305. (M.) HENRY WEST proceedingsdefend , was indicted for stealing two cows, value 15 l. the property of the right Henry Lord Holland proceedingsvictim , Feb. 8th . ||

Joseph Bampton < no role > . I lodge at a little lodge at Lord Holland's; I know the hides of the cows, are the hides of the cows belonging to Lord Holland; I bought the cows for Lord Holland, and bred the heifer, and they have been under my care ever since. I saw the cows last Sunday night was fortnight when they were turned out in the evening; I missed them at seven o'clock next morning.

Q. Where were they when they were sent out in the evening?

Bampton. A boy drove them down to a rick near the house.

Q. Were they both in milk?

Bampton. Yes.

Q. Tell us the colour of the cows?

Bampton. The heifer was mostly white, red, and a little mixed with brindle, and the cow was red and white on the back and some white on the belly.

Q. Was there any other mark?

Bampton. There was a mark on the right ear of the cow.

Q. How was it marked?

Bampton. A quarter of the ear cut out of the underside.

Q. Was there any thing particular about the horns?

Bampton. It had a littlelish horn, white in the middle, and very yellow at the point.

Q. Any thing particular in the horns of the heifer?

Bampton. They were not come to their full growth, the dogs on them were not come off, and the splinters on the middle of the horn; it had a fine yellow horn; it was about seven years old.

William Sheriff < no role > . I am gardener to Lord Holland: I missed the cows on the 8th of this month about 12 o'clock; I went to the turnpike about one, and the turnpikeman told me two cows were drove through the turnpike, by two men, but he could give no account of the cows or men. On Tuesday morning, about 10 o'clock, I went into Leadenhall-market and found the skins which I am certain were the skins of the cows; the cow was about six or seven years old, a bright red colour, with a white stripe from the shoulder, all along her back, and some white on the belly; her horns were partly white on the under side, and yellow on the upper part towards the extremities, and turned up a little towards the back; her right ear was cut on the under side; the heifer was of a white colour intermixed very much with red, and some brown spots on different parts, very long hair; her horns were tipped on the extremities; from the extremities towards the head was full of scabs or bristles.

Q. Whose possession were the skins in?

Sheriff. Mr. Wansley, a salesman, in Leadenhall-market, on Tuesday morning.

Richard Wansley < no role > . Last Tuesday se'ennight I received the hide of two milch cows, of one John Edwards < no role > ; he said he brought them from one Cotion.

Q. Did you receive any carcases?

Wansley. Yes; I received three sides of beef: they came first, at three o'clock in the morning; the hides came afterwards.

Q. What kind of meat were they?

Wansley. The heifer was goodish; the cow very middling.

Q. Two milch cows could not be very good in the winter?

Wansley. The heifer was pretty good.

Q. Is it usual to kill milch cows at this time of the year?

Wansley. Yes.

Q. The being milch cows, and the poverty of the man, did not raise any suspicions in your mind?

Wansley. No.

Q. Did you know the porter before?

Wansley, Yes, he has several times brought meat to me.

William Chadwel < no role > . I am a turnpike-man.

Q. Do you remember two cows being driven through the turnpike?

Chadwel. Yes, this day fortnight in the morning, between two and three o'clock: I am placed at Kensington Gravel Pits.

Q. You cannot tell whether they were cows?

Chadwel. No; they were two head of cattle driven by two men: I could not distinguish the cows or the men.

John Edwards < no role > . A fortnight ago to-morrow I carried these hides and some carcases to Mr. Wansley from Mr. Banting's slaughter-house, in Mint-street, in the Borough.

Q. Who did you receive them of?

Edwards. Cotton employed me to take it; I took them by the order of Cotton.

Q. Was the prisoner there?

Edwards. No.

Q. When was the prisoner there?

Edwards. At five in the morning; he quartered the beef.

Q. What time was you there first?

Edwards. At twelve o'clock on Monday noon.

Q. Had you seen the prisoner or Cotton that morning before you went there?

Edwards. No.

Q. Neither of them?

Edwards. No.

Q. You went to Mr. Banting's about twelve o'clock: who sent for you?

Edwards. Mrs. Banting herself.

Q. Who did you find there?

Edwards. The prisoner and Cotton.

Q. Who was the first that spoke to you?

Edwards. Cotton; he said my lad I shall have a job for you in the morning; that was Tuesday morning; which was to carry these two bodies of beef up; there were two fresh bodies of beef, fresh killed, hanging in the slaughter-house.

Q. Were the hides taken off at that time?

Edwards. Yes they were; taken off of the backs when I came into the slaughter-house.

