The Proceedings of the Old Bailey

 

83, 84. (M).   Edward Allen and   Edward Eagle were indicted for stealing one cock, value 5 s. the property of   Alice Beaumont , widow , December 18 +

  William Stone . I live at Mrs. Beaumont's at  Putney ; on the 9th of December I lock'd up the fowls as usual in their roost, next to the kitchen in the dwelling house, and went to bed; about three in the morning I was awaked by a noise. I thought people were getting into the house I went into the next room to listen at the sash window I thought the more I listen'd, the more I heard them. Then I went down stairs and got my gun, which was charged the day before. I open'd the window and made a great noise, but could see no-body. I went down stairs and out at the door. Then I saw another door open which was not lock'd, belonging to a little house where I put my tools; when I suspected somebody had been in the yard. Then I went and found the door of the hen roost broke open, and the staple drawn; the hens and five ducks that where in it the over night were gone. I could trace two mens feet, the one a long, the other a lesser one, in several places.

Q. Was there a cock among the fowls?

Stone. There was a game cock lock'd up amongst them, which also was missing. I enquired about at the cockers, and desired if such was brought to a match to let me know; this cock had been in my custody about three years. About a week after this,   William Phillips came to me, and said, he believed he could tell me something about the cock; we appointed to meet on the Saturday following in Covent garden market, and I was to bring Mr. Castlet with me, who gave my mistress the cock, and knew his private marks, which I did not; we met there, and then went to Newport market to the house of Mr. Randall, who shewed us the very cock. We asked him who he had him of; he said, of   Edw Allen and   Edw Eagle . I went and got a warrant and took the prisoners up, and carried them before justice Manley, where, they said, they bought him of a man whom they did not know. The justice committed them.

  John Randall . I told the last evidence the day when I bought the cock, but I cannot write nor read, nor cannot recollect the day now, but it was within this month or five weeks.

Q. Who did you buy him of?

Randall. I bought him of the prisoner Eagle. The other prisoner was with him.

Q. What did you give for it?

Randall. I gave three shillings and a quartern of gin.

Q. What did they tell you, when they brought the cock?

Randall. They told me it was one of Mr. Swain's sort, who is coachman to the bishop that lives at Chelsea. (A live cock produced in court.) This is the same cock I believe, but one cock may be like another.

Stone. This is the same cock that was taken from our hen roost, my mistress's property.

Q. Is this the same cock you had of Mr. Randall?

Stone. It is.

  James Castlet . This is the same cock that I gave to Mrs. Beaumont, I mark'd him and bred him up.

Sunderlands Wellbank. I saw the prisoners about Putney, within about a quarter of a mile of Mrs. Beaumont's house, on a Wednesday, the day before the cock was lost, which was on Thursday night, or Friday morning; they told me they were going to Wimbleton, to fetch a cock, from a walk there.

Allen's Defence.

I met this man (meaning his fellow prisoner) and asked him what he had got in his bag; he said, a cock and a hen. I asked him where he was going;

he said to Mr. Randall's house, to see if he would buy the cock. I went along with him. When the people sent for me, I went without a constable to several places where they pleased.

Eagle's Defence.

I have a witness here that saw me buy the cock and pay for him. I heard there was a warrant against me for such and such things. I came to them, knowing myself not guilty. I bought the cock and a hen of men that had them in their trowsers, they came into a house where I was, and asked for a lodging, and said they came from Portsmouth.

For the Prisoners.

  George Allen . On Friday night came five sailors. I sell fruit at the door where they asked for lodgings. I directed them into the house, they were entertained there. They asked if they could dress a fowl or two, and pulled them out of their trowsers. I was call'd backward and forwards, they offer'd to sell there fowls to the man of the house.

Q. Where was this?

Allen. This was at the Cock in Thieving-Lane, called Bow-street.

Q. Who did they ask to dress them?

Allen. The maid of the house.

Q. Were the fowls dead or alive?

Allen. They were alive. The maid said, she could not dress them, because the house was very much in trouble, her mistress was dying. After the prisoner found the man of the house would not buy them, he bought two fowls of them.

Q. Which prisoner?

Allen. It was Eagle.

Q. Did you know the prisoner before?

Allen. I did, by his coming backwards and forwards to the house.

Q. Were the fowls dressed afterwards?

Allen. No.

Q. What became of them?

Allen. I don't know.

Q. What colour were they?

Allen. I can't tell.

Q. Did you see them?

Allen. I Did.

Q. Do you know them, if you see them?

Allen. No. I saw this gentleman (pointing to Mr. Stone) there, he saw the skin of the cock that was dressed at the sign of the Cock, he knew it by the skin of it to be his pile cock. I smiled to think a man should know the cock by the skin of it; it was dressed with bacon.

Q. To Mr. Stone. Did you see a skin, and say it was the skin of the cock you lost?

Stone. I know nothing of any cock that was dressed there. I went there, and there was a piece of bacon and some fowl, but no-body said any such thing; and I insist upon it, it was not so.

Q. Are you sure this is the very cock that you lost, that is here?

Stone. I am positive of it, this is the very cock.

