Richard Hayes

341

Maureen Withey on 14th October 2022

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 14 October 2022), January 1827, trial of RICHARD HAYES (t18270111-57). RICHARD HAYES, Theft > animal theft, 11th January 1827. 334. RICHARD HAYES was indicted for stealing, on the 20th of July , at Edmonton, 1 ox, price 14l. , the property of John Keene . Mr. BARRY conducted the prosecution. JOHN KEENE . I am a farmer and cattle-dealer , and live at Glastonbury, in Somersetshire. On the 20th of July, 1824, I had seventy-two or seventy-three oxen to take to Brentwood fair - I employed the prisoner to help me; I accompanied him all the way, and at Edmonton, in the night, we missed a lame ox; somehow or other we passed by it. I proceeded to Brentwood, and sold twenty-eight of the oxen to Mr. Mansfield, who lived at Ougar - I believe the prisoner was present - I arranged to sell the stray ox to Mansfield: I sent the prisoner with the twenty-eight to Mansfield - I ordered him to go and find the stray ox, and take that also to Mansfield. I did not see the prisoner again till about the middle of last year, when he was at Wells, in Somersetshire - I asked him where he had been, and what he had done with the stray ox; I did not hold out either threat or promise to him - he said he had found it, and taken it to Mr. Mansfield, who refused to take it in, and he had sold it: I asked who to, and I think he said he did not know - I had not at that time traced it, and did not then give charge of him; he said he had sold it for twelve guineas; I had given him no authority to sell it to any one, but to deliver it to Mansfield, who was not to pay him; in consequence of information, I had him apprehended about six weeks ago - I pointed him out to the officer, but did not hold out either threat or promise to him; he was then in employ as a drover - he said he had 3l. or 4l. coming to him, which he would give me, and he thought he could get his master to make up the rest. The last time I had seen the ox was in Edmonton parish, in the evening; it was missing in the morning - we had brought all the drove to where they rested; it was with the rest of the herd when they were put up to rest at night at Edmonton, and in the morning, when we were going to proceed on the road, it was missing. Cross-examined. Q. Are you a cattle-dealer? A. Yes - I buy a good many in the course of a year - I sometimes keep them a good while, and sometimes sell them directly; this was a fine red Devonshire ox - a great many Devonshire oxen are red. I put them up at Edmonton on a high land, at the side of the road - it was in July, 1824. I inquired all I could about it, and inquired about the prisoner, but did not seek him much, as I thought my case was not strong enough till I had found where the ox was. I have seen him several times in Somersetshire since July, but never exchanged a word with him, except when I asked what he had done with the ox. I was before Mr. Alderman Wood on the 18th of December, and before another Magistrate afterwards; I do not know what the Magistrate said, but remember he would have admitted him to bail, if he could have got it - he was apprehended in the open market in Smithfield. COURT. Q. Did he leave you before his work was finished? A. I had ordered him to take the beast to Mansfield; there was no particular agreement as to how long he was to be with me, but when he had found the ox, he was to have met me at Romford market on the following Wednesday, and he did not - it was a red ox, of the Devonshire breed. THOMAS MANSFIELD . I live at Abridge, near Ongar, in Essex. I was at Brentwood fair in July, 1824 - I am a farmer - I bought twenty-eight head of cattle of Keene at the fair, and I heard him give directions to the drover who brought the beast (I do not know who the man was), he was to go and seek the ox that was lost - I was to give 13l. 10s. each for some of the twenty-eight, and if I liked the stray one, I was to give the same - it was described to me as the same as part of what I had bought; they were Devonshire breed, and pretty fine cattle; the man delivered the twenty-eight at my place at Abridge; I never received the other, or saw the man any more. Cross-examined. Q. Had not Keene another drover? A. He has several - the directions were given at Brentwood. JOHN KEENE , re-examined. I had one more drover with these cattle - he never left me; I took him to Colchester with me - he did not leave my employ. JOHN WHITBREAD . I am a farmer, and live at Edmonton. About the latter and of July, 1824, I recollect buying an ox of a person at my house at Edmonton - I cannot swear positively to the man, but I do believe it was the prisoner; he was very much like the prisoner: I gave 12l. 10s. for it; it was a red Devonshire-bred ox - I did not notice its age minutely. I grazed it till October, then stall-fed it till January, 1825, and sold it for slaughter, for 20l.; I think it was four or five years old. Cross-examined. Q. You see a good many oxen, of course, in a year? A. Yes. I have a very strong impression that the prisoner is the man - I have a general impression that he is like the man. JOHN ROW . I am an officer - I apprehended the prisoner in Smithfield on the 18th of December - he wanted to make the matter up with Mr. Keene, by paying something by instalments: I did not hold out any threat or promise to him - he stated to me that he had sold the ox, and kept the money for his master two or three days at a public-house, but his master did not come to him. JOHN KEENE . I first employed him at Glastonbury - he knew where I lived very well; he was brought up in the same neighbourhood. GUILTY - DEATH . Aged 42. Recommended to Mercy by the Prosecutor . -------------------------------------------------- HO 17/25/1781827 Jan - 1827 Feb Prisoner name(s): Richard Hayes. Prisoner details: Aged 42. Labourer and driver of Wells, Somerset. Court and date of trial: Old Bailey Sessions, January 1827. Crime: Cattle stealing, namely one bullock value £14, the property of John Keene of Mare near Glastonbury, Somerset. Initial sentence: Death. Annotated (Outcome): Considered at report in Council 14 March 1827. Petitioner(s): Richard Hayes, the prisoner, undersigned by John Keene, the prosecutor, and 125 farmers, graziers and other inhabitants of Glastonbury and neighbourhood. Two petitions from 76 and 77 inhabitants of Wells, Somerset. Grounds for clemency (Petition Details): The prisoner has a good character, being entrusted with cattle and money by many respectable employers; he is a widower with four children to support; the cattle drove at which the beast was lost took place two and a half years ago and was accompanied by the prosecutor. Other papers: Letter on behalf of Mr Edwards requesting outcome of petition. Depositions and copy depositions of Samuel Loxton, shoemaker, John Hurman and Obed Willcox, yeomen, and Mary Rossiter, widow, all of Wells. Additional Information: Prisoner held in Newgate gaol. ---------------------------------------------------