John Robinson

Level 135

C H on 1st March 2024

Old Bailey Online JOHN ROBINSON. Theft; animal theft. 29th November 1832 Text type Trial account Defendants JOHN ROBINSON Offences Theft > Animal theft Session Date 29th November 1832 Reference Number t18321129-90 Verdicts Guilty Punishments Transportation Before Mr. Justice Bosanquet. 91. JOHN ROBINSON was indicted for stealing, on the 18th of September , at St. Mary, Matfelon, alias Whitechapel , 1 gelding, price 17l. , the property of Robert Yalden . JAMES YALDEN . I am the son of Robert Yalden . On the 13th of September he had a bay gelding; I saw it safe in the field on the night of the 14th of September, about seven o'clock; I fastened the gate with a switch-next morning, at five o'clock, I missed it; I found it on the 21st of October at Bow, in possession of Mingay, at his livery-stables - it had been trimmed about the head; the tail had been docked before, but was cut shorter then. Cross-examined by MR. PHILLIPS. Q. Is your father a farmer? A. Yes; they cut the bone of the horse's tail, which made it look square behind. RICHARD JOHNSON . I am a labourer, and live in Castle-street, Whitechapel. I do not recollect the day, but I saw the prisoner ride into Draper's yard, a farrier, on a horse; he said he wished to have a bit of the horse's dock taken off, and asked me where the farrier's shop was - I showed him, and saw Dexter cut the tail. Cross-examined. Q. I believe you were yourself charged about this horse? A. No; it was in September that I saw the horse, for I worked for a butcher next door to Mr. Scales at the time; I worked for him three months- I may have worked there in October; it must be seven or eight weeks since I worked in the yard. WILLIAM DEXTER . I am a horse-keeper. I saw Johnson and the prisoner in Draper's yard, about nine or ten weeks ago, and cut a horse's tail for him; I sold the prisoner a truss of straw, and he gave me 2s. the following morning; he said he wished to sell the horse; I told him my master, William Cue , was a horse-dealer - I saw Thomas Rogers and his brother in the yard; I did not see the horse leave the yard. Cross-examined. Q. What month was this? A. I should think some time in September - I am sure it was not in October; I think it was before October, but will not swear it. THOMAS ROGERS . I sell horses on commission for people - in September last I lived at No. 5, Colling wood-street, Bethnal-green. I was in Draper's yard on the 18th of September, and saw Dexter and Johnson -I saw the prisoner; Johnson said to me, in the prisoner's presence, "Tom, here is a horse I think you are likely to get a guinea out of," and pointed to the prisoner - I asked what he wanted for it; he said 9l. or 10l.; I went to the yard next day, and told him I had a customer if he would get him shod, and get him a belly-full - he said he should be ready to go about half-past twelve o'clock; and about half-past one I went with him to Belt-street, Ratcliff-highway, but did not sell it; I saw him again next day, in the same yard, and I saw my brother Mark there; Mark said if the horse was down at his master's he could get a customer for it, at the Eel-pie house - the prisoner said he did not know the way to the Eel-pie house; I said I would show him - I took him there about half-past one o'clock; on getting there we waited for my brother; when he came to us, we all three went to the Black Swan, at Bow, close to Mingay's - my brother went out with the horse, leaving me and the prisoner behind; he returned without the horse, and saw the prisoner with me - he said he could only get 7l. for the horse; the prisoner said he would not take less than 8l.; then my brother said, "You had better go with me, and hear the deal, for I think that they will spring a little" - they went together, leaving me at the public-house, and returned in about two hours, without the horse - we all went to the Eel-pie house together; the money was to be sent by eight o'clock, and about nine Pepper brought it - I was then in the tap-room, and my brother and the prisoner at the bar - something took place there which I did not hear; they returned to the tap-room, and 7l. 15s. was handed to the prisoner; I had 10s. for my trouble, and my brother had 5s.; I saw a paper, which the prisoner made a cross on when he got the money. Cross-examined. Q. Did not the Magistrate refuse to take your evidence at first, and say you had as much possession of it as the prisoner? A. No such thing took place. MARK ROGERS . I am a labourer to Mr. Flowers, at the Eel-pie house, Limehouse. On the 20th of September I went to Whitechapel, up Draper's yard; Dexter showed me the stable where the horse was, and then I saw the prisoner - I said, "Does this horse belong to you?" he said Yes - I asked the price; he said nine guineas - Johnson was in the stable: I said, "I can't sell it at that price, but if you will bring it to my master, at the Eel-pie house, I could sell it this afternoon for you;" he said he did not know the way - my brother said he would