<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>52.
<persName id="t17951202-53-defend669" type="defendantName"> LOCKEY HILL
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<interp inst="t17951202-53-defend669" type="age" value="44"/> </persName> was indicted for
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<interp inst="t17951202-53-off281" type="offenceSubcategory" value="animalTheft"/> feloniously stealing one gelding, value 10l. </rs> the property of
<persName id="t17951202-53-victim671" type="victimName"> Richard Kirby
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<rs id="t17951202-53-cd282" type="crimeDate">June 5</rs>
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<p>
<persName id="t17951202-53-person672"> RICHARD KIRBY
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<interp inst="t17951202-53-person672" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a
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<join result="persNameOccupation" targOrder="Y" targets="t17951202-53-victim671 t17951202-53-viclabel283"/>; I live at Bicester, in Oxfordshire: I lost a gelding from my ground, near
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<join result="offencePlace" targOrder="Y" targets="t17951202-53-off281 t17951202-53-crimeloc284"/>; the last time I saw it there was on Sunday the 31st of May, about seven o'clock in the evening; I missed it on Monday the 1st day of June; my servant came home that morning from milking, and told me my horse was got out of the ground, and I went about nine o'clock to look for it; I did not see it again till Monday the 23d of November, in South-Mews, in the parish of Mary-le-bonne, in the custody of
<persName id="t17951202-53-person673"> James Chamberlayne
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<interp inst="t17951202-53-person673" type="gender" value="male"/> </persName> , a stable-keeper; it was a brown gelding, about fifteen hands high, with a star in his forehead, remarkable tight made; he is near seven years old; I knew it to be mine as soon as I saw it.</p>
<p>Q. Are you positively sure it was your's? - A. I have not the least doubt upon my mind about it; I had had it about a twelve-month; I come to town every fortnight, and I used always to ride him.</p>
<p>
<persName id="t17951202-53-person674"> LEONARD TWEED
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<interp inst="t17951202-53-person674" type="gender" value="male"/> </persName> sworn.</p>
<p>I am a shoemaker, in Whitechapel; I was recommended to the prisoner to buy a horse, by Bowtell, of whom I had purchased a small poney; I bought this gelding of the prisoner.</p>
<p>Q. Was that the gelding that was stole? - A. I should imagine it to be so; I cannot say.</p>
<p>Q. When was this? - A. Sometime the beginning of June, I think; I did not make a minute of the time; it was delivered to me at a public-house, at the entrance of Hackney; I think it was the Rose-and-Crown, I am not positive; I gave the prisoner ten guineas and my poney, which cost me five, for it, he warranted the horse found; if I hah found it found I was to have given him a new pair of boots; but finding it not found, he never called for them; I kept him near six months; I generally keep one in the summer, and generally sell it in the fall; I sold this horse to Mr. Chamberlayne, about five weeks ago, for 9l. 3s.6d.</p>
<p>Q. Are you sure the gelding purchased of the prisoner was the one you sold to Mr. Chamberlayne? - A. Yes, perfectly sure.</p>
<p>Q. Had you ever seen the prisoner before? -
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<persName id="t17951202-53-person675"> A.
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<interp inst="t17951202-53-person675" type="gender" value="indeterminate"/> </persName> Not to my knowledge; I saw him once after I bought the horse of him; I met him on horseback.</p>
<p>
<persName id="t17951202-53-person676"> Q.
<interp inst="t17951202-53-person676" type="given" value="Q."/>
<interp inst="t17951202-53-person676" type="gender" value="indeterminate"/> </persName> During the time of the purchase and the bargain, how long might you have been in company with him? - A. I dare say it might be better than two hours; we had to go from a public-house, nearly opposite my house, to where the horse was.</p>
<p>Q. Have you any doubt at all that the prisoner was the man that sold it? - A. He is the very identical man I bought it of.</p>
<p>Prisoner. Q. Did I deliver that horse to you? - A. I paid you the money for it.</p>
<p>Q. Did you see me have hold of the reins or bridle? - A. I am not sure whether it was you, or the little man that was with you.</p>
<p>Q. Who was the man that was introduced to you to sell the horse? - A. The prisoner; and I paid him the money; upon my oath, he is the man.</p>
<p>
<persName id="t17951202-53-person677"> JAMES CHAMBERLAYNE
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<interp inst="t17951202-53-person677" type="gender" value="male"/> </persName> sworn.</p>
<p>I purchased a gelding of Mr. Tweed, on a Friday, about a month ago; I gave 9l. 3s. 6d. for it; I delivered it to Mr. Kirby, when he came to claim it, about a fortnight ago.</p>
<p>Q. Are you sure the gelding you delivered to Mr. Kirby was the same you bought of Mr. Tweed? - A. Yes.</p>
<p>Q. Were there no other geldings in your stable? - A. Yes, a black one; but this was a brown one.</p>
<p>EDWARD BOWTELL sworn.</p>
<p>I am a brazier and tinman: I was with the prisoner when he took this gelding out of the field; the magistrate at Bow-street admitted me as an evidence.</p>
<p>Q. (To Tweed.) You cannot tell when it was you bought this? - A. No; I took no particular notice of the time; I thought I had been dealing with a very fair man; as nigh as I can tell, I have had it in my own use nigh upon six months.</p>
