Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 30 November 2022), December 1828, trial of GEORGE ADE WILLIAM PEACOCK (t18281204-47).

GEORGE ADE, WILLIAM PEACOCK, Theft > simple larceny, Theft > receiving, 4th December 1828.

47. GEORGE ADE was indicted for stealing, on the 7th of November , 2 pecks of chaff, beans, and oats, mixed together, value 3s., the goods of Mary Gibbs , his mistress ; and WILLIAM PEACOCK was indicted for feloniously receiving the same, well knowing them to have been stolen .

JOHN SUMMERS . I took William Peacock about five o'clock in the afternoon, with this sack of oats, beans, and chaff in his hands outside Mrs. Mary Gibb's gates, to whom I am servant; I asked how he came by it, he made no answer - I took him into the yard, and sent for an officer; Peacock is a milkman, and keeps a green-grocer's shop - he wished me not to make a piece of work; before I saw Peacock I saw a coal-waggon outside the door, I do not know whose it was - I had been called to look under the manger, where I saw the same bag, with the same articlesin it - I set a person to watch it; Ade worked for my mistress - the value of this is about 3s.

Cross-examined by MR. PHILLIPS. Q. Is Mrs. Gibbs here? A. No; I am ostler there, and Ade was employed there - I did not see Peacock speak to the persons with the waggons, they had three or four horses in each - he had served me with milk; he came across to me; I had not called him - he held out the bag to Ade; I had hold of him by the collar - what he said was so very low, I could not hear him; I did not hear him say "Here's this bag back, I don't know what it is;" I was in a bustle at the time - I took Ade up, and gave him in charge - he was let go out of the yard - the gate was shut; there was another way he might have gone out - he went by himself to get his coat and hat; Peacock was going towards his own home when I first saw him, but he came across to me.

COURT. Q. When you first saw him. did you see any thing in his hand? A. Not at first, but when he came back, just passing the horses' heads, I saw the bag in his hand, he had got about fifteen yards; I cannot say whether he saw me before he turned back - I suspect so; he could have seen me, his side face was towards me.

WILLIAM KETTERIDGE . I am a gentleman's servant. I went to Mrs. Gibbs' stables about nine o'clock in the morning of the 7th of November, to see a young man, and while I was talking to him I saw this bag under the manger; I asked him what was there - he said he did not know; I pulled it from under the manger, and then went and told the ostler, who came and looked at it, and desired me to put it back again, which I did - he then told me to watch to see who took it away; I stopped till about five o'clock in the afternoon, and Ade went to the public-house to get a light - during that time Summers told me to lie down in the next manager; I lay there about ten minutes, and saw Ade come and take this bag up - I followed him, and saw him deliver it to Peacock, who was about ten yards from the gates.

Cross-examined. Q. Was Peacock there to serve milk? A. Yes; I did not see how far he got from the gates - I saw him again in about five minutes; I did not hear him say he got it from Ade.

COURT to JOHN SUMMERS . Q. Did you see any thing of its being put into the waggon? A. No - but the waggoner came into the yard, and said that Peacock had put it into the waggon; I do not know the bag.

Cross-examined. Q. Did you ever say you saw Peacock put it into the waggon? A. No; the carter came into the yard, and said Peacock had put it into the waggon, then served a house with milk, and then came and took it; I keep the key of the corn-bin, but do not always lock the door - and did not that morning.

COURT. Q. What does the bag contain? A. Oats, beans, and chaff, mixed, and a stable rubber, which I know- it is such a mixture as we regularly feed the horses with- I told Peacock he ought to be ashamed of himself to rob us; they both said, "Don't make a peace of work" - I said I could not look over it, because we had lost so much- I told Mrs. Gibbs' son of it.

JOHN LACY . I am an officer. I took the prisoners, and produce the bag; nothing passed in my presence.

NOT GUILTY .