319. ROBERT WALKER proceedingsdefend was indicted for feloniously stealing, on the 22d of March last, nineteen wether sheep, value 25l. the property of Rose Beckford proceedingsvictim , Esq. (The case was stated by Mr. Lockhart.)

WILLIAM WILLIS < no role > sworn. - Examined by Mr. Raine. Q. You are bailiff to Rose Beckford, Esq.? - A. Yes, at Hitchin, in Hertfordshire; I saw the sheep in the sold on the 19th of March, on a Tuesday; I did not go to the sold the next morning, because the shepherd told me the sheep were missing; I missed nineteen wether sheep.

Q. Did you afterwards see any of those sheep, and in whose possession? - A. Yes, I saw eight afterwards.

Q. How long afterwards? - A.About the 9th or 10th of April, it was on a Wednesday, I saw eight of these wether sheep at Mr. Field's, a butcher, in Whitechapel; I immediately knew them to be my master's property, by some of the brand R B being visible, and some not in the middle near side; there was one large horned sheep; the horn was particular, it was what they call a reek sheep, which are subject to have thicker horns; I can speak particularly to that, and I can swear that all the others were Mr. Beckford's property; I saw the large horned sheep in Mr. Field's pasturing-place.

THOMAS LVORY < no role > sworn. - On the 20th of March I met Robert Walker < no role > as I was going to Cheshunt; I drive a team; I met him between Enfield-highway and Cheshunt; I know him very well; I knew him before, that made me speak to him then, or else I should never have thought of speaking to him; I had known him a year before that, because he lived in the neighbourhood; he was driving sheep in the road towards town; I do not know how many, I cannot guess or say how many there were, because I had no thought about it; I did not observe whether they were marked; I asked him where he was going with them; he said, to Smithfield; I asked him whether any body was with him; he said, no; it was Wednesday; I cannot exactly say what hour it was, it might be nine or ten o'clock, or thereabouts

Q.(To Willis.) What time did you miss the sheep? - A. Wednesday morning, about six o'clock.

Q.(To Ivory.) Did the prisoner tell you where he had brought them from? - A. He said, he had brought them from Hitchin, out of Hertfordshire; I apprehended him afterwards on Whitsun Monday, between Barnet and Enfield.

Q. How many days afterwards was it that you saw him the first time? - A. A long time, that was in March, and it was Whitsun Monday I took the lad; I cannot tell how many days it is.

Q. Was he in service when you apprehended him? - A. He was along with a one-horse cart and a load of goods when I took him.

JONATHAN TAYLOR sworn. - I live at Ponder's-end; I remember seeing the sheep on the 20th of March, at the back of a field of mine upon the common, about eleven o'clock; there were nineteen sheep, they were wether sheep, and there was a B plain enough, but I cannot positively say what the other mark was that was before it; it was on the near side, about the middle: I did not see the prisoner at the bar at that time; I saw some lad with them in the evening; I was at a distance; I cannot say I should know him, I was a hundred yards distance in my own field; he was in a smock frock; it was near dusk; I did not see him do any thing, he was only by the side of the sheep; I saw them the next day till the evening again; I moved them from the side of my field down the common, and I saw a lad in the evening move them away; it appeared to be the same lad I saw before, he was dressed the same, as near as I could guess, with a smock frock on, that is all I know of it.

Court. Q. You don't speak to the prisoner at all? - A. No.

Q. Ponder's-end is nearer town than Cheshunt? - A. Yes; Ponder's-end, from Cheshunt, is about three miles.

Q.(To Ivory.) At the time you saw the prisoner on the 20th of March, how was he dressed? - A. In a smock frock when I saw him; what he had else I cannot say.

JOHN ROBINSON < no role > sworn. - I am pen-man to Mr. Payne, who is a salesman in Smithfield-market.

Q. Do you know the prisoner? - A. Yes; he drove several lots of sheep in Mr. Spencer's name; I have known him, I dare say, four or five years; he has been in the habit of bringing sheep for Mr. Spencer.

Q. Do you remember, on Good Friday, the 22d of March, his bringing any sheep to you? - A. Yes.

Q. Where did he bring any to you? - A. When I came down from Islington, they were in the pen; he told me he had nineteen sheep for Mr. Payne to sell; they were in Mr. Payne's pen.

Q. Did he say he had them to sell? - A. No, he said they were for Mr. Payne to sell; he broughtthem himself about six o'clock in the morning, it was light; there were nineteen, I always tell them for my own safety; I did not observe the mark; there was a brand on the near side, but it was a very blind brand; I can read a brand when I see it; I did not observe the letters.

Q. Was there more than one? - A. It looked like two.

Q. In what condition were the sheep? - A. They were in stock, not fit to kill, he did not inform me whose sheep they were; when I saw my master, I told him of it; the prisoner was present; the prisoner delivered them to me, and I delivered them to Mr. Payne, in Smithfield-market, the same day, not above three quarters of an hour afterwards; I was not present at any conversation that took place between the prisoner and my master about the sheep.

SIMON PAYNE < no role > sworn. - Examined by Mr. Raine.

Q. I believe you are a salesman in Smithfield market? - A. Yes; I asked my man where the sheep were; I looked at them, and handled them, there were about nineteen or a score of sheep.

