Joseph Barnes

343

Maureen Withey on 6th July 2020

NSW 1828 Census at Parramatta. Householder- Joseph Barnes, resident at Parramatta. Joseph signed his mark X. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 06 July 2020), February 1797, trial of JOSEPH BARNES (t17970215-4). JOSEPH BARNES, Theft > animal theft, 15th February 1797. 121. JOSEPH BARNES was indicted for feloniously stealing, on the 27th of January , a gelding, value 5l the property of Edward Vincent . EDWARD VINCENT sworn. - I live in Lower Thornhaugh-street; I was in London at the time of the robbery. Q. Have you any residence at South Mims ? - A. Yes; a country-house; I lost a gelding, I was informed of it two days after by George Barnes . GEORGE BARNES sworn. - I am servant to Mr. Vincent. Q. Do you know any thing of the loss of a horse of Mr. Vincent's? - A. Yes, a bay horse, we lost it last Friday fortnight in the evening; it was in the farm-yard at South Mims; I saw him about six o'clock in the evening, and I missed him about six o'clock on the Saturday morning. Q. Was the yard fastened? - A. No otherwise than the gate shut. Q. Was the gate shut when you looked in the morning? - A. No. Q. Are you sure you left it shut? - A. Yes. Q. Were there any other horses in the yard; - A. Yes, one mare; they were both gone, the mare was got into a neighbour's yard. Q. Are you sure you fastened the gate of the yard? - A. Yes. Q. When did you see this horse afterwards? - A. On the Saturday week, at the office in Worship-street. Q. How do you know it to be the same horse? - A. I am very certain it was the same horse, he had some white on his face, and some white spots on the back, and some spavin on his off hind leg. Q. Was it a riding horse or a draught horse? - A. Between the one and the other; sometimes we used to ride it, it was used generally for drawing. HUGH SANDIMAN sworn. - Q. Do you know the prisoner, Joseph Barnes ? - A. I do. Q. Have you had any dealings with him about a horse? - A. I have, I am a horse-slaughterer. Q. Where do you live? - A. In Haggerstone-lane, Shoreditch; I bought a bay horse of the prisoner, the 27th of January. Q. What day of the week was that? - A. On the Friday. Q. What time of the day? - A. Between the hours of twelve and one; between Friday night and Saturday morning. Q. What passed between you and him-whose horse did he say it was? - A. One Mr. Brown's at Hertford. Q. Did he say any thing more about it? - A. He told me he came up early in the morning with seeds to Spital-fields market. Q. How came you up so early? - A. I was not up, he called me up. Q. Had you seen him before? - A. Yes, many times. Q. He knew where you lived? - A. Yes. Q. You had known him some time before? - A. Yes. Q. What did you give him for the horse? - A. Twenty-five shillings for his master, and a shilling for himself. Q. What were you to do with this horse? - A. When he came in he gave me his name; Will, says I, what is the matter with this horse? he said, his master's farrier said it was glandered, and he would not trust it along with the other horses. Q. You called him William? - A. I called him Will, he gave me that name, Will. Q. Did any thing more pass? - A. Nothing more at that time at all. Q. When did you hear this was a stolen horse? - A. I sold it again to a man that works with me occasionally, John Wilshire. Q. When did you sell it? - A. On the next day, to the best of my knowledge. Q. What did you sell it for? - A. Three guineas. Q. Do you know any thing more? - A. No, only the apprehension of him; I apprehended him myself in Kingsland-road, opposite the White-hart, on the 2d of this month, about eleven in the day. Q. Did you tell him what you apprehended him for? - A. When I came up (I was going to take a coach to go to Hertford, to the man he said was his master), I looked on my left hand, and saw the man; I was heartily glad, I went up to him and took him by the hand, and asked how he did; he said, very well, he was glad to see me; I said, I was glad to see him; he asked where mistress was; I said, over the way; I gave charge of him; he said, what, my own cousin to go against me? Q. You are related to him? - A. I am not related; his own cousin is Squire Vincent's servant; he would insist upon seeing his master's property that he sold to me; I sent my wife to bring the horse up to him, and when he saw the horse, he said, I am a done man, or a dead man, I cannot say which; he went down on his knees, and said, I hope for God's sake you will not hurt me. Q. You are sure that the horse was the horse you bought of him? - A. Yes. Prisoner. I never knew the man, so I have nothing to ask him. JOHN WILSHIRE sworn. Q. Did you buy a horse of Hugh Sandiman? - A. Yes. Q. What coloured horse was it? - A. A red one. Q. What day did you buy it of him? - A. The 30th of January. Q. Where is that horse? - A. Esquire Vincent has got it. Q. What did you do with the horse after you bought it of him? - A. I took it home, and had four new shoes on it. Q. Is it in your possession now? - A. No; the gentleman has got it that belongs to him. Q. Is the horse you bought of Sandiman, the same horse Vincent has now? - A. Yes. Q. (To Vincent.) I understand that you have the horse Wilshire bought of Sandiman? - A. Yes; it was delivered to George Barnes, the witness examined after me; I cannot recollect the day, but it was delivered by the order of Justice Colquhoun, last Saturday week, I believe. Q. Is that horse your property? - A. Certainly. Q. Will you mention the marks of the horse? - A. I cannot; I have hardly seen it since I bought it; I am acquainted with the horse by sight, but cannot describe the marks of it. Q. You was not there at the time the horse was lost? - A. No. Q. You lest it in the care of Barnes? - A. Yes. GEORGE HUDSON sworn. - I was sent for to take charge of the prisoner at the White-hart, opposite where he was apprehended. Q. Did any thing pass between you and him? - A. He said a good deal at the public-house; he threw his hat on the ground, and sell on his knees, and held his hands out to Mr. Sandiman and another person, and begged for God's sake they would not hurt him, for he was the person that sold the house that was stole. SAMUEL HARPER sworn. - I know nothing about it, only being one of the officers at Worship-street, and being desired to deliver up the horse to the servant. Q. (To Sandiman.) You say, that when you charged the man, he insisted upon seeing the horse? - A. He did. Q. You got the horse, and shewed it him? - A. Yes; we got it in half an hour; I sent to Wilshire's stable for it, in Northampton-treet, Clerkenwell. Q. Who carried the horse to the office in Worship-street? - A. Wilshire himself. Q. Was you there when Wilshire brought it? - A. I was, and had the prisoner there. Q. It was the same horse? - A. It was. Prisoner's defence. The time this happened I was at work; my witness did not expect I should be brought up till to-morrow. GUILTY Death . (Aged 25.) Tried by the first Middlesex Jury, before Mr. Justice ROOKE. --------------------------------------------------------- Joseph Barnes, age 50, T.L., per Hillsboro’ 1799, life, labourer, protestant. Margaret Mason, age 55, F.S., per Experiment, 1804, 7 years, residing with above, protestant. Margaret Hannabas, alias Edwards, age 46, F.S. per Britannia, 1798, 7 years, Washerwoman, R. Catholic.