28th May 1800
Reference Numbert18000528-57

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396. WILLIAM FIELD was indicted for feloniously receiving, on the 10th of March , nine ewe sheep, value 9l. the property of Samuel Tingey , whereof Richard Field was, at the last session, convicted of stealing.(The indictment was stated by Mr. Watson, and the case by Mr. Gurney.)

Mr. John Edmunds produced the copy of the record of the conviction of Richard Field , at the last sessions, from Mr. Shelton's office. (It is read.)

SAMUEL TINGEY sworn. - Examined by Mr. Watson. I am a salesman , in Smithfield-market: On the 10th of March, I had four hundred sheep there, there were nine pole ewe sheep, separated from the rest, after they were sold to one Mr. Taylorson.

Q. Had they been paid for? - A. No.

Q. Had they been delivered to Taylorson? - A. No, they are always paid for on delivery; I saw them last between one and two o'clock, I after wards saw the skin of one of them.

Q. Was the pen in which they were inclosed, opposite Mr. Hebb's? - A. Yes.

Cross-examined by Mr. Knowlys. Q. You had sold these sheep to Taylorson? - A. Yes.

Q. How much had you received to bind the bargain? - A. Not any thing.

Q. You never received any money on his account? - A. No.

Q. Do you not consider yourself liable to make up to Taylorson the loss of these sheep? - A. No.

JOHN ADKINS sworn. - Examined by Mr. Gurney, I keep the Goat, at Ponder's-end, eight miles and a half from Shoreditch, the prisoner married a sister of mine.

Q. Did you see him on the 10th of March last? - A. No.

Q. Did you see Richard Field ? - A. Not to my knowledge.

Q. Was any request made to you on that day, respecting sheep, by any body? - A. Yes, to leave some sheep.

EDWARD KINGHAM sworn. - Examined by Mr. Gurney. I am a butcher, at Ponder's-end; on the evening of the 10th of March, I was drawing some sheep out, Richard Field was with them, the brother of the prisoner.

Court. Q. Was he the man that was convicted at the last sessions? - A. Yes.

Mr. Gurney. Q. How far were they from the Goat? - A. They were close to the Goat.

Q. Did you hear Richard Field say any thing to Adkins? - A. I heard him call out to Adkins to let him leave some sheep there; I cannot say what time it was, it was about the dusk of the evening; Adkins said, he might if he pleased.

Q. Did Richard Field say who they were to be lest for? - A. Not to my knowledge; Adkins was in the bar at the time.

Q. How near were you to Richard Field? - A. I was as near to him as I am to you.

Q. Were any sheep left there? - A. I cannot positively say.

Cross-examined by Mr. Knapp. Q. There was a conversation about sheep, whether they were lest there or not, you cannot say? - A. No.

Q. Do you mean to swear that Richard Field was the man that called to Atkins? - A. Yes.

Adkins called again. Examined by Mr. Watson. On the 10th of March, a man applied to me about six o'clock, it was candle-light; I was in the bar, the man was at the door; between the butcher's shop and mine, there is a lane goes up, he asked to leave some sheep for William Field ; I told him he might, and he did leave some.

Q. How many, in point of fact, did he leave?

- A. I never saw them, I have been told there were nine.

Q. You were examined before the Magistrate? - A. Yes, at the Mansion-house, and at Hatton-garden.

Q. What you said upon that occasion was taken down in writing, was it not? - A. I believe so, I saw the clerk writing all the while.

Q. Did you sign any paper upon that occasion? - A. Yes, I did.

Q. Was that read over to you? - A. I could not hear it distinctly.

Q. And you swore to it? - A. Yes.

Q. Upon your oath, how many sheep were there? - A. I never saw the sheep.

Court. Q. You have sworn to the number before the Lord-Mayor? - A. I never saw them, it is an impossibility for me to swear how many there were.

Q. What became of you the next day? - A. I went out in the morning, and was not home till the evening.

Q. Where were these sheep lodged? - A. In a stable upon my premises.

Q. How came you to know that they were lodged there? - A. Because there was no other place for them.

Q. Were you ever paid for these sheep? - A. Not a farthing.

Q. Are you in the habit of taking in sheep without any money? - A. Yes.

Q. And without spending any money in your house? - A. Frequently; it is customary to come in.

Cross-examined by Mr. Knowlys. Q. Do you know, of your own knowledge, that they were actually left there? - A. I never saw them.

