness—I have heard his statement—it is quite correct—we were both in the yard—I went into three stables—there were about six bushels of corn in the prisoner's bin.

Cross-examined. Q. Does the prisoner know you? A. Yes, very well, I believe; he knew me to be on duty at that part—he has seen me at 4 o'clock in the morning.

COURT. Q. How long have you known the prisoner? A. I should say these ten years.

RICHARD BARRETT . I am foreman to Mr. John Nicholls, of Ponders-end. On that Monday morning I was called up at 4 o'clock—I went with the officers to the yard-gate, and saw the prisoner and his two horses and cart loaded with potatoes standing outside the gate—I did not know that the policemen were on the premises that night—I saw the hay and corn and chaff—I allow the prisoner a peck of oats a day, and they have as much chaff as they can eat—that is a very good allowance—on the Saturday I had given out the usual allowance to the prisoner, a bushel and a half for three horses for two days—he was to have gone to Spitalfields Market and to the dairy at Islington that morning—I told him he had got almost half as much again at he ought to have—the policeman opened the bin in the stable, and I was surprised to see so much corn—the prisoner said he had saved it, he did not feed his horses always alike, they had plenty of grains—they have what grains they like to bring from the dairy when they go there.

Cross-examined. Q. How long has the prisoner been in your service? A. I think it was last Feb.—I have known him seven years—he has always borne a good character—he has been out on bail—I did not get the police to watch.

COURT. Q. Did you give him in charge? A. Yes; the policemen said they should take him in charge, and I said, "Very well, you must take him;" and I sent another man to London with his horses—I do not suppose there was a peck and a half of oats in the sack—in the sacks and the nosebags there was about two bushels—that was what he ought to have had, but he should not have had so much chaff.

NOT GUILTY .


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