7th January 1856
Reference Numbert18560107-197
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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197. ROBERT WAGHORN and JOHN BAKER , stealing 1 sack, value 1s. 6d., and 4 bushels of beans, value 1l. 4s.; the goods of the London, Brighton, and South Coast Railway Company.—2nd COUNT, receiving the same.

MR. ROBINSON conducted the Prosecution.

HENRY HOADLEY . I live at Dane Hill, Sussex, and am a corn dealer. On 5th Dec. I sent up twenty sacks of beans to the Bricklayers' Arms station—ten were my own sacks, and ten the farmer's sacks—five quarters were sold at 47s., and the beans in my sacks were sold at 24s. a sack—this sack is mine (looking at one), it has my name and address on it—I believe it to be one of the ten which I sent; I have brought another to compare with it—the beans in this sack I believe are the beans I sent, they are

similar to them—I was selling them At 24s. to a corn dealer at Hayward's. Heath station—there were two labels attached to the sacks, one on one set of ten, and one on the other.

Cross-examined by MR. RIBTON. Q. Do beans vary much in prioe? A. Not very much—they might vary 2s. or 3s.—24s. was not the top price, there might be some higher—I nave not bought any at 20s. this year—there are four bushels in a sack—I believe they are never so low as 20s. a sack—I cannot tell what name was on the other ten sacks—I did not see them—the name of the com dealer they were directed to was Mr. Errey.

FREDERICK JOHNSON . I am a porter in the service of the London, Brighton, and South Coast Railway Company. I recollect on 10th Dec. receiving, at the Bricklayers' Arms station, twenty sacks of beans—several of them had the name of Hoadley on them—they were pat at the corner of No. 6 platform, near where I unloaded them, one beside the other—there were some sacks of wheat stacked on both sides of them—on 27th Dec. I counted the sacks of beans, and found nineteen, one was gone.

Cross-examined. Q. Was it on the 10th you placed them there? A. Yes—I saw nothing of them from the 10th to the 27th—a great portion of the sacks of wheat have been removed—they were on both sides of the beans.

JOSEPH COUGHTREY . I am a porter at the Bricklayers' Arms station. On 20th Dec. I saw the prisoner Waghorn there with a van—he came for twenty-four sacks of wheat—I helped to load the wheat—the distance between the wheat and the beans might be three or four yards; they were on the same platform which was continued between them, bat there was other grain between them—when Waghorn came with his van, he backed it up to the platform, so that we run the sacks with what we call a hand truck—I did not assist to put the whole twenty-four sacks in, I helped to put four sacks in—my fellow servant said, "What do you want to make four riders for? why do you leave this space at the back of the van? why do you not put one more sack in behind, instead of making four riders?" (riders are sacks that lie on the top of the sacks that stand up)—Waghorn said that his van load would be too heavy behind, or words to that effect—when they were all loaded, the space behind was still left—I went to sign for delivering them, and Cormack went to his work—I went to No. 10 platform, which is, very likely, fifty yards from the van—Waghorn came shortly after me, he signed for receiving them—he went away—I saw no more of him.

Cross-examined. Q. Have you got the delivery book here? A. No—I counted the sacks as they were shot—there were four who shot the twenty sacks, and three counted the other four—the wheat was shot, out of the sacks it came in, into the prisoner's master's sack—Waghorn did not bring the sacks himself—we shot four sacks in his presence, and twenty in his absence—he put twenty sacks into the van himself, and I and another porter put in the other, four—after we had shot the wheat into the prisoner's master's sacks, they lay on the platform till the prisoner himself pat them on the truck and wheeled them into the van—the other four were not wheeled, we rolled them to the tail of the van, and then took them in our arms and put them in—the prisoner was assisting.

COURT. Q. You put the four sacks on riders by his direction? A. Yes—he said if we put one more in the opening, it would be too heavy behind.

MR. ROBINSON. Q. Will you undertake to swear that you did not shoot any beans? A. Yes; only wheat—the sack is put on the truck in a moment—it is made for the special purpose of carrying these sacks.

WILLIAM CORMACK . I am a porter at the Bricklayers' Arms station. I assisted in loading four sacks of the wheat on 20th Dec.—I can undertake to say that neither of them were beans—as soon as the wheat was put into the van I left—I remarked to Waghorn about leaving a space at the tail of his van—I told him there was a space that would hold one more sack, without putting them on the top—he said he wished to have the four sacks on the top.

