2, 3. John Dean proceedingsdefend , and John Flexmore proceedingsdefend , of Harrow , were indicted (with Robert Flexmore < no role > , not taken) for that they, after the first of May, 1741, viz. November 6 , a Weather Sheep, Value 10s. the Property of Daniel Hawkins < no role > , feloniously and wilfully they did kill, with Intent to steal the same, against the Form of the Statute, &c.

Daniel Hawkins < no role > . On Sunday Morning, the 18th of last Month, I sent my Servant into my Grounds to fetch up eighteen Sheep; I did design to go to Smithfield with two Calves, so I thought I would take some Sheep with me. My Servant brought but seventeen, and told me one was missing; upon which, I told them myself, and thinking perhaps I might get it again, I obtained a Warrant from Justice Clitherow to search for it. I had some Suspicion of Dean, and Flexmore's Father; and I went to Dean's House, and after we had examined him, and his House pretty rightly, he confessed that he, John Flexmore < no role > , and Robert Flexmore < no role > , went out on the Friday Night, and drove the Sheep up into a Corner, and kill'd it, and then carried it Home to Flexmore's House , Upon this, we went to Robert Flexmore's enquiry, and at the Top of the House the Constable found something wrapp'd up, which proved to be a Leg of Mutton . I brought Dean behind me to Town, and told him he had as good tell me what he had done with the Skin, and he said, Master we threw it into a Cart-rut ; and the next Day I sent my Boy, and he pulled the Skin out of the Rut, with a Fork: It was in a by-lane where Carts do not go sometimes for two Months. He found the Skin and shewed it to me, but I can't swear it was mine, for it was cut into ten Pieces I believe.

- Westmore, Constable. Mr. Hawkins brought the Search Warrant to me, and I went to search Dean's House. I took him upon Suspicion, and when we had him out of Doors, he confessed that he, with the two Flexmore's went into Hawkins's Ground's on the Friday Night before, killed the Sheep there, and brought it home in a Sack.

Q. Did you hear John Flexmore < no role > say any Thing?

Westmore. When Mr. De Veil examined him,

he said, he was one of them: I never heard him say any Thing more than that.

Hawkins. Flexmore said in my hearing, that they went out about ten or eleven at Night, and that he was with his Father and Dean when the Sheep was killed.

John Francis < no role > . I am Brother to Flexmore's Mother, and I never heard no Harm of him in my Life.

Samuel Dyson < no role > . I know John Flexmore < no role > very well; he lived with me three Years as a Servant, and always did what I commanded him without making Words, and I believe it was through his Father that he did that Act that he did.

George Watson < no role > . Flexmore lived with me ; and as for Dean, he was a Neighbour, but I can say nothing to him. I never saw any other than Honesty by Flexmore, all the Time he lived with me.

Dean guilty Death . Flexmore Acquitted .