Robert Smith.
21st October 1767
Reference Numbert17671021-39
VerdictNot Guilty

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565. (M.) Robert Smith was indicted for stealing two turkies, value 4 s. the property of John Buck , October 17 . ++

John Buck . I live at Mile-end, and deal in geese and turkies, and keep a public-house; I had twenty-eight turkies in a field at Mile-end , belonging to Mr. Horsenail, on Saturday last; I missed four out of my number; Mr. Martin was drinking at my house, he said he knew who had two of them, that he saw the prisoner take them.

Q. What is the prisoner?

Buck. He is a drover, and drives bullocks; he is up and down, and will live any where.

Q. Did you ever find your turkies again?

Buck. No, I never did.

Charles Martin . I am a servant at the White Horse at Mile-end; last Saturday morning I saw the prisoner at the bar take two turkies out of Mr. Horsenail's fields.

Q. Where was you at the time?

Martin. I was looking out at a window.

Q. How did he take them?

Martin. He took one under one arm, and the other under the other arm, and went out of the field with them; I can say nothing farther.

Q. to prosecutor. When was the prisoner taken up?

Prosecutor. We took him up but yesterday.

Prisoner's defence.

I was going along the fields, I catched up one turkey in my hand, and put it down again, and went on, and never took one away.

Q. to Martin. What time of the day was it you saw the prisoner with the turkies?

Martin. It was between eight and nine in the morning.

To his character.

Mr. Robinson. I am a butcher, I have known the prisoner eight or ten years, he is a drover; all I know of him is, he has drove many a score of bullocks for me, and brought them home safe like an honest fellow.

Ralph Ward . I suppose I may have known the prisoner near seven years; for what I know he is an honest fellow, he lodged at my house half a year.

Q. What is your business?

Ward. I keep a Public-house, where he might have taken a silver tankard, and other things, had he been so minded; he never took nothing of mine.

Acquitted .

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