2nd April 1800
Reference Numbert18000402-93
VerdictGuilty > with recommendation

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336. RICHARD FIELD was indicted for feloniously stealing, on the 10th of March , nine ewe sheep, value 9l. the property of Samuel Tingey .

The indictment was stated by Mr. Watson, and the case by Mr. Gurney.

SAMUEL TINGEY sworn. - Examined by Mr. Watson. I am a salesman ; I attend Smithfield Market : On Monday the 10th of March, I had some sheep at Smithfield Market, separated into different pens.

Q. Where there any pole ewe sheep? - A. Yes; nine of the lot that were missing; they were penned in a pen by themselves, about eleven o'clock in the day, after which I did not give any body authority to take them away; I sold them to a man of the name of Taylorson; I have not been paid for them.

Q. Is it the custom of Smithfield Market to deliver the sheep before the money is received for them? - A. No; sometime after two o'clock I dis

covered that the nine pole ewe sheep were gone; they were marked over the loins with the country mark; with oker; there was no brand in particular that I observed.

Q. Whose pen of that day was this pen near to? - A. It was near to Mr. Hebb's, opposite to it.

Q. After you had so missed the sheep, did you see any thing further of them? - A. No, I did not.

Q. Did you see any part of them after they were slaughtered? - A. Yes; I saw one skin at Islington; I am sure that that was one of those nine pole sheep that I lost, it was produced by the constable; I saw none of the live ones.

Cross-examined by Mr. Knowlys. Q. I believe the removal of sheep to and from the different pens is conducted by the drovers? - A. Yes.

Q. This young man was a drover? - A. Yes.

Q. This was on the 10th of March? - A. Yes.

Q. Does Mr. Hebb constantly attend Smithfield Market? - A. Yes.

Q. How long after was it that this young man was taken up-was it not a fortnight? - A. Not quite, I believe, I cannot say exactly.

Q. Was not this lad there, in the market, on the Friday following, and the Monday after that? - A. I cannot say; I did not see him.

Q. He carries on the business of a drover under his father and brother? - A. Yes.

Q. And when a purchase is made, the drover is generally directed to what pen he should drive the sheep? - A. Yes.

Q. And then the drover takes them where he is directed? - A. Yes.

Mr. Watson. Q. Was the prisoner employed, as a drover, by you, on the 10th of March? - A. No.

Q. This was on the Monday? - A. Yes; and he was taken on the Saturday in the week following, I believe, but I cannot say.

Mr. Knowlys. Q. At the time he was taken, he was attending at the Police-office? - A. Yes.

Q. Had not a man been taken up before for stealing these sheep, of the name of Filaster? - A. No; he was not taken up, he was only charged with it.

Court. Q. After you have sold sheep, do the drovers remove them from one pen to another? - A. Yes; it is done by my own drovers, and by my own orders.

Q. After they are sold? - A. Yes; to make room for other.

Q. Were these sheep moved by your orders, after they were sold? - A. Yes; by my drover, and Taylorson, to another pen that I had, the same day, opposite Mr. Hebb's; my pens were all fronting of Mr. Hebb's.

Q.Upon your oath, did you not, upon their being lost, actually pay Taylorson for them as Taylorson's sheep? - A. No, I did not.

WILLIAM HEBB sworn. - Examined by Mr. Gurney. I am a salesman in Smithfield: On Monday, the 10th of March, my pens were opposite to Mr. Tingey's; between half past one and two, which we call late in the day, I observed some sheep in a pen which was next to mine, they were small pole-sheep, I supposed them to be Nottinghamshire sheep; I cannot say whether they were ewes or not, as they had no butcher's mark upon them; that is a mark put upon them by the butcher soon after they are bought, I looked upon it that they were unsold; and several butchers asked me the price of the sheep; there was a saint mark upon them, that appeared to have been on for a month or six weeks; it was an oker mark across the loins; they had the appearance of being from eight to twelve sheep, but the particular number I did not notice; about half past one, or from that to half past two, I cannot be particular to half an hour, I had sold four sheep to a person of the name of Worrall; somebody asked me if those sheep opposite mine were mine; I said, no; and in about half a minute after that, I saw the prisoner go into the pen and drive these sheep out; there were a number of drovers about; just at the close of the market it is very common for the drovers to assist in clearing the way.

Q. Have you seen the skin since? - A. Yes.

Q. Was it the skin of one of those sheep that you saw drove out? - A. I cannot swear that; it was like it.

Q. Was Mr. Tingey there at that time? - A. No; I did not see any body there that belonged to him at that time, or after.

Q. Are you quite sure it was the prisoner? - A. Yes, he was a butcher's drover; I had seen him for about six months before it.