Q. How soon after you made the enquiry, did the lad appear? - A. In a very few minutes; I went to him, and asked him how Mr. Spencer came to send such sheep, for it was robbing him to have such sheep in the market; the markets were so low at that time, and the sheep not fat; his reply was, that they were his uncle Walker's, and he had so many sheep, and the keep was short, that they must be sold. I never saw the sheep till then; I am not a buyer of sheep, I sell them; I sold them for this Mr. Walker whom he told me was his uncle.

Q. Without further enquiry? - A. Yes.

Q. Did you happen to see the letter W on them? - A. No; we don't look at the brand one time in twenty; that is the way I usually do business; there is not one in ten that does it; we have no business to look at them; I did not examine them, our business is to look as to the value of them.

Q.(To Robinson). Did the prisoner say any thing to you about Spencer? - A. I thought they came in the name of Spencer, as he had brought many lots; I told my master I thought they were Mr. Spencer's.

Q.(To Payne). You did not look for W? - A. No; I looked for no letter; I did not see any letter upon any of the sheep like B; if I was to say I did, I should tell you a story; I told them, and sold them according to my price, I had no notion of their being stolen. I sold them to a Mr. Collier of Romford; I can tell how many sheep I am to sell when my man tells the number, I could not tell before; I sold nineteen to Mr. Collier of Romford, of the Wiltshire kind; they were wether sheep; one had a thickish horn, I did not see any letter, we go on and do our business all in an instant; I have seen Mr. Collier to-day, he is in court, and subpoenaed as well as myself. I gave the lad an order to my book-keeper, upon a piece of paper, for nineteen sheep, at 24s. per sheep; I don't know who paid the lad the money; 24s. was the value of them on that day; my character stands pretty good, or I should not return between seventy and eighty thousand a year.

WILLIAM BRADLEY < no role > sworn. - I was servant to Mr. Young; I know the lad at the bar, I remember him very well; he brought a little bit of paper, it was written John Walker < no role > to Collier, nineteen sheep at 24s.; I made out the bill, and paid him the money, it amounted to 22l. 16s. When Mr. Payne came in after selling the stock, he solded them all together; I paid him 22l. all in one pound notes; they amounted to 22l. 16s. I paid 22l. 16s. 6d. for nineteen sheep sold by Mr. Payne, at 24s. a sheep, the remaining 9s. 6d. was for commission; that was betwixt eleven and twelve, on Good Friday, I remember it very well; I asked him if they were Mr. Walker's, and he said John Walker < no role > ; he was anxious to be gone, and to have the money.

THOMAS COLLIER < no role > sworn. - I live at Romford: I remember purchasing, on Good Friday, nineteen wether sheep, as I believe them to be, between eleven and twelve; I hired a man to drive them home, they were driven out of the market about twelve o'clock; I saw them delivered to my man; one sheep was a thick horned sheep, there was a brand, but I cannot say what it was, I believe it was on the near side; I afterwards disposed of them, I marked them with red oakum down the rump; I sold them to Mr. Field, of Whitechapel, at Romford, about a fortnight after, it was on a Saturday I sold them, I don't know the day of the month, his drover drove them up; I did not buy any more sheep than those nineteen that day; I bought more sheep in the fortnight, but I did not keep them with the others; I sent them out to keep; I kept none at home but those I sold to Field. I can swear that those I bought in the market, I sold to Field; I sold him eighteen, and I killed one.

WILLIAM FIELD < no role > sworn. - I am a butcher, in Aldgate High-street, commonly called Whitechapel: I bought some sheep on the 1st of April last, at Romford, on a Saturday, they were eighteen wether sheep there was a brand on the near side, and a mark of oakum on the rump; there was one particular skin that was not defective, that was marked R B on the side, it was one of the sheep bought of Collier; there was one of them a thick horned sheep; there was a country drover, I called tohim, and told him there are eighteen sheep at Mr. Collier's, you bring them up, which he did; he brought them up to Mile-end; and my drover brought them home; I am satisfied the sheep I had delivered to me were the sheep I purchased at Romford; I examined them, and I observed the thick horned sheep among them, and they were all red oakum'd down the rump; before any enquiry took place, I had killed ten; the skins were gone and sold to the tanners; I sold the whole together when I sold them; I was not at home when Mr. Willis came; then there were eight remaining, and the thick horned one among them; that was the Saturday after the Thursday I spoke of; since Mr. Willis has seen them, I killed the others; I told them I would keep one of the skins, but my servant gave it to the sell-monger with the others; I did not know any thing about it; Willis saw them on the Thursday, I took him to the stable myself; they were along with a great many more sheep, and he pointed them out himself; then I said, those are the sheep I bought of Collier; says I, we will draw them out, there were eight; he recollected the thick horned sheep very well.

Q.(To Willis.) You picked out eight? - A. Yes.

Q. Are you satisfied they were the same that were lost? - A. I am clear of it.

Prisoner's defence. A man gave me a shilling to drive them through the turnpike; he asked me for six or seven pounds of the money; he wanted me once to do it before, but I would not do it for him.

GUILTY Death . (Aged 14.)

The prisoner was recommended to mercy on account of his youth.

Tried by the London Jury, before Mr. RECORDER.