Q. And therefore, of your own knowledge, you do not know that they were there? - A. No.

Court. (To Kingham) Q. You heard somebody call to the man of the house to leave some sheep - where was the man of the house? - A. In the bar.

Q. Does the bar look into the road where the sheep were? - A. The bar looks into the road, but the sheep were up the lane, he could not see.

- HEBB sworn. - Examined by Mr. Gurney. On Monday the 10th of March last, I had some pens opposite Mr. Tingey's; there were sheep in across the loins, with oker; I saw them at eleven o'clock in the day, I saw them several times between eleven and one; I think the last time was between one and two; the butchers frequently asked me the price of them, which led me to look at them to see if they were mine; Richard Field and another person came to the pen, and drove them out of the pen into the alley, and drove them away, for any thing I know, for I saw no more of them; I have seen a skin since in Court here, but I never saw the sheep again.

Q. Was that skin like those that you saw? - A. It is impossible for me to swear with certainty, I cannot tell.

Q. At the time Richard Field drove the sheep away, was Mr. Tingey there? - A. No.

Q. Nor any of his servants? - A. No; there was a servant of his a minute or two before.

Q. What was Richard Field? - A. A butcher's drover.

Q. Suppose they are not sold to a butcher, has the butcher's drover any thing to do with them? - A. No, a salesman's drover.

Q. What was William Field? - A. A butcher's drover also.

JOSEPH HARMAN sworn. - Examined by Mr. Watson. I am a butcher at Enfield-highway: On Tuesday the 11th of March, about four o'clock, I saw the prisoner at my house, at Enfield-highway, he came and asked me to fetch nine sheep from Ponder's-end, from the sign of the Goat, kept by John Adkins; I went there for them; I saw Mrs. Adkins, I asked her where the nine sheep were, she called the ostler, and he shewed me them; they were in a hovel or stable, in the yard, belonging to the dwelling-house; there was nothing to fasten them in.

Q. Were there more than nine sheep? - A. No, they were pole ewes; I brought them to my house, according to my orders, which I had received from William Field; William Field , and Mr. Grover's son, came to my house, and drawed five of them; William Field asked me if I would have the other four; I asked him what the price of them was, he told me he could not tell me, till he saw the salesman on the Friday or the Monday following.

Q. What became of the five that they had

turn home I saw the prisoner at the Bull at Tottenham, I was in a cart, and he asked me to let him get up and ride, I told him he might; in the course of conversation, he asked me if I bought any sheep; I told him, no; and he said he thought I had not, he had not seen my name down; he asked me if I wanted any sheep; I asked him how many he had got; he said I might have half a score if I liked; I told him I would not have more than the half of half a score; I asked where they were; he said they were at home in the drove; he said he would send me some; I told him I did not like to deal without I saw them; he said I could take his word for four or five sheep; I told him I had no objection, knowing the family so many years; so it was agreed on to sell me four or five; I was to kill them, and give him the value of them.

Q. Is that the way you buy sheep often? - A. Not in common; and the next day I sent my son for the five sheep to old Mr. Field's house; my son brought them, they were pole ewe sheep; I killed one that night, and turned the other four into my field; on the 12th, Robinson, the drover, and his son, came and claimed them; on the Wednesday, young Robinson came down again for the skin, I gave it up.

Q. Did you ever pay for the sheep? - A. No; the drover told me I might kill the other four, and sell them, that was at Hatton-garden; I asked what I was to do with them.

Cross-examined by Mr. Knowlys. Q. This young man at the bar drove for his father? - A. Yes; he mostly used to be at his father's; they are in the habit of buying and selling a vast many, both beasts and sheep.

RICHARD GROVER sworn. - Examined by Mr. Watson. I am the son of the last witness: On the 11th of March, I saw William Field at the Blackhorse at Enfield-highway: I went with him to Mr. Harman's for some sheep; I told him my father had sent me for four or five sheep; he took me to Harman's, and delivered me five small pole ewe sheep; I drove them home to my father's house, one was killed that night, and the other four left grazing in the field; George Robinson and his son came down the next day and claimed them; we killed one that night.

Q. What did you do with that skin? - A. - Hung it up in the yard; to the best of my knowledge, it is the sure that was produced here.

Q. Were those five part of the sheep with respect to which you gave evidence? - A. Yes.

Cross-examined by Mr. Knapp. Q. This conversation passed in the afternoon? - A. Yes.

Q. It was day-light? - A. Yes.

Q. And you put the four sheep into the field publicly? - A. Yes; by the road side.

Mr. Gurney. Q. What did the prisoner say to you when he delivered you the sheep? - A. He told me to take the sheep home to my father's, and tell him, that when he saw the salesman, on the Friday, or the Monday, then my father and him would agree about them.

Q. Did he mention the name of any saleman? - A. No.

GEORGE ROBINSON (the younger) sworn. - Examined by Mr. Gurney. My father and I are drovers to Mr. Tingey: On the 10th of March last, Mr. Tingey lost nine little pole ewe sheep, marked over the loins; my father and I went to Enfield-highway on the Wednesday afterwards, to the prisoner's father's house, and from there I went to Mr. Grover's house.

Q. Now, in your way to Mr. Grover's house, did you see the prisoner? - A. No.

Q. At Mr. Grover's did you find any thing? - A. Yes; the skin of a sheep that was killed, and four alive in the field; I believed them to be the sheep; when I came back to my father's, in my way back I saw the prisoner, he was on horseback, I was in the path, and he was in the road; I asked him whether he knew of any wrong sheep that road; he smiled, and said, no, he did not know of any.

Q. Did you tell him that you had lost any? - A. Yes; I told him we had lost nine, I did not tell him where they were lost from; then he went on, and I came on; then I went back to old Mr. Field's house, which is a public-house, and found the sheep.

Q. Did you see the skin? - A. Yes; Grover gave me a skin some days after.

Grover. The skin that I gave to him was the skin of the sheep that I killed; Mr. Spilling the constable has the skin.

- SPILLING sworn. - I am a constable, (produces the skin); it was delivered to me at Hatton-garden-office by young Robinson; it has been in my possession ever since.

Robinson. I cannot swear that this is the same skin.

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

Prisoner's defence. I never had any more sheep but what I had honestly paid for; I did not know any thing about the sheep before Tuesday morning; I mentioned to Mr. Grover that I had got some sheep at home, and asked him if he wanted any; I told him he might have a score, or half a score, or fifteen, or any number he pleased; finding these sheep came wrong into my drove, and not knowing where they came from, I sent them to Mr. Grover's to be killed, because they were sinking in flesh; the other four I let Mr. Harman have; I told him they came wrong into my drove, I did not know the price, and when I learned the price I would let them know, for they should pay no more than I

did; Robinson came down on the Wednesday, and I paid him for the nine sheep; he took fifteen guineas from me for them, one pound fifteen shillings a-piece; he told me they were his property; I told young Grover to tell his father I did not know the price of them, when I found out the owner I would let him know.

For the Prisoner.

GEORGE ROBINSON (the elder.) sworn. Examined by Mr. Knowlys. Q. When these sheep were found out at Grover's did you receive any money for them? - A. Yes, I did; I received three five pound notes, half-a-guinea, and two half-crowns, and I gave him sixpence back, which made fifteen guineas.

Q. Was that the market price of the sheep when they were lost? - A. Yes.

Q. Has that been put to the account of Mr. Tingey? - A. I left it at Mr. Tingey's book.

Q. Was that before the man was taken up? - A. Yes, some days.

Q. Who paid you that money? - A. William Field.

Q. Were you authorized to do that by Mr. Tingey? - A. No.

Q. Does Mr. Tingey know that that stands to his account? - A. Yes; but I took the money on my own account; I was at the loss of the sheep.

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

GUILTY , (Aged 25.)

Transported for fourteen years .

Tried by the first Middlesex Jury, before Mr. Justice GROSE.

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