George Kirby

343

Maureen Withey on 5th February 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 05 February 2023), July 1830, trial of GEORGE KIRBY (t18300708-5). GEORGE KIRBY, Theft > animal theft, 8th July 1830. Second Middlesex Jury - Before Mr. Justice James Parke . 1262. GEORGE KIRBY was indicted for stealing, on the 3rd of June , at Christchurch, 2 calves, price 7l., and 11 live geese, price 2l. , the property of William Walton . MR. CLARKSON conducted the prosecution. ROBERT JAMES HAWES . I am in the service of William Walton, who has a farm at Chingford, in Essex . On Wednesday, the 3rd of June, he had two calves and twelve geese; I secured the calves in the pen - they were all right at ten o'clock that night; the pen is at the end of the cowhouse - the geese were in a building which was formerly a stable; it is part of the premises - I saw them safe at eight o'clock, when I secured them there, as usual; I got up between five and six o'clock in the morning, and went to the pens immediately - the calves were gone, and the doors were open; I then went to the stable - that door was open, and only one goose left; I went and told master, then went to Dorward, the constable, who accompanied me to London that morning - we went to Leadenhall-market, and in consequence of information there, we went to Judson's, a butcher, in Whitechapel; I saw Adaman there, and in consequence of what passed I went to the house of the witness Banks, in Rosemary-lane - it was in the morning; I there saw the two calves dead, but their skins on - I knew them to be my master's, and the two I had lost; the skins are here (looking at them) - these are only the skins of the two bodies, the skins of the heads were so offensive we could not keep them - the heads were particularly spotted about the eyes, by which I knew them, and here are white marks down the back on these skins, by which I know them; the mark on the head was a particular one - I have not a doubt they were the heads of my master's calves - one was seven weeks old, and the other seven weeks and a few days; they corresponded in age, and one of the skins has a very particular mark - they were calved at our place. When I went to Banks' the prisoner was there, with the calves; I had known him before for seven or eight years, and have seen him passing the house three or four days running - Dorward took him into custody: something passed between me, Dorward, and Banks before that - after finding the calves Dorward went to look for the geese, and I saw eight of master's geese in a cart at Lambeth-street Office on the Friday: they are now at master's farm - I have no doubt of their being eight of what were stolen; one had been left behind, and when the eight came back they appeared to know each other; if you put geese to a strange one they will fight - they were not marked: I put them down in the farm-yard, they then came up to the back door where they were usually fed, and the one which hadbeen left behind came and joined them - they appeared to recognise each other; I believe they formed eight of the eleven which were stolen - the calves were not exactly in a killing condition; they were worth about 7l. Cross-examined by MR. CARRINGTON. Q. What are you? A. A bailiff; there are two other persons employed at the farm - it is my duty to look after the calves. Q.Did you ever see a brown calf without a white stripe down the back? A. Yes; I never saw one like this before - there are certainly others with white backs, but not as this is; I do not mean to say there never was one like it before - there were also marks on the head of a particular sort: the head was spotted round the eye very particularly - it is common for calves to be spotted. Q. The other skin is white, what do you know that by? A. The skin is dried up now, and I cannot explain it so well; I know it by these marks - I never saw another marked like this one; it is a very particular mark - I have had some hundreds of calves under my care, and never saw one that would answer this; I never saw one marked like it; I should know it from five hundred - I never knew the prisoner employed to take calves or poultry to market; he kept a cart, and I know he carried wood- I do not undertake to swear to the geese, but have no doubt of them; my master has no other Christian name. MR. CLARKSON. Q. Did you speak to the prisoner at Banks'? A. Yes - I said to Dorward, "That is Kirby;" Banks lives in Rosemary-lane. DAVID DORWARD. I am constable of Chingford. On the morning of the 3rd of June I was spoken to, and went with Hawes to Leadenhall-market, after inquiring at different markets; I afterwards went to the house of Judson, in Whitechapel, and there saw Adaman - in consequence of what he told me I went to Banks', in Rosemary-lane, with Hawes and Adaman, and saw the two calves hanging up, with the skins partly off, as the butchers generally leave them when they are fresh killed; the prisoner and Banks were there - Hawes identified the calves, and recognised the prisoner; I said, "Halloo, countryman. who would have thought of seeing you here?" I live at Woodford, and had frequently seen him, but not for some time before this; he was very much agitated, and said, "I don't know you;" I knew that he did know me very well, and said, "You know me very well - you are my prisoner," and took him into custody; I found five of the geese next day at Leadenhall-market, in the possession of Howard, and two more were produced at Lambeth-street by Howard; I took the geese to Chingford, and put them down in the