James Iseaby

135

C H on 29th February 2024

Old Bailey Online JAMES ISEABY. SAMUEL GARRAD. THOMAS SPARKS. Theft; stealing from master. 16th February 1832 Text type Trial account Defendants JAMES ISEABY, SAMUEL GARRAD, THOMAS SPARKS Offences Theft > Stealing from master Session Date 16th February 1832 Reference Number t18320216-176 Verdicts Guilty, Guilty, Guilty Punishments Transportation, Transportation 682. JAMES ISEABY , SAMUEL GARRAD and THOMAS SPARKS were indicted for stealing, on the 11th of February , 16 bushels of oats, value 2l. 8s., and 2 bushels of chaff, value 1s., the goods of Henry Gray , their master . MR. BODKIN conducted the prosecution. HENRY GRAY. I am a livery-stable keeper - my premises are in Earl-street, Blackfriars ; Iseaby was my head ostler , and has been so since March, 1830; he has been in my employ eight or nine years. On the 10th of February, in consequence of some suspicion, I made arrangements to watch on the premises at night; my premises are entered at a gateway - on the left side of the ride is my house door, and on the opposite side are stables, numbered 1 to 5; they then turn a corner, and there are Nos. 6 and 7 - a large coach-house, and then No. 8, which is close to the dung-hill - the granary is over stable No. 3, on the right-hand, and the door is nearly opposite my house door; a room is built over the ride, from the side of my house, and joins stables Nos. 2 and 3 - there is a window at each end of that room, one looking towards the gate, and the other to the back part of the ride; I stationed Unwin, one of my post-boys, in that room - the prisoner Sparks was in the employ of a person who took away my dung; Garrad had also been in that person's employ - the usual time to come for the dung was six o'clock in the morning; on the morning in question, about twenty minutes to four, Unwin made a communication to me, and I went on the roof, near a sky-light, where I could see the granary - Unwin went out of the bed-room window on to No. 5 stable; he could see the back part of the yard - the first thing which attracted my notice was a small glare of light from the sky-light, which I presume was a candle being lighted by a gas-light which was near, but not in view; I then observed a man pass under the sky-light from the direction of the lamp to No. 3 stable - I did not perceive any thing in his hand: from the external appearance I believe it to be Iseaby - he had no light; the next thing attracting my attention was lights appearing through the granary - this was in a very few minutes: we have a number of pantile lights, made of iron and a pane of glass - I observed a number of these burning; they are used to light the granary - about half-past four o'clock the bell rang very loud, and was not answered; it was rang again, and then the lights were extinguished, and the person was let in -I found it was Montague; he went up the yard, towards his place of business, and I observed somebody come back again down the yard, obtain a light, and go up to the stable again, in the same direction - at three quarters past five o'clock the horse and cart were brought down the yard, and the cart placed towards No. 3 - I had seen that cart when I was first alarmed, just under the room where Unwin was watching; it was backed a little towards No. 3 - I observed a full sack cast into the cart; Sparks took it up, and placed it towards the body of the cart - I called Unwin; a person in a red night-cap immediately pitched up some dung or litter into the cart, which Sparks threw over the sack - four sacks were passed into the cart: I could not see who the person was that put them in - Sparks was in the cart; Unwin and I immediately passed through the house - I sent him for an officer; I opened the gate and let him and the officers in- they went up the ride to where the cart stood; I found Sparks on the cart, Garrad behind it, and Iseaby came out of the door of No. 3 stable, which has a loft over it - that is on the same floor as the granary; the granary is separated from the other parts of the loft by an inclosure - the stable No. 3 does not go directly into the granary; the prisoners were then taken into custody - it was Iseaby's duty to lock up the granary every night, and deposit the keys in a desk in my office, then to lock the office, and to bring to my house the key of the office; I went up into the granary, and found the door open, and the key in the lock - I know it was the regular key; there was a small quantity of oats in the granary - I am satisfied the oats had been moved from the granary to the cart; I have samples of both the bulk and that in the cart - I have no doubt of them. Cross-examined by MR. CLARKSON. Q. It was the duty of the dung contractor to come at six o'clock? A. Yes - it appears they have been in the habit of coming at all hours in the night, but not with my knowledge; I knew it by information, but did not approve of it - I had Unwin in my sight all the time he was on the roof; I told the Magistrate I believed