show him, and they came down together; I said to him, "Put the horse into the stable - I cannot go with you yet;" I afterwards went to Bow with them, and called at the Black Swan - they stopped there while I took the horse to Pepper's, and we went over to Mingay's; he offered 7l. - I returned to the prisoner, who refused to take it - I said, "Come along and make your own deal;" he went, and Mingay bought the horse for 7l. 15s.; I was to be paid for it at eight o'clock - the prisoner waited there till half-past eight, and by and by Pepper arrived, and it was paid for; the prisoner made his mark to the receipt, and Pepper said he would have"Warranted sound" written on it - as he could not write I wrote it, and the prisoner made his mark to it; I gave him the money - he gave me 5s. for my trouble; we had four or five pots of hock beer there. Cross-examined. Q. Are you sure you did not bargain about it as your own? A. I tried to sell it as my own - the Magistrate did not threaten to commit me; I generally sell in my own name - when Mingay said he would bring the money at eight o'clock, I said, "Don't disappoint us, for this man will want his money;" he knew before the money was paid that it did not belong to me; I sold it as one I had exchanged - I wrote "Warranted sound" on the receipt, as the prisoner directed me; I do not know who wrote the rest of the receipt. JAMES PEPPER . I am a farrier at Bow. I remember Mark Rogers bringing me a gelding for sale in September- I walked over the way, and the price agreed on was 7l. 15s.; the horse was left there - the dealing was not made in my presence; I went to take a chaise home, and on returning stopped at the Eel-pie house; they were kicking up a bother about the money - Mark Rogers and the prisoner were there: I got on a mare, fetched the money, and took it to them, and Mark Rogers gave me a receipt; I was in the bar, and they were in the parlour - I saw a mark on the receipt; I paid the money to Mark Rogers , for Mr. Mingay - we had some drink in the bar; I drank that afternoon with Mark Rogers , Mingay, Mr. Porter, the landlord, and the prisoner came in, as a more straggler; we drank together - this was before the bargain was made, and afterwards too; I did not then know the horse belonged to the prisoner. Cross-examined. Q. Your dealing was with Mark Rogers ? A. Yes; he said he had chopped a large horse away at Flowers' - that his master told him not to chop, but he had, and must sell the horse, for he must take the money home to his master. WILLIAM MINGAY. I keep livery-stables at Bow. In September I had a gelding, which was claimed afterwards by Yalden; I bought it of Mark Rogers on the 20th of September, at my premises at Bow, for 7l. 15s.; I have a receipt for it, which Pepper gave me; I had not authorised him to pay the money, but I was not there at eight o'clock, as I appointed, and he knowing me, paid it for me; I kept the gelding till it was claimed - I drank at a public-house with Pepper, Mark Rogers , and others; I cannot say whether the prisoner was one - a strange man came in, and Mark Rogers shook hands with him, as a mere stranger, and asked him to drink; they appeared to me not to have seen each other for some time - I gave the horse up to Skillern. MARK ROGERS . This is the receipt - the prisoner put his mark to it, in my presence. Cross-examined. Q. Who did you get it from? A. Pepper said he would have a receipt - Mr. Flowers, my master, had a stamp in his pocket, and I think Mr. Flowers wrote it. - (Receipt read.) JAMES PEPPER . I do not know who wrote the receipt; Mark Rogers brought it to me; I gave it him back, as"Warranted sound" was not written on it - he wrote that, and gave it to me; the prisoner was in the tap-room, and not in my sight; I did not see who put the mark to it -Rogers brought it to me in the bar; when I saw Robinson's name to it, I said, "Is this right?" and gave it to Flowes - he said, Oh Yes, it was all right he thought, but he knew nothing about it. RICHARD BUSH SKILLERN. I am an officer of Unionhall. On the 21st of October I went to Mingay's stable, and found a gelding, which Yalden's son claimed; it was delivered to him - I apprehended the prisoner the same day, in Bunhill-row, about five miles from Mingay's; I told him I wanted him - he wished to know what for; I told him for selling a stolen horse to Mr. Mingay, at Bow; he said he had bought the horse on the other side, or on this side of Farnham, and gave 6l. or 7l. for it - that he did not know the person he bought it of, and did not know his name. Cross-examined. Q. Are you acquainted with Mark Rogers ? A. Yes - I have known him many years as a horse-dealer; I drank with him the morning I apprehended the prisoner, and at Hick's-hall. Prisoner's Defence. I own I sold the horse, but I had bought it. GUILTY . Aged 41. - Transported for Life .

Level 135

C H on 1st March 2024

Description Born 1791. Place of birth Hampshire. Gender male. Height 5' 8.25". Religion Protestant (unspecified). Has tattoo no. First recorded 1832