farm-yard - they appeared to recognise the one which was left, and that one seemed pleased and was cackling; they went under the gate together, into another yard, and then to the place where they are fed - I was present before the Magistrate when the prisoner was examined; I believe what he said was taken in writing. COURT. Q.Before you took him to the Magistrate, did he say any thing to you? A. He said he did not steal them - that he was engaged by two men to fetch them from Chingford; I asked who the men were - he said he did not know them at first; he afterwards said one was a bird-fancier - I have since ascertained who that is, and have been in pursuit of him, but cannot find him; he said that he went down with him, and another man, who he had very little knowledge of, was to meet him at Mr. Walton's; he said the bird-fancier had engaged him- that the bird-fancier and him met at the Two Brewers at Stratford; he went down to Walton's with the birdfancier, and met the other man, who had got the calves ready for them - that the bird-fancier and him carried them to the cart, which stood at a little distance from the house, in the lane; he said it was about two o'clock in the morning - he said that he engaged him to fetch them, and he did not steal them, for he was employed by them- he said he and the bird-fancier carried them from Mr. Walton's barn; I had not held out any threat or promise to him, but told him what he said to me would come against him as evidence - he lives at Hackney-wick, four or five miles from Chingford; I have seen him many times at Woodford, which is the adjoining parish to Chingford. THOMAS BANKS. I am a butcher, and live in Rosemary-lane. On Thursday morning, the 3rd of June, between seven and eight o'clock, I saw the prisoner in Lime-street, Leadenhall-market, where they unload the meat-carts for the market - he had a cart with two calves, also two small hampers and one long one at the side; he called to me, "Butcher, will you buy two calves?" I told him no - I went over, looked at them, and asked what he wanted - he said either eight guineas, or 8l., I do not know which; I said No - he said, "Do you know any body who will kill them for me?" I asked whose they were - he said they were his own; he asked if I knew who would kill them for him - I said I would if he would take them down to my house; he asked where I lived - I said, "No. 64, Rosemary-lane;" he took them there - I was to have 10s. for killing them, and taking them to market the following morning; that is about a fair price - I went home directly; he was coming to my house, and I met him - he had the calves and three hampers with him - I helped him to take the calves out, and put them in my shop, which is in front of the main street - I untied their legs, and said, "Let them lay and rest themselves;" he said, "Put them backward in the back place" - (they could be seen where I put them in the shop, which was open, and the door off;) he drove them backwards himself, and we went over to the Hampshire Hog public-house, and had a glass of gin each; he said I was to kill them and get them done by four o'clock, and he would come back again - I said that should be done; he said they were to go to Mr. Brown's, Whitechapel-market, the following morning; he wanted me to purchase them several times - I said what I bought I always bought at market; we parted about half-past eight o'clock- Adaman, who was in Mr. Judson's service, came to my shop between eleven and twelve that day; I told him what had passed between me and the prisoner, and showed him the calves - between three and four o'clock that day he came with Hawes and Dorward; Hawes recognized the calves. which hung in the middle of my shop - he said, "They are my vmaster's calves, I will swear to them;" the prisoner was present, and was taken into custody; I never saw him before that morning, to my knowledge. Cross-examined. Q. Are you quite sure about the conversation you first had with him? A. Yes, quite;nobody else was with him - I am sure he did not say he was instructed to sell them, and get them killed; nobody came to inquire after the calves after he was taken. MR. CLARKSON. Q.Is Salmon in your service? A. I employed him to kill them - my house is in Middlesex. JOSEPH SALMON. I occasionally kill beast for Banks. On Thursday morning, the 3rd of June, I killed these two calves - the prisoner came in while I was killing them; he said they were his own, and that they were to go to market - I was to do them in the best manner I could. THOMAS ADAMAN. On Thursday, the 3rd of June, I was gathering money for Mr. Judson, who is a carcasebutcher; I went that day to Banks', who made a communication to me about the prisoner, and showed me the calves - Dorward and the bailiff came to me that afternoon; I accompanied them to Banks', and saw the two calves, which were then killed - they were alive in the morning; they appeared the same calves. Cross-examined. Q. I suppose there was no particular mark by which you could recognize them? A.There was no private mark, but I knew them from the colour of the skin. RICHARD STEADMAN . I am a porter at Leadenhall-market. On the morning of the 3rd of June the prisoner came to the market, and I carried a hamper of geese for him out of his cart in Lime-street, to Mr. Howard's, the salesman. GEORGE GODFREY. I am in the service of Mr. Howard, a poultry-salesman, of Leadenhall-market. On the 3rd of June eleven geese were sent to us to sell by the prisoner - I saw him about half an hour after Steadman pitched them - I paