<div1 type="trialAccount" id="t17461205-13"> <interp inst="t17461205-13" type="collection" value="BAILEY"></interp>
<interp inst="t17461205-13" type="uri" value="sessionsPapers/17461205"></interp>
<interp inst="t17461205-13" type="after" value="17461205"></interp>
<interp inst="t17461205-13" type="before" value="17461205"></interp>
<join result="criminalCharge" id="t17461205-13-off52-c185" targOrder="Y" targets="t17461205-13-defend211 t17461205-13-off52 t17461205-13-verdict55"></join>
<p>17. <rs type="persName" id="t17461205-13-defend211"> <interp inst="t17461205-13-defend211" type="role" value="proceedingsdefend"></interp>
Thomas Benson <interp inst="t17461205-13-defend211" type="surname" value="Benson"></interp>
<interp inst="t17461205-13-defend211" type="given" value="Thomas"></interp>
<interp inst="t17461205-13-defend211" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17461205-13-off52" type="offenceDescription"> <interp inst="t17461205-13-off52" type="offenceCategory" value="theft"></interp>
<interp inst="t17461205-13-off52" type="offenceSubcategory" value="animalTheft"></interp>
stealing one Cock, value 18 d. one Hen, value 18 d. </rs>
the Property of <rs type="persName" id="t17461205-13-victim213"> <interp inst="t17461205-13-victim213" type="role" value="proceedingsvictim"></interp>
John Wood <interp inst="t17461205-13-victim213" type="surname" value="Wood"></interp>
<interp inst="t17461205-13-victim213" type="given" value="John"></interp>
<interp inst="t17461205-13-victim213" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17461205-13-off52 t17461205-13-victim213"></join>
</rs>
, at the Spaniard in <rs type="placeName" id="t17461205-13-crimeloc53">Finchly</rs>
<interp inst="t17461205-13-crimeloc53" type="placeName" value="Finchly"></interp>
<join result="offencePlace" targOrder="Y" targets="t17461205-13-off52 t17461205-13-crimeloc53"></join>
Parish, the <rs id="t17461205-13-cd54" type="crimeDate">19th of October</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17461205-13-off52 t17461205-13-cd54"></join>
.</p>
<p>Q. to <rs type="persName" id="t17461205-13-person214"> <interp inst="t17461205-13-person214" type="role" value=""></interp>
John Wood <interp inst="t17461205-13-person214" type="surname" value="Wood"></interp>
<interp inst="t17461205-13-person214" type="given" value="John"></interp>
<interp inst="t17461205-13-person214" type="gender" value="male"></interp>
</rs>
. Do you know the Prisoner at the Bar? What have you to alledge against him?</p>
<p>Wood. For stealing a Cock and a Hen.</p>
<p>Q. From whence?</p>
<p>Wood. From my own House. I live at the Sign of the Spaniard, in the Parish of Finchly.</p>
<p>Q. What did the Prisoner at the Bar do?</p>
<p>Wood. He was at my House on Sunday Night, the 19th of October, between 10 and 11 o'Clock; he was seen at my House.</p>
<p>Q. Did you lose any thing on Sunday Night?</p>
<p>Wood. I lost a Cock and a Hen in the Night-time. When I took him up upon Suspicion, he offered to pay me for the Fowls, if I would not have him before the Justice.</p>
<p>Q. Did you carry him before any Justice?</p>
<p>Wood. Yes, I carried him before the Justice. I seized him the next Morning, and accused him for stealing my Cock and Hen; he said he was not guilty of the thing. I desired one to assist me; he offered to make it up, and to pay me for the Cock and Hen.</p>
<p>Q. Did he offer you any particular Sum?</p>
<p>Wood. No, but any thing in Reason.</p>
<p>Q. to <rs type="persName" id="t17461205-13-person215"> <interp inst="t17461205-13-person215" type="role" value=""></interp>
Mary Bonner <interp inst="t17461205-13-person215" type="surname" value="Bonner"></interp>
<interp inst="t17461205-13-person215" type="given" value="Mary"></interp>
<interp inst="t17461205-13-person215" type="gender" value="female"></interp>
</rs>
. What have you to alledge against the Prisoner? Where do you live?</p>
<p>Bonner. At the Spaniard's in Finchly Parish. I am a Servant to Mr Wood.</p>
<p>Q. What have you to say against the Prisoner?</p>
<p>Bonner. I see him at the Hen-roost between 11 and 12 o'Clock at Night, the 14th of October.</p>
<p>Q. Where was you when you saw him?</p>
<p>Bonner. I was in my Chamber-window. I was going up to Bed.</p>
<p>Q. What kind of Night was it?</p>
<p>Bonner. It was between 11 and 12 o'Clock; it was Moon-light.</p>
<p>Q. What did you see him do?</p>
<p> <xptr type="pageFacsimile" doc="174612050021"></xptr>
Bonner. I saw him at the Hen-roost.</p>
<p>Q. Was any Body with him?</p>
<p>Bonner. No, Sir.</p>
<p>Q. Have you seen the Prisoner before?</p>
<p>Bonner. Yes, Sir, he lives but about a Mile from us.</p>
<p>Q. Did you see him take any thing away? Is the Hen-roost lock'd up?</p>
<p>Bonner. No, Sir, 'tis in a Yard; up in the Trees in the Yard.</p>
<p>Q. Then you did not see him take any thing away?</p>
<p>Bonner. No, Sir.</p>
<p>Q. Is your Yard an open Place, that any Body may come in at all Times of the Night?</p>
<p>Bonner. Yes.</p>
<p>Q. to <rs type="persName" id="t17461205-13-person216"> <interp inst="t17461205-13-person216" type="role" value=""></interp>
William Gardner <interp inst="t17461205-13-person216" type="surname" value="Gardner"></interp>
<interp inst="t17461205-13-person216" type="given" value="William"></interp>
<interp inst="t17461205-13-person216" type="gender" value="male"></interp>
</rs>
. What do you know of this Matter? what are you?</p>
<p>Gardner. I lived with Mr Wood at the same Time, at the Time when the Prisoner at the Bar was there, and I was in Bed.</p>
<p>Q. At what Time?</p>
<p>Gardner. The 20th of October. I saw the Prisoner at the Bar get upon the Bench where we set Tankards upon, and the People drink. I got out of Bed, because the young Woman told me she saw him, and so she called me.</p>
<p>Q. What did the young Woman say?</p>
<p>Gardner. She said she saw <rs type="persName" id="t17461205-13-person217"> <interp inst="t17461205-13-person217" type="role" value=""></interp>
Thomas Henson <interp inst="t17461205-13-person217" type="surname" value="Henson"></interp>
<interp inst="t17461205-13-person217" type="given" value="Thomas"></interp>
<interp inst="t17461205-13-person217" type="gender" value="male"></interp>
</rs>
, as she thought, upon the Bench over where the Fowls were; and I pulled the Sash up, and called out, Who's there? I said, let it be who it will, if you don't get off I'll shoot you.</p>
<p>Q. Who did you see?</p>
<p>Gardner. <rs type="persName" id="t17461205-13-person218"> <interp inst="t17461205-13-person218" type="role" value=""></interp>
Thomas Henson <interp inst="t17461205-13-person218" type="surname" value="Henson"></interp>
<interp inst="t17461205-13-person218" type="given" value="Thomas"></interp>
<interp inst="t17461205-13-person218" type="gender" value="male"></interp>
</rs>
.</p>
<p>Q. Did you know him before?</p>
<p>Gardner. Yes, I have known him these seven Years.</p>
<p>Q. Then you did not call him by Name?</p>
<p>Gardner. No.</p>
<p>Q. What then?</p>
<p>Gardner. He leap'd off the Bench, and ran away directly; I came down thinking to see if I could catch him; before I came down he was gone, I believe a Quarter of a Mile.</p>
<p>Q. You did not see him take them, did you?</p>
<p>Gardner. No. I went and called the Fowls, and there were two missing.</p>
<p>Q. What that Night?</p>
<p>Gardner. Yes.</p>
<p>Q. What Time of the Night was it that you got up?</p>
<p>Gardner. At 11 o'Clock, or something better, between 11 and 12, and I went and called them all.</p>
<p>Q. Where did you see the Fowls when you called them?</p>
<p>Gardner. In the Yard; some were frightened down, and some in the Trees. I got up to the Trees to tell them, and two were gone.</p>
<p>Q. So all the Fowls did not come down?</p>
<p>Gardner. No.</p>
<p>Q. How many Trees are there?</p>
<p>Gardner. There might be about a Dozen.</p>
<p>Q. And did you look over them all?</p>
<p>Gardner. Yes, I look'd them all over, and missed two; and I called them the next Morning, and two were missing.</p>
<p>Q. How many Fowls had Mr Wood the 19th of October.</p>
<p>Gardner. Nine.</p>
<p>Q. How many had he in the Morning when you told them?</p>
<p>Gardner. Seven.</p>
<p>Q. Did you know how many Cocks, and how many Hens he had?</p>
<p>Gardner. I don't know.</p>
<p>Q. How do you know that any were lost, if you don't know the Number of Cocks and Hens?</p>
<p>Gardner. I knew them by the Colour of them.</p>
<p>Q. In what Capacity did you live with Mr Wood?</p>
<p>Gardner. I lived as a Waiter.</p>
<p>Q. What is the Prisoner at the Bar?</p>
<p>Gardner. When I know'd him first, he used to work with his Father in the Woods.</p>
<p>Q. Did you know him when you saw him that Night?</p>
<p>Gardner. Yes, I knew him.</p>
<p>Q. Why did you not call him by Name then?</p>
<p>Gardner. It did not come into my Head.</p>
<p>Q. to <rs type="persName" id="t17461205-13-person219"> <interp inst="t17461205-13-person219" type="role" value=""></interp>
Wood Did <interp inst="t17461205-13-person219" type="surname" value="Did"></interp>
<interp inst="t17461205-13-person219" type="given" value="Wood"></interp>
<interp inst="t17461205-13-person219" type="gender" value="male"></interp>
</rs>
you never search this young Man's House for the Fowls?</p>
<p>Wood. No.</p>
<p>Q. Was your's such tame Fowls, that they did not make a Noise at that Time of Night?</p>
<p>Wood. I did not hear they did.</p>
<p>Court. That's very strange indeed!</p>
<p>Jury. We have heard many a Story of a Cock and a Bull, but never heard such a Story of a Cock and a Hen.</p>
<p> <rs id="t17461205-13-verdict55" type="verdictDescription"> <interp inst="t17461205-13-verdict55" type="verdictCategory" value="notGuilty"></interp>
Acquitted </rs>
.</p>
</div1>

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