Cross-examined by Mr. Knapp. Q. This was done when there were a great number of drovers about, in the open market? - A. Yes; Smithfield is always open.

Q. Every person there must see what he was about? - A. Yes.

Q. The man that was with him was not the prisoner's brother? - A. I do not know that it was.

Q. Is it usual for sheep that are sold to have the butcher's mark put upon them? - A. It is very common.

Q. These sheep had not the butcher's mark? - A. No.

Q. Then if they had been sold to Taylorson, they would have had his mark? - A. It is not a certain rule.

Q. Have you seen the prisoner in the market since that day? - A. No, I have not, to my knowledge.

Mr. Gurney. Q. Before these sheep were driven away, had they any butcher's marks? - A. They

had not; there is one set of drovers to the salesmen, and the other butchers drovers, to drive the sheep to where the butchers live; but the butchers drovers do not assist the salesmens' drovers in removing sheep from one pen to another.

Mr. Knapp. Q. Did you see the prisoner at the Police-office? - A. Yes.

Q. He came there voluntarily, did not he? - A. I cannot say.

Q. Was he standing at the bar? - A. When I was there I saw him standing at the bar, by the side of his brother.

Q. Was he not there to see his brother, who was charged with she offence? - A. I do not know what he came for; I saw him at the bar, and then I pointed him out to the Magistrates.

JOHN ATKINS sworn. - Examined by Mr. Watson. I keep the Goat at Ponder's-end, on the Enfield-road; I am brother-in-law to William Field , the brother of the prisoner.

Q. Did you see the prisoner on Monday, the 10th of March? - A. No, I did not.

Q. Did you see any sheep at your house that day? - A. I did not see any sheep in particular, there was a large drove of sheep there; it might be between six and seven o'clock, or later, on Monday, the 10th.

Q. Were there any sheep stopped at your house all night? - A. Somebody holloaed out from the door to leave some sheep for William Field; I was in the bar; I did not see who it was.

Q. In point of fact, did they leave any sheep? - A. I believe they did; I never saw any in particular, any fasther than a large drove before the bar-window.

Q. How many did the drove consist of? - A. Six or seven score.

Q. How many sheep were left with you? - A. I do not know.

Court. Q.Recollect you are upon your oath, and before a Court that have the power to commit you if you do not speak truth? - A. I do; I was out all day on Tuesday, and did not see any delivered.

Mr. Watson. Q. You take in stocks occasionally there? - A. Yes.

Q. Who paid you for those that were taken in? - A. I never take any money but what is spent in the house.

Q. How much money was taken in the house that night for these sheep? - A. I cannot say.

Q. Did that ever happen to you before? - A.Repeatedly.

Q. Were there any other cattle of any other description that night? - A. There might be, I cannot say; the stable were open.

Cross-examined by the Court. Q. Recollect yourself, and mind what answers you give me; have you ever said at any time, the number of sheep that were left? - A. Not to my knowledge.

Q. Recollect yourself; I will have a positive answer-did you ever, at any time, mention the number of sheep that were left? - A. I did not.

Q. You never did? - A. I do not believe I ever did.

Q. Let me caution you? - A. I have heard people say there were nine sheep, and I may have said so.

Q. Upon your oath, did you never swear that nine sheep were left? - A. I never swore that, to my knowledge.

Q. What, do you swear without knowing what you swear? - A. I never swore it, to my knowledge.

Q. Were you examined before the Lord-Mayor? - A. Yes.

Q. Did you ever say to whom they were delivered? - A. I was not at home at the time.

Q. I ask you upon your oath, whether you did not say to whom the sheep were delivered? - A. No.

Q. Look at that; is that your hand-writing? - A. It is.

Q. You were sworn to that, and you signed it? - A. I signed a paper, but I never saw it, at the Mansion-house.

Q. How could you sign it, if you did not see it? - A. I never read it; they told me to put my name down.

Q. Was it ever read? - A. I do not remember any thing being read particularly.

Q. Will you, upon the oath you have taken, swear that that deposition, taken before the Lord-Mayor, was not read to you before you signed it? - A. No, I will not; they were all read over.

Q. Were you not desired to attend to it? - A. Yes.

Q. Now I ask you again-did you not mention the number of sheep? - A. I cannot say.

Q. I will have a positive answer; did you or not swear before the Lord-Mayor, to the number of sheep? - A. Upon my word I cannot take upon me to say.

Q. I will have a direct answer, or commit you? - A. I believe I said something about nine sheep before the Lord-Mayor.

Q. You were sworn before the Lord-Mayor? - A. Not the last time.

Q. But you were when you signed it? - A. Then I must have sworn to the nine sheep; if I swore there were nine sheep I did very wrong, for I never saw them.

Q. Did you not swear to whom they were delivered? - A. No.

Q. Did you not swear not only that there were nine sheep, but that they were delivered to H

man; recollect yourself? - A. To the best of my knowledge I did not.

Q. That will not do, I will have a positive answer; you shall not escape justice in that kind of way; did you or did you not swear that the nine sheep were delivered to Harman? - A. I could not swear to it.

Q. I ask you whether you did or did not? - A. I cannot say; I might swear it, but I cannot say.

Q. Do you account so little of an oath that you do not take notice what you swear; this was read over to you, and you swore to it, and signed it? - A. Yes.

Q. Then upon your oath do not you recollect? - A. I do not recollect, to the best of my knowledge.

Q. I expect an immediate answer whether you swore that before the Magistrate? - A. I dare say the paper is right.

Q. Then how came you to tell me just now, that you did not know the number of the sheep? - A. I never saw the sheep.

Q. How came you to say there were nine? - A. They told me to swear it.

Q. Who? - A. The Lord-Mayor's clerk, him that wrote it down, told me to swear to what was wrote there.

Q. Did he not take it down from your own words? - A. I was not examined that day at all.

Q. He asked you if what you signed was true, and you said, yes? - A. Yes.

Q. You were examined the day before? - A. Yes.

Q. It was put down upon paper, and read to you the next day? - A. Yes.

Q. Then you had time to recollect yourself? - A. Yes.

Q. You knew the prisoner's voice very well? - A. I have been in his company two or three times; I am very intimate with his brother.

Q. Then it is your practice to take in from any body that comes, any articles they choose to bring? - A. If they say who they come from.

Mr. Shelton reads - "Informant says, that nine sheep were brought to his house at Ponder's-end, late on Monday evening, the 10th of March, and the next day delivered to Joseph Harman."

Q. Is that true, or not? - A. The nine sheep I cannot say; the other part I believe is true; my wife told me they were delivered to Joseph Harman .

EDWARD KINGHAM sworn. - Examined by Mr. Gurney. I am a butcher, at Ponder's-end; I live close to Atkins's house.

Q. Did you see any drove of sheep on Monday the 10th of March, in the evening? - A. Yes; I had to draw some out of them.

Q. How near to the Goat did you see that drove? - A. Between my yard and the Goat; they drove them up there to catch my sheep.

Q. Who drove them? - A. Richard Field, and a man that the Fields employ as a drover.

Q. What is that man's name, do you know? - A. No; I heard Richard Field call out to ask, Atkins to let him leave some sheep there.

Q. Did he say for whom? - A. No.

Q. Where was Atkins at that time? - A. In his bar.

Q. Where was Richard Field at that time? - A. Almost against my door, and the man was with him; he said he might leave them if he pleased.

Court. Q. What number of sheep had he with him? - A. I cannot say.

Cross-examined by Mr. Knowlys. Q. This young man and another man were with the stock? - A. Yes.

Q. The stock consisted of more than nine, I take it? - A. Yes.

Q.Nearer six or seven times nine? - A. I dare say there were.

Q. I take it you did not attend particularly to what was said? - A. No.

Q. William Field is older than this young man? - A. Yes.

Q. Might he not have desired to leave them for William Field , without your recollecting it? - A. He might so, to be sure.

Q. Might it not happen that the man desired them to be left, and not the person now at the bar? - A. I cannot say; I was busy drawing my sheep at the time; I rather think it was Richard, but I cannot be positive.

Court. Q. This bar is adjoining the road? - A. Yes; I saw Atkins through the window; it was candle-light.

Q. Did he open the window? - A. No.

Q. How came you to hear what passed? - A. They spoke very loud.

Mr. Gurney. Q. Did you drive any other sheep out besides your own? - A. No.

JOSEPH HARMAN sworn. - Examined by Mr. Watson. I live at Enfield-highway: I was at the Goat at Ponder's-end, on Tuesday the 11th of March, in the afternoon, about five o'clock, as nigh as I can tell; I went there for nine sheep for William Field .

Q. What sort of sheep were they? - A. Small pole sheep.

Q. Were there any other sheep there when you went for these nine sheep? - A. I did not see any other.

Q. Who did you have them from? - A. Mr. Atkins's horse-keeper, I do not know his name, he has lived at the Goat some time; I see him every day; I drove them to my house.

Q. Did the horse-keeper know you? - A. He must know me from seeing me very often there.

Q. Had you any order in writing for the delivery of these pole sheep? - A. No; only from William Field's word of mouth.

Q.What was done with these nine sheep, when you got them to your house at Enfield Highway? - A.William Field, and Mr. Grover's son, the butcher, came to draw five.

Q. What became of the other four? - A. I killed them.

Q. Had you paid for them? - A. No; nor I did not know the price of them; William Field, and Mr. Grover's son, drove the other five away from my premises.

Q. Were they in Atkins's yard? - A.Atkins's yard is open, they cannot keep any thing in there; they were in a kind of hovel, I look upon it to be a stable, there is a manager in it.

Q. How large is this hovel? - A. As big as this Court is; it will hold, I suppose, twelve or fourteen horses.

RICHARD GROVER sworn. - Examined by Mr. Gurney. I am the son of William Grover , a butcher, at Cheshunt: On Tuesday the 11th of March, I went to Harman's, William Flood went with me, I brought five pole ewe sheep from Harman's; I took them home to my father's, and killed one that night; the next day George Robinson, and his son, came and claimed them.

Q. They were the same that you received from Harman? - A. Yes.

WILLIAM GROVER sworn. - Examined by Mr. Watson. I am a butcher at Cheshunt: I sent my son for five pole ewe sheep from Old Mr. Field's; William Field got up into my cart, on Monday, coming from Smithfield Market; they were claimed by Mr. Robinson, and his son, drovers, for Mr. Tingey; one of them had been killed; I delivered the skin to Robinson's son.

Q. Had you paid for them? - A. No; I was to give the market price.

GEORGE ROBINSON sworn. - Examined by Mr. Gurney. I am Mr. Tingey's drover: My master helped to put some sheep into his pen; there were nine of them, they were marked over the loins, they were pole ewe sheep; I missed them about two o'clock; Mr. Taylorson came and asked me for the sheep; I went down to Cheshunt on the Wednesday, and found five of them at Mr. Grover's, four of them alive, and one dead.

Q. Have you any doubt that they were Mr. Tingey's? - A. I have no doubt about it, I am sure of it; I saw the skin hanging up with the woolly side outwards; it is here, the constable fetched it.

Cross-examined by Mr. Knowlys. Q. The drover is the person who usually takes the sheep out of the pen? - A. Yes.

Q. If your master were to direct you that he had bought sheep in a pen, and desired you to drive them, you would take them out? - A. Yes.

Q. How long have you known this lad in the market? - A. Ever since he was a baby.

Q. He was attending in the market several market days before he was taken up? - A. Yes.

Q. Appearing publicly in the market? - A. Yes.

Court. Q. How many sheep markets have you in a week? - A.Friday and Monday.

Q. When was the prisoner taken up? - A. He was detained at the office the Saturday week after, when he came to see his brother.

GEORGE ROBINSON , junior, sworn. - Examined by Mr. Watson. I am son of the last witness; I assist him as a drover: I went with my father on Wednesday the 12th; we found four pole ewe sheep alive, and one killed, at Mr. Grover's; they were part of some that Mr. Tingey lost.

JOHN SPINNING sworn. - Examined by Mr. Gurney. I am constable of Clerkenwell: This skin was brought to me by young George Robinson.(Produces it).

Robinson, junior. I brought this skin from Enfield.

Tingey. I believe this to be the skin of one of the sheep that I lost.

Robinson, senior. I believe this to be the skin of one of the sheep that was lost; it is marked exactly the same as mine were, and they were all pole sheep.

Court. (To Harman.) Q. What did you do with the skins? - A. I sold them; I am a fell-monger.

Q. After you had heard that they were stole? - - A. No.

Q. Are you sure that they were pole ewe sheep? - A. Yes.

Prisoner's defence. I am entirely innocent of the fact I am charged with.

For the Prisoner.

JOHN PAGE sworn. - Examined by Mr. Knowlys. I am a salesman.

Q. Do you think it possible for sheep to be taken out of the pens in Smithfield by mistake? - A. I think it is possible for them to be taken by mistake.

Q. Do you know the prisoner? - A. He bears an excellent character.

Cross-examined by Mr. Gurney. Q. If a man makes a mistake, what is the next thing he will do? - A. Return them, I should think.

Q. Not sell them, and slay them? - A. No.

The prisoner called sixteen other witnesses, who gave him an excellent character.

GUILTY , Death . (Aged 15.)

The prisoner was recommended to his Majesty's mercy by the Jury, on account of his youth, and general good character.

Tried by the London Jury, before Mr. COMMON SERJEANT.

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