30th January 1843
Reference Numbert18430130-636
VerdictGuilty > with recommendation; Not Guilty > unknown

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636. JAMES BARNARD and WILLIAM KENNETT were indicted for stealing, on the 13th of Jan., 1 peck of a certain mixture, consisting of oats, beans, grains, and chaff, value 1s., the goods of Richard Pratt, their master.

MR. HUDDLESTON conducted the Prosecution.

WILLIAM GOODALL . I am in the employ of Mr. Richard Pratt, a car-man, contractor, and pavior, in Gray's-inn-lane. He has a place where his horse provender is kept—the prisoners were in his employ—it was their duty to take the teams where they are ordered—on the 13th of January I told them to go to Fetter-lane, to work for Mr. Rook, of Bethnal-green—they were to cart gravel from Fetter-lane to Bethnal-green—they started a few minutes before nine o'clock—I saw them before they started—Barnard had two horses to his team, and Kennett had two to his—each had to mind his own team—before they left the premises they went to the place where the provender is—I saw Kennett nil their note-bags with provender, and Barnard had two—they took the nose-bags out of the stable into the yard—they were allowed to take out what they did for the use of the horses—that would be a proper quantity for the four horses during the day—they then started, and in going out of the yard there were some grains in a truck, which had been brought in the night before—there was no objection to their taking the grains if they gave it to the horses—they had no business out of the road between Fetter-lane and Bethnal-green—their right road Was down Holborn, and through Smithfield—they had no business in Gray's-inn-road.

Cross-examined by MR. PAYNE. Q. Had they been carting something from Fetter-lane to the Fever-hospital the day before? A. I know they had a mixture from Fetter-lane, but where they took it to I do not know—there was some gravel, clay, and loam found—Barnard drove a grey gelding and a chestnut, and Kennett two brown horses.

Cross-examined by MR. DOANE. Q. You do not know who gave them the orders the day before, where they were to cart the rubbish? A. I gave them orders on Thursday, this was Friday.

MR. HUDDLESTON. Q. Did you give them orders on Thursday, before they left the yard? A. Yes, to go to Fetter-lane, and cart rubbish for Mr. Rook—that I swear—I cannot say how often before they had carted rubbish from Fetter-lane, not many days—I did not ask or tell them to take it to Bethnal-green—they were to go where they chose the second time when they were at Fetter-lane, but on Friday they were sent to cart gravel from Fetter-lane to Bethnal-green—on Thursday they were to go with rubbish any where Mr. Rook sent them.

WILLIAM WEAVIR . I am a coal and lime-merchant, and live in King's-road,

Camden-town. On the 13th of Jan. I saw two carts belonging to Mr. Pratt in Gray's-inn-lane, opposite Fifteen-foot-lane, between ten and eleven o'clock—they were before me, going in the same direction as I was—the two prisoners were with them—I passed them—when I was at Britannia-street, which is some distance from Fifteen-foot-lane, I was about taking a cab—on turning round I saw the two prisoners in conversation together—after a short time I saw Barnard go round the cart, and take two nose-bags—they appeared full—he went down Fifteen-foot-lane, along Paradise-street, and into Britannia-street where I was at that time—I saw Mr. Griffiths coming along Britannia-street—I saw Barnard go into a shop in Britannia-street—I pointed that shop out to Mr. Griffiths—when he went in he had two nose-bags, and when he came out he appeared to have but one, and that was empty—he crossed Britannia-street, and went further along at the back of Chad's-row, and into Pindar-passage—I did not see him come out of Pindar-passage—Kennett was with the carts while Barnard went with the nose-bags—he drove the carts along the Gray's-inn-road till he came to Pindar-passage—the two front horses were brown, and one of the others was grey.

Cross-examined by Mr. PAYNE. Q. Which cart was it that something appeared to be taken out of? A. I think the hind cart, which had the grey horse in it.

JOHN GRIFFITHS . I was in Britannia-street on the 13th of Jan. last, about twenty minutes to eleven o'clock—Weaver pointed out a house to me—I saw no person go into that house, but I saw Barnard come out with the nose-bag on his back—it appeared empty, but the mouth of it was stuffed with straw—the house he came out of was 62, or 63, Britannia-street, which is one door beyond Paradise-street—he crossed Britannia-street, and went up George-street—I followed him—he ran away from me up Pindar-passage, which leads into Gray's-inn-road—I followed him, and he joined the team in the road, at the top of Pindar-passage, opposite Cromer-street—Kennett was with the team—I cannot say whether he spoke to Kennett when he joined him—I afterwards went with Archer to the house out of which I had seen Barnard come, and behind some coke sacks we found some corn, chaff, and grains—it was given to Archer, who took it away with him.

JOHN ARCHER (police-constable G 8.) In consequence of information I received, I went to a house in Britannia-street, on the 13th of Jan., with Griffiths—behind some coke sacks I found about a peck of chaff, corn, and grains—I have a sample of it here—it has been in my custody ever since—on our way to the station I asked Barnard if he had been in Britannia-street that morning—he said he had—I asked if he had been into a coke-shed there—he said he had—I asked what his business was there—he said in going down Gray's-inn-road with the team he had picked up a quantity of coke, that he had put them on the top of the nose-bags, and had taken them to this house—I asked who he had seen there—he said he had not seen any one—the man that keeps the house keeps horses.

WILLIAM GOODALL re-examined. I believe this mixture to be a sample of the same mixture that came from the binn—there is some sainfoin among it, it is of a particular sort—I should say there are some grains among it—it is split beans, white oats, clover, and sainfoin, which is a grass something similar to clover—my master usually mixes split beans, clover, sainfoin, and sometimes rye grass for his horses—there are some grains here—I cannot say that they are the same sort of grains that were outside my master's premises—it is the same that comes from the brewers.

Cross-examined by MR. PAYNE. Q. Will you swear there are brewers' graius there? A. Yes, they are decomposed—I believe it is the same mixture

that was in the binn—I could not swear it—I see the mixture made by the man that cuts the chaff—I look after the hones, and the provision likewise.

RICHARD PRATT . I have my sainfoin from out of the country, as I want it—I saw this mixture before the Magistrate, on the 14th of Jan.—it was fresh then, and in bloom—I could recognise it then—I have no donbt it is the same tort as mine, which is composed of split beans, oats, clover, chaff, and sainfoin—this is the same, with grains—it is such grains as I had on the truck at my premises on the 13th of January.

BARNARD— GUILTY. Aged 23.—Recommended to mercy. KENNETT— NOT GUILTY .

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