Q. Were they lying in the slaughter-house?

Edwards. Yes; they are the same I carried to Wansley; I was to call in the morning at five o'clock; it being frosty I was obliged to have a man to help me; I stood waiting a quarter of an hour for somebody to deliver the beef to me, and the prisoner came and asked if I was ready to take the beef; I said I was, and had got another porter to help me; we went into the slaughter-house, and he quartered a side for us to take; we took one quarter to Leadenhall; we returned and took another, and then we took a third, and then the prisoner paid the the other man 1 s. 6 d. and asked me if I wanted my money; I said let it alone till I carry the hides. When I came from carrying the other quarter of beef the prisoner was in the public house; I asked him if I should take the hides up; he told me he did not know till Cotton was there; then I went up to the hall again about my business, and when I came down I took up the hides, in consequence of Cotton's order the day before. I did not see Cotton nor the prisoner again till he was taken up.

Q. Who paid you?

Edwards. Cotton; he came to me to the slaughter-house about three o'clock, and paid me 2 s. 2 d. for carrying the hides and the three-quarters of beef.

Q. When you delivered the beef to Wansley did you receive any money for it?

Edwards. No.

Q. to Wansley. Did you sell the beef?

Wansley. Yes.

Q. Did you pay the money to any body?

Edwards. To Cotton; he came for it about nine or ten o'clock the same day.

Q. How did you sell it?

Edwards. Two sides at 2 3/4 d. and two sides at 2 d a pound.

Q. to Edwards. Do you know what became of the other side of beef?

Edwards. Yes; I carried it to Mr. Hunt, salesman in the.

Ann Banting < no role > . My husband is a butcher in the Mint.

Q. Do you know West?

Banting. Yes.

Q. Do you remember Sheriff coming to you?

Banting. Yes.

Q. When did you see West?

Banting. On Monday the 8th; we were in bed; we heard a cry of hollow! we did not answer the first time; the next time we asked what they wanted; they said to kill two heifers; they said they had killed two there six weeks before; my husband asked what time they wanted to come; they said in half an hour my husband had a cold, and I myself got up and let them in; there were the prisoner and Cotton, and they had two beasts.

Q. Who drove in the beasts?

Banting. The prisoner and Cotton.

Q. Did you take any notice of the hides?

Banting. No, not in particular; they were red and white.

Q. They were killed at your slaughter-house?

Banting. Yes.

Q. What time?

Banting. Between eight and nine.

Q. Was you present when Edwards was sent for?

Banting. I sent for him to kill some sheep; my husband was at market; when my husband came home he went out with Wansley and Sheriff; I asked him where he was going; he made answer not far; I looked after him and saw him go with two strangers; presently after Edwards came and said, Mrs. Banting, I am afraid the cows were stolen; I said I am afraid so too, and if they come for the other side they shall not have it; he said no, don't set them. About half an hour after, Cotton came with two porters to take the quarter; I called to an officer of the Marshal's Court to aid and assist, for I believed they had stolen the cows; I shut the door and kept them in; the porters said I could not do it without a warrant; I sent my child to fetch a constable but he was not at home, and then to another and he was not at home; I kept them in half an hour; at last they begged me to let them out; the officer of the Marshal's Court said I could not keep them without a warrant; I told him not to let them go but keep them at the public house; they went to the public house and the officer let them go.

Henry Banting < no role > . The prisoner came to my house on the Monday; I saw him and Cotton in the slaughter-house. Two men called that morning at six o'clock; I asked who was there; one said it is the man who killed two cows here six weeks ago, and wanted to know if they could kill two there then; they said they wanted the slaughter-house opened in half an hour. When I was at breakfast Cotton came to the window and asked me to send them a hand up with one of the beasts; it was lying upon its back; there were only Cotton and the prisoner there.

Q. Had you any conversation with West?

Ba nting. No; they were talking about the price of beef in the country; and asked me what I thought this cost; I said I did not know; Cotton said in the country they cost eleven pounds, and that they thought them very cheap, that they thought they bought bargains; I said upon my word I cannot buy such a beast as the best of these under nine or ten guineas in Smithfield.

Prisoner's Defence.

On Monday se'ennight I came to the Borough market to get some fruit for my wife to sell; when I came there I saw two beasts standing, and a man and a boy; when I returned in about half an hour, there was Cotton, and a man and a boy with the beasts; they asked me if I would go and help them to kill the beasts; they said they would kill them at Williams's; they drove the beasts along and accordingly I followed them to help kill them; when we came to the slaughter-house they put the beasts in, and went to get another man to help to kill them; I went to a public house just by; they got somebody; the beasts were knocked down and killed, and then they sent to the public house to me, and I came and was going to take the head off. Mr. Banting said I need not for they had agreed with the man for the whole. The next morning I was there; I had 3 s. to pay the porter and 1 s. for my trouble; I had had 1 s. 6 d. before. I am in the butchering way . I live in Milk-yard, New-gravel-lane, Ratcliffe-highway; I was at home the morning of the robbery, and a-bed and a-sleep till the watch went five o'clock.

Guilty . Death .