1st January 1844
Reference Numbert18440101-405
VerdictNot Guilty > unknown

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405. MICHAEL MURPHY and THOMAS BARR were indicted for stealing 1 tame goose, price 5s., the property of Thomas Hersant.

WILLIAM PHIPPS (police-constable N 331.) About half-past ten o'clock on Tuesday night, the 10th of Dec., I was in a lane in Lower Clapton—I saw both the prisoners walking together—Murphy had a bundle on his back—I asked what they had got jn the bundle—Murphy said a goose, and it was their own; he got it from Waltham-abbey—they went very quietly to the station—Murphy carried the bundle—he untied it—I found a goose in it—it was quite warm, and appeared to have been a very short time dead—I asked if they wished to say anything—Barr said it was his own, and he brought it from Edmonton; and Murphy said he saw the other at Clapton-gate, and was going to take the goose from Clapton-gate to town for him.

Cross-examined by MR. BALLANTINE. Q. Was there a dog with them? A. I saw none—the goose was kept about a mile from where I met them—at the station Barr said it was his own—I am quite certain about it, and always have said so—this is my signature to these depositions—they were read over to me, and I signed it—I have always said that Barr told me the same story—(the deposition being read, omitted to state that Barr had said the goose was his own.)

WILLIAM EDWARD WATSON . I live with Mr. Thomas Hersant, a butcher, at Upper Clapton. He has a field with two ponds about 100 yards from his house—he had four geese in the field—they were safe on Sunday morning when I went to feed them—they were safe there at three o'clock in the day—on Monday morning I missed an old goose which I knew well—I went to the station, and saw it there—it was my master's.

Cross-examined. Q. Should you have known anything about the goose being missed, except from something told you? A. Yes; I knew how many my master had—I do not know either of the prisoners—I do not know of Murphy having been with my master in the morning.

JAMES WICKENDEN . I live at the Robin Hood, High Hill Ferry. On Sunday evening, the 10th of Dec, I saw the prisoners together in my master's tap-room, for about an hour and a half—I did not see any bundle—they had a dog—the prosecutor's field is about two hundred yards from our house.

Cross-examined. Q. Did you see them come in? A. Yes—Murphy some in first, and Barr afterwards—he gave Murphy some bread and cheese, and some beer.


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