<p>Bowtell. I went down to Birmingham with the prisoner, with three horses; I have been there a great many times with the prisoner, with a great many horses that he has stole; in coming back, we called at Bicester, in Oxfordshire; we staid at the Rose-and-Crown, till about nine o'clock in the evening, on the 31st of May; and, as we were coming towards London, at a place called Aylesbury, the prisoner saw this gelding in a field on the left-hand side; there was another horse with it; he got off the horse he was riding, and got over the gate and looked at this horse; he came back again, and said, that will do very well, we will have that: he then mounted his horse again, and rode on till we came to an old barn, the same side the way as this field; we went into that barn, and put our horses into it, and went to sleep till about twelve o'clock; then we took a halter off the horses in the barn, and went back to the field where the gelding was; we lifted the gate off the hinges, and I held it while he fetched the horse out of the field; we left the gate off, we could not get it on again; we brought the gelding with us to the barn, and then we took the saddle and bridle off of one of our horses, and put on this gelding; we brought them all three to London; we quarrelled about who should ride the gelding; I did not like to ride it for fear of being thrown off; he said, I should ride it, and I did ride it part of the way; we took it to the Horse-and-Groom, Hackney-road; it staid there for two days, till the prisoner at the bar sold it to Mr. Tweed; I was present; Mr. Tweed gave me half-a-crown for riding it, and the prisoner gave me half-a-crown.</p>
<p>Q. Should you know the purchaser again, if you were to see him? - A. Yes; he is a shoemaker, in Whitechapel.</p>
<p>Q. How many days after the robbery was it that you sold it to the shoemaker? - A. As near as I can guess, on the Friday, about twelve o'clock; that we took it on Monday the 1st of June, between twelve and two o'clock.</p>
<p>Q. How long have you been a horse stealer? - A. I believe it is as much as between four and five years; I was servant to him.</p>
<p>Q. But you were in the secret that they were stolen? - A. Yes; I used to go with him; sometimes he would give me two guineas and a half for taking a horse one hundred miles; and sometimes five guineas, but never more, if he sold it for fifteen; he dealt with a man in the country, a dealer.</p>
<p>Q. Did you never steal any on your own account? - A. No; the man that dealt with him would not deal with me; there are a great many more horses in town now; that he has brought up here.</p>
<p>
<xptr type="pageFacsimile" doc="179512020080"/>Q. How came you to come forward as a witness; were you taken up for stealing this horse? - A. No; for stealing two cart-horses that we took from a field near Worcester; he came from that part of the country; he sold them at Edgeware; and the man agreed to pay for it on Wednesday morning; he sold one, and I sold the other to a farmer; the prisoner and I were to meet the two men, on the Monday, at Smithfield.</p>
<p>Prisoner. Q. I wish to know whether he has any witness that ever saw me and him together when he stole any horse? - A. He and I have stole some scores; I have got a list of them, my Lord; here it is (producing it).</p>
<p>Q. (To Tweed.) Look at the last witness. - A. He is the man I bought the poney of; he recommended me to the prisoner; he came to buy a pair of boot-tops of me, and seeing my saddle hanging up, he asked me if I wanted to buy a horse.</p>
<p>Q. Did you give him half-a-crown when you bought this horse? - A. Yes? for recommending me to the prisoner; the back of him was in a shocking condition; he took the saddle off my poney, and put it upon his back, to deceive me, or else I should not have bought it.</p>
<p>Q. Was it the Horse-and-Groom, at Hackney, that you went to? - A. No; the Rose-and-Crown; but the horse was not there; I waited near half an hour, while the horse was fetched; they might get it from the Horse-and-Groom, for any thing I know; I understood it was the prisoner's house; I bought it of the prisoner.</p>
<p>Q. (To Bowtell.) Is that the person who bought the horse? - A. Yes.</p>
<p>
<persName id="t17951202-53-person678"> ARCHIBALD RUTHVEN
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<interp inst="t17951202-53-person678" type="gender" value="male"/> </persName> sworn.</p>
<p>I am an officer: On the 12th of October an information came to the office in Bow-street, I and some more officers were sent to the Raminn, in Smithfield, where we apprehended the prisoner and Edward Bowtell; we brought them before Justice Addington; they refused to give any account of themselves; and he committed them both to the house of correction; there were two horses at that time at Edgware, which I serched up; that is all I know about it.</p>
<p>Q. (To Kirby.) Where is your field; is it situated as the accomplice describes, on the left-hand side of the London road? - A. Yes.</p>
<p>Q. Is there a barn near it? -
<persName id="t17951202-53-person679"> A.
<interp inst="t17951202-53-person679" type="given" value="A."/>
<interp inst="t17951202-53-person679" type="gender" value="indeterminate"/> </persName> There is, about half a mile beyond my ground, nearer Aylesbury, on the same side of the way.</p>
<p>Q. How did you find your gate the next morning? - A. I only know of that from what my servant told me; when I saw it, it had been put on again.</p>
<p>Prisoner's defence. - My Lord, I have no counsel to aid and assist me; I hope I shall have one in you: I am a musical instrument maker; Mr. Thompson, in St. Paul's church-yard, and Mr. Longman, of Cheapside, were here yesterday, to give me a character, but they are in a great way of business, and they could not wait.</p>
<p>Q. (To Kirby.) What is the value of your gelding? - A. About 20l. or 22l.</p>
<p>
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<join result="defendantPunishment" targOrder="Y" targets="t17951202-53-defend669 t17951202-53-punish286"/> Death </rs>. (Aged 44.)</p>
<p>Tried by the second Middlesex Jury, before Mr. RECORDER.</p> </div1></div0>
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