Cross-examined. Q. How many sacks went across the van? A. Three—they were in rows of threes—when I put up the first of the four, that did not complete a row—the bottom of the van was complete, except this space for one more sack—the van would not have contained the whole twenty-four without putting some on the top—I cannot tell whether the prisoner said he wished the tail of his van not to be too heavy, or that he wished to have them on the top.

JOSIAH WOODHAM . I live at No. 11, Carlile-terrace, Pear Treerow, Bow; I assist my father, who carries on the business of a miller, at Bromley, in Middlesex. Waghorn was in our service as a carman—Baker was formerly in my cither's service, as a flour dresser—he is now a corn dealer, and has a small shop nearly opposite my residence—on 22nd Dec. I received some information about Waghorn, and on that evening my father spoke to him in my presence—he asked him where the sack of beans was that he had to dispose of—Waghorn said he had had no beans—my father said he knew he had a sack of beans to dispose of, and he must tell him where they were—Waghorn said, "They are at Mr. Baker's"—he then said, "I will tell you the whole truth about it; I found them on my waggon on Thursday last, as I was coming home from the Willow-walk (the Bricklayers' Arms station)"—he said he made the discovery as he was coming down the Mile End-road—he said he did not know how they came on his waggon, but he believed they must have been put on at the station—my father said he must know whether they were put on at the station or not—he said he did not know—my father asked him whether they were in the body of the waggon, or thrown on the top—he said they were in the body of hie waggon—my father said he must see the beans; and my father, and I, and Waghorn, then went over to Baker's—my father asked him to show us the sack of beans that Waghorn had left there on Thursday—Baker said he had not got them—my father asked him where they were—Baker said, "I do not know"—Mrs. Baker, Baker's mother, then came in, and said that Waghorn had left the sack of beans there on Thursday, stating that Mr. Baker had asked him to bring them for him from London, and that they were left in Baker's absence—my father then asked Baker whether he had sold them—he said that he had not—my father asked him whether he had removed them, or ordered them to be removed—he said, "No"—my father then said he must know what had become of them—Baker then said, "Mr. Samuels has them, of Robin Hood-lane, Poplar;" and he said that he would accompany my father over to Mr. Samuel's to see the beans—we left the shop, and shortly after Baker came over to my father—as we were leaving the shop, I heard some conversation, and Baker said to Waghorn, "Did you not say you would take 15s. for the beans?"

Cross-examined. Q. You have known Baker a long time? A. I have known him about twelve months—I believe he was with my father for two or three years—I have heard my father say he had a good character—he left my father's to go into business for himself, a corn and flour dealer—I never had any conversation with him about beans before that day—my

father had heard what Waghorn said, which induced him to go to Baker's—it was Baker's mother who said they were left in his absence—I have known Waghorn about twelve months—we knew nothing against him—he came from Mr. Gharrington's.

BENJAMIN SAMUELS . I live in Robinhood-lane, Poplar, and am a corn dealer. On 22nd Dec. Baker came to my house between 11 and 12 o'clock—he said, "I have a sack of old beans to sell"—I said, "What is about the price, Mr. Baker?—he said they were 15s. or 16s., I do not know which—I said, "Do you think my pigs would eat them?"

COURT. Q. Are beans better when old than new? A. If beans are in good condition, old ones are best, but from the price, I thought they were inferior beans.

MR. ROBINSON. Q. What did he say when you asked if the pigs would eat them? A. He said, "Yes, first rate"—I said that I would send for them—he said, "You shall have them if they are not sold and gone"—I sent my man Blyth for them in the afternoon, with one of my own sacks, and he brought them back—these are the beans he brought—I went and looked at them, and said, "Mr. Baker could not have looked at these"—they must have been very cheap at 15s. or 16s.—I gave about a peck of them to my pigs—this was on Saturday afternoon—Mr. Woodham and Baker caine to my house on Saturday night, about half past 8 o'clock—Mr. Woodham asked me whether I had bought any beans of Mr. Baker that Saturday—I said, "Yes"—Mr. Woodham said, "Where aw they?—I said, "Here they are"—they stood on another sack, near the door—Mr. Woodham said, "Did you go to Mr. Baker, or did Mr. Baker come to you?—I said, "Mr. Baker came to me"—Mr. Woodham said, "Mr. Baker sold you these beans?—I said, "Yes"—Mr. Woodham said to Mr. Baker, "Is that true, John?"—Mr. Baker said, "Yes"—Mr. Woodham then said to me, "Take care of those beans for me till Monday"—I said, "I will"—on the Monday morning Mr. Baker called on me for the money for the sack of beans I had of him on the 17th—I said to him, "How came you to send me these beans (meaning the last sack)?"—"Why," he said, "I wanted to get rid of them"—he then told me that Mr. Woodham's carman had left them at his house when he was not at home—he said they were not Mr. Woodham's, they came from the railway—I said, "Why not have gone to Mr. Woodham, and told him that his carman had left a sack of beans there, and if he did not take them away you would put them into the road, or something of that"—Mr. Baker said, "That is what I ought to have done"—Waghorn called on me on Wednesday, the day after Christmas Day, and said that Mr. Woodham told him he might take the beans back to the railway station—I said, "Have you got a written order, signed by Mr. Woodham?—he said, "No," and I would not let them go—I said, "Did Mr. Woodham tell you this morning that you were to take them away? come, let us have the truth of it"—he said, "No"—I had had a great many dealings with Mr. Baker before—he is a corn dealer.