Q. To Randall. Was the cock that you bought of the prisoner, alive or dead?

Randall. It was alive.

Q. To Stone. Did you see this witness Allen in that house?

Stone. Upon my word I don't remember I ever saw him in my days before?

Q. Who was there with you?

Stone. Mr. Castlet and three others were there.

Q. To Castlet. Did you see this witness there?

Castlet. I don't remember I ever saw him there, there were no such words mention'd there, as he speaks of.

Q. To Stone. Do, or do you not believe this man was there?

Stone. I believe he was not there, if he had been there I believe I should have seen him.

  Richard Tompson . The prisoner Eagle had been my bed fellow for upwards of a month before this thing happen'd, and I don't know that he lay out, except on guard days, in that time.

(Note, This evidence and Allen were soldiers.)

Q. To Wellbank. What time of the day did you meet the two prisoners?

Wellbank. It might be about two or three o'clock in the afternoon.

Q. To Tompson. Where do you lodge?

Tompson. I lodge in the barracks at Somerset house.

Q. From Eagle to Wellbank. Did you not say if we would stay till five o'clock, you would give us a cock or two of your master's?

Wellbank. No, I never said such a word, he was a fellow servant of mine at a brewhouse, and ask'd me for a pint of two-penny. I said he was quite drunk. When they said they were going for a cock, I said where is your bag. Eagle pull'd out a bag and shew'd it me; everybody that knows him, knows he is always used to do these things.

  Ann Costin . There were five sailors came into our house with a cock and a hen, they would have had me dress them for supper; my mistress was dying I said, and I could not dress them; then they offered to sell them. That man bought them.

Q. What did he give for them?

A. Costin. He gave two shillings, and a full pot of beer.

Q. Where do you live?

A. Costin. I live in Thieving Lane, at the sign of the cock.

Cross Examination.

Q. What sort of poultry were they?

A. Costin. There was a brownish hen and a pied cock, as for the colour I can't tell very readily.

Q. Was it a game cock?

A. Costin. I can't tell.

Q. Can you swear to the cock, was you to see him?

A. Costin. I can't say I can.

Q. What became of the cock?

A. Costin. I really can't tell. I believe one of them was drest, I really can't tell.

Q. Was either of them killed?

A. Costin. I know the hen was kill'd.

Q. Did the soldier eat it?

A. Costin. No, he did not.

Q. Was it drest at your house?

A. Costin. No, it was not.

Q. How do you know it was killed?

A. Costin. I heard them say so the next morning before they went away.

Q. Who said so?

A. Costin. I heard the people say so.

Q. What people?

A. Costin. I can't say any thing of the hen, but as for the cock, I saw it after.

Q. Where?

A. Costin. In this gentleman's hands (meaning Mr. Stone) he said it was his.

Q. When did the prisoner buy them of the sailors?

A. Costin. On the 10th of Dec. being a Friday.

Q. Where did you see the cock afterwards?

A. Costin. At justice Manley's

Q. Are you sure you was there?

A. Costin. Yes.

Q. Was you there at the time the men were examined?

A. Costin. Yes.

Q. Did you see the cock produced there?

A. Costin. I can't say whether it was that cock or not.

Q. Did you see any cock there?

A. Costin. He said the cock was his.

Q. Was it a live cock or a dead one?

A. Costin. A dead one, upon the table.

Q. Was it a live cock that you saw at justice Manley's?

A. Costin. A live one.

Council. Then that was not the same cock you saw at your master's house?

A. Costin. I don't know.

Q. to Stone. Did you see this woman at justice Manley's house?

Stone. I don't believe she was there.

Q. to Castlet. Did you see this woman at justice Manley's?

Castlet. I dare say she was not there.

Q. Where does justice Manley live?

A. Costin. In Queen-street.

Q. What Queen-street ?

A. Costin. In Westminster.

Q. What room was the justice in, up stairs or below?

A. Costin. On a ground floor.

Q. In a back or fore room?

A. Costin. In a fore room.

Eagle. The landlord of the house was here last night, but he is in a little trouble, he was arrested last night.

  Stephen Christopher . I have known Eagle about seven years. I know he did not lay out of the barracks, except he was on duty, for I call'd him over every night for above a month.

Q. to Stone. Did you enquire at the barracks after Eagle?

Stone. I did on the 19th being a Sunday. I saw a great many soldiers, serjeants and corporals. I took care to ask serjeants and corporals after him. They said he had not been there for a fortnight, and that he had thrown up his pay, and left the barracks.

Q. Was any body with you?

Stone. Mr. Castlet was.

Q. to Castlet. Was you with Mr. Stone on Sunday the 19th of December?

Castlet. I was, we enquired after Eagle, we asked every body that we thought would inform us, such as serjeants and corporals. They said he owes a trifle of money here, and has not been here for a fortnight. We were informed he went with drays about, and in general he threw up his pay.

Both Guilty .

The court committed   George Allen and   Ann Costin to Newgate, to be tried for perjury committed on the said trial.

[Transportation. See summary.]