from the outward appearance that it was Iseaby who came from the gas-light - I do not recollect telling the Magistrate I did not know who it was; he was dressed - he appeared to have drab coloured clothes on, but I do not swear that; he had no hat on, but something in the shape of a cap - he had no smock-frock; I thought it was a cloth coat, but at that distance I cannot positively swear what description of coat, but swear he had a coat; I could not tell what the materials were - I have not sworn he had no coat on; if I have said I could not tell whether he had or not, I did not mean to say so - Iseaby knew Montague perfectly well; he was coming in to go to his business - he had come in late the night before, and had orders which required him to come early that morning; if Iseaby did not know that, he ought to - I should think he must have known Montague was on the premises; I saw French up the yard; Sparks got off the cart when the bell rang, and French passed the cart - Sparks then got into it again; the granary was over No. 3, and the bean granary over No. 1 - whether Iseaby has invariably brought the granary keys to the office at night, I cannot state, but it was his bounden duty to do so; my strict orders were that it should be done - it was never omitted, to my knowledge; the key of the office was brought that night - he had the care of the office, and it was his duty to put the key of the granary there; there was no specific hour to lock the office - it might be done at six or seven o'clock; the keys were generally put there about my tea time - it was his duty to take care of both granaries alike; we call him head ostler - it is a place of confidence; I left him in charge during my absence. Q. Had you the slightest reason to find fault with him? A. I had; a bridle was lost out of the stable three or four years ago, or it might be longer - I have no memorandum of it; I have frequently complained of his getting drunk within the last twelve months. Q. Why not discharge him? A. The truth is, he was my customer's servant, and not mine, for he had a good hold of them. Cross-examined by MR. HEATON. Q. Who is the person that takes your dung? A. Mercer - I believe Garrad has been many years in his employ; Montague and French were at their regular employ while the cart was being loaded; I was certainly surprised to see this done after Montague came in - Isenby knew the dung was not to be fetched before six o'clock - I never told Garrad so. MR. BODKIN. Q. What duty would devolve on Montague and French? A. To feed their horses, and clean their harness to go out about eight o'clock - they generally clean their horses inside the stable No. 8, which is the further stable round the corner out of the ride - they would have no view of the granary; Montague was more likely to have come at eight o'clock than at that time. Q. Is there any proper purpose for which the cart could have been opposite stable No. 3? A. It would have been their business to have been there to take the dung from the door, but not to turn the tail of the cart to the door. SAMUEL UNWIN I am in Mr. Gray's service, and have been so for seven years. On the 10th of February, by his desire, I sat up to watch in the room over the gateway - about twenty minutes past four o'clock my attention was attracted by the dung-cart stopping at the gate, and in a moment I heard a very gentle ring indeed at the gate; I was so much awake that I heard the cart stop before the bell rang - I saw Iseaby go and open the gate; the cart came in - Sparks and Garrad were in it; Iseaby had the charge of the gate that night - the cart was backed up the yard, towards the counting-house, and round the corner, by No. 6, towards the dung-hill; I went and met master coming down stairs - I went through the house, and got on the roof to a side window, which commanded a view of the dung-heap; I saw Sparks and Garrad place a ladder, which we use to light the gas with; they placed it against the loft over No. 6 - master at that time was standing near a sky-light, against No. 3 loft; (I could see him, but it was rather dark) - I saw Sparks and Garrad ascend the ladder into the loft, with a candle, and the moment they entered, Mr. Gray called to me that there was a light in the loft; I said, "I know it, Sir - hold your tongue;" the ladder was then removed, and in a moment after I saw Garrad walking up the yard, towards the dung-hill; he had come down the ladder, and taken it away - he was on the ground, against No. 6; I had not seen how he came down - I then saw Garrad back the cart up to the dung-hill, and could see him throwing dung up into the cart; about half-past four o'clock the bell rang twice, the second time was rather violent - I could not see who answered it, nor see the gate, where I was; Montague came in, and went up to the top stable, No. 8 - the cart being in the way I could not see him go into the stable, but that was his place; after that I saw Garrad bring the cart down from No. 6 to opposite No. 3, before the