COURT. Q. How long have you been a corn dealer? A. Nearly five years—when I saw these beans, the value of them was about 24s.

Cross-examined. Q. Was there full measure? A. I did not measure them—my sack was rather a big one—I should think it would hold five bushels—the sack looked as if it had four bushels in it.

WILLIAM BLYTH . I am in the service of Mr. Samuels. On 22nd Dec. I was sent with a sack to fetch some beans from Mr. Baker's—I saw Mr.

Baker—he helped me to shoot the beans out of a sack into my sack, and I took them to Mr. Samuels.

JOHN CARPENTER . I am an inspector of the R division, and am attached to the Brighton Railway. On the night of 26th Dec. I went to Mr. Woodham's premises—I found Waghorn there—I told him I was a police officer, and had come from the Brighton Railway respecting a sack of beans he had stolen from there, when he was over there on Thursday last—he said that he knew nothing about them, and did not know they were on his waggon until he was in Mile End-road—I said, "It is no use your saying that; if you found them on your waggon by accident you would have brought them home to your master, and not have taken them and sold them to Mr. Baker, who has since sold them to Mr. Samuels, of Poplar"—he made no reply—I said that he must go with me to Mr. Baker's, and I and Richards and Waghorn went to Baker's—I did not find Baker there—I went in search of him, and found him at the Five Bells public house, at Bromley—I called him out, and told him I was a police officer, and that he must consider himself in custody for receiving a sack of beans from Mr. Woodham's carman, Waghorn—Baker said, "He left them at my house when I was not at home"—I said, "But you have since sold them to Mr. Samuels; if you had done as you ought to have done, knowing that Wag horn was in Mr. Woodham's employ, you would have communicated with Mr. Woodham directly"—he made no reply—I took him to his own house, where Waghorn was—I told Waghorn he was charged with stealing, and Baker with receiving, and they must go to the station with me—Baker said, "Yery well, come along"—I got this sack of beans from Mr. Samuels, and produce them, and also a sample of the beans in the other nineteen sacks at the station.

THOMAS RICHARDS . I am a police constable at the railway station. I took Waghorn, with the last witness, on 26th Dec.—on the way to the station Waghorn said he should like to see his wife—I told him I was going to search his house—he said "What for?"—I told him, to look for the sack the beans were in—he said, "It is no use for you to go there, it is not there; I either took it back to the Bricklayers' Arms station or it is in the van at Mr. Woodham's"—he said, "It is the van that is under the shed, with the wheel off"—he said it was the one that was at the Bricklayers' Arms, and had broken down—I went there, and found this sack, which has Mr. Hoadley's name on it—it was on the seat of the van—he said that it was the railway porter's place to count the sacks as they shot out, and said, "I don't know whether I put it on or they put it on, and that is the truth."

THOMAS PETER ERREY . I am the person who was to receive these twenty sacks of beans, and I only received nineteen—I was to pay the carriage—I am not prepared to say how much that would be.

MR. RIBTON to FREDERICK JOHNSON. Q. Did you make any entry of these sacks of beans? A. Not that I am aware of—I put them on the platform, and counted them—on the 27th I found there were only nineteen—I did not book them.

(Waghorn's statement before the Magistrate was here read, as follows:—"I did not know the sack of beans was in my waggon, till I saw it there in the Mile End-road.") (The prisoners received good characters.)

WAGHORN— GUILTY of stealing. Aged 37.— Confined Twelve Months.

BAKER— GUILTY of receiving.— Confined Twelve Months.

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