John Fisher

341

Maureen Withey on 28th January 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 January 2023), October 1803, trial of JOHN FISHER (t18031026-63). JOHN FISHER, Theft > animal theft, 26th October 1803. 767. JOHN FISHER was indicted for feloniously stealing, on the 14th of October , a grey mare, value 7l. the property of Daniel How .(The case stated by Mr. Gurney.) JAMES BURNER sworn. - Examined by Mr. Gurney. Q. Are you servant to Mr. How, the prosecutor? - A. Yes, his apprentice. Q. Where does he live? - A. At Aylesbury, in Buckinghamshire . Q. On the night of the 13th of this month, did you see the mare in the field? - A. Yes, I did, I put her there. Q. What colour was she? - A. A grey mare. Q. Did you fasten the gate? - A. Yes. Q. What time in the evening? - A. About six o'clock. Q. On the morning of the 14th, did you go to the field? - A. Yes. Q. Did you find the mare there, or gone? - A.Gone. Q. How did the gate appear? - A. The gate was shut. Q. Was there any fastening? - A. No. Q. Have you seen the mare since? - A. Yes, on Saturday last; I saw her in my master's stable. Q. Is that the same you lost? - A. Yes. DANIEL HOW sworn. - Q. In consequence of some information you received, did you come to town? - A. Yes. Q. Did you find your mare in town? - A. Yes, in the hands of the constable. Q.What day was that? - A. The 18th. Q.When had you missed it? - A. On the 14th. - MARNHAM sworn. - Examined by Mr. Gurney. Q. You are a farmer at Acton? - A. I am. Q. On the morning of the 14th of this month, did you see the prisoner? - A. Yes, on Ealing Common; he was on foot, leading a grey mare along the road. Q. Did you offer to buy the mare of him? - A. Yes, I asked him if he would sell it; he said he would; I asked him what price he would have for it; he said, eleven pounds; I told him I was not a judge of it, that I would give him five pounds for it; he then said, if I would give him six pounds, I should have it; I told him, if he would take the horse into the yard, I dared to say he and I should make a deal, which he did; I asked him to go to a public-house, and have something to drink; he said he would have some beer; I said, what do you mean to say about the mare; he said, if you will give me half-a-guinea more, you shall have it; that was half-a-guinea more than the five pounds; I told him I thought he had not come honestly by it, and I should take him, and the mare too, which I did, and sent for Maynard, the constable, and gave him in charge. Q.While the mare was in your custody, did you shew her to Mr. How? - A. Not that I know of. Q. On the 18th, or 19th, did you see Mr. How? - A. No. Court. Q. What do you think is the value of the mare? - A. I suppose it is worth ten pounds. Q. What age is it? - A. It is an aged mare, I cannot say any thing to it; the mark is out of the mouth; if I had wanted such an one, I dare say I should have been glad to have given ten pounds for it. Q. Is five pounds, and half-a-guinea, clearly short of the selling value? - A. Yes, I think so. Prisoner. Q. What did I ask you for the mare the first time? - A.Eleven pounds. Q. You said, I will give you five pounds, and I said, I dare say you will, and another to it, for it was worth twelve pounds? - A. I never heard him say any thing about twelve pounds. THOMAS- PEARSON BAYNARD sworn. - A. Are you a constable? - A. Yes; I was sent for, and took the prisoner into custody; I had some conversation with him, but could make nothing of him, till after we had been before Mr. Wegg. Q. Had you given him any promise of favor, or threatened him, to induce him to say any thing? - No; he told me what his father was; I asked him what he could think of himself for bringing such disgrace on him; he said, he was very sorry for what he had done, for that he had stolen the mare belonging to Daniel How , of Aylesbury; I asked him what time he set out; he said he took it out about nine o'clock, and set off about ten at night the night before; he told me his father was a respectable man; I told him I would write to Mr. How, and he begged me to write to his father, which I did; I shewed the mare, which was taken from the prisoner, to Mr. How, on the 18th. Q.(To Daniel How .) Was the mare that you saw, and which was shewn you by the last witness, the same you lost on Thursday, the 14th? - A. Yes. Q. What do you consider the value to be? - A. I thought it was worth seven or eight pounds; she is getting old; I suppose she is ten years old. Prisoner. I have nobody here, or any thing to say. GUILTY , Death , aged 19. Recommended to mercy by the prosecutor, on account of belonging to a respectable family. First Middlesex Jury, before Mr. Justice Chambre. -------------------------------------------------- Hulk Record HO-9-8_3 Captivity Hulk, at Portsmouth. Received 21 prisoners from on board the Portland, Langston Harbour, 7 Jan 1804, John Fisher, age 19, C.R. (Capitally respited). Tried at Middlesex 26 Oct 1803, BS 7 years, Sent on board Fortune 9 Jan 1806.