loft window - master then called me to him; I saw sacks put into the cart - I could not see by whom; I was then sent for an officer - I went through the house, and fetched one. Cross-examined by MR. HEATON. Q. Is Garrad a married man? A. I have heard so; Montague must have gone by the cart to get to his stable - Garrad was Spark's assistant. LYDIA JOHNSON . I am in Mr. Gray's service. On Friday night, the 11th of February, between nine and ten o'clock, Iseaby brought me the key of the counting-house. SAMUEL DOWDNEY . I am an officer. I took the prisoners in charge; here is a sample of the corn taken out of the cart. MR. GRAY. I have a sample from the bulk, which I have compared with that in the cart; they correspond. WILLIAM MONTAGUE . I was in Mr. Gray's service. I came on Saturday morning as the watchman was calling half-past four o'clock; Iseaby opened the gate - I asked him for a light; he said the dung-men had got it, up the yard - I went to the dung-men, and they had no light; the gas gave a very fair light on the dung-hill, sufficient to take the dung away - I went into No. 8 stable. Cross-examined by MR. CLARKSON. Q. Iseaby had no notice at what time you would come? A. Not at all; I rang twice; he slept in No. 2; the bell does not go into that stable, but hangs a very little way off; the dung men had no light at the heap; whether they had it else - where I do not know. Cross-examined by MR. HEATON. Q. Have you been there so early on other mornings? A. I do not recollect that I have; they did not seem surprised at my coming. COURT. Q. You were unusually early? A. Yes, my time of coming was very uncertain; six men took it by turns to sit up; when any of us are out, they have to answer the bell; when I am ordered out early in the morning I am obliged to get there early; the man who sits up usually gives me a candle to get a light from the lantern, which hangs in No. 2; when the dung-men said they had no light I went back to get one; the bell did not ring so loud as usual the first time, though I pulled it as usual - I have found the dung-men there early before - I do not recollect having been sent to them before for a light. WILLIAM FRENCH . I was in Mr. Gray's service. I came at a quarter to five o'clock; Sparks opened the gate to me; it was Iseaby's duty to open it - I went to No. 8, where my business was; I asked for a light; Garrad said"There is one up there;" he stood by the side of the cart which was opposite the granary - I saw nobody else by the cart - I did not see anybody else by the cart - I saw no light till I got to No. 8, and Montague had one there; I afterwards went to unload the dung-cart; there were four sacks of corn and two bushels of chaff; two in the front of the cart, with two nose-bags, and two behind, with the chaff and straw over them. Cross-examined by MR. CLARKSON. Q. When Sparks opened the gate, you asked for a light? A. No, I went up the yard and asked him for a light - Garrad said there was one up the yard - I did not go into No. 2 stable; there was a light there; Iseaby slept there, and should keep a light; I might have gone there if I chose; I saw Iseaby up the yard about half-past-five o'clock - he was dressed - he usually got up at six o'clock - he came round the corner, as if from No. 2, or he might come from No. 3. Cross-examined by MR. HEATON. Q. How far was the cart from the dung-hill? A. Twenty or thirty yards; the dung-hill is round the corner; Garrad did not attempt to conceal himself from me. MR. BODKIN. Q. Did you ask what the light was in No. 2? A. No, I saw it through the window; there is usually a lamp there. MR. GRAY. The corn was put into the cart at three-quarters past four o'clock; Iseaby was the only person who ought to have been on the premises at that time - I did not expect the glass-coachmen so early, but they afterwards satisfied me it was necessary for them to be there so early, or they could not have got ready, having to clean their coaches; Iseaby had the entire charge of the premises that night. Iseaby's Defence. I let Montague in, and when the bell rang I came as far as the door of No. 2, and saw Sparks; he let French in - I then retired to my bed, and went to sleep, till I heard master sing out "Wells" - I then rose, and ran into No. 3. thinking the noise came from there - I then proceeded round the corner; Dowdney came in; it was customary for the men to feed their horses as they pleased; Mr. Gray took no account of the corn, and sometimes the horses would have none if I locked the granary, when I was gone home, if the men come early, as six, o'clock, was my time; the corn was often taken down above an hour after I got home. ISEABY - GUILTY . Aged 23. Transported for Fourteen years . GARRAD - GUILTY . Aged 30. SPARKS - GUILTY . Aged 27. Transported for Seven years . MR. GRAY here stated that he had since made a calculation, and allowing very linerally for the consumption of corn by the horses, there was a deficiency of forty-five quarters unaccounted for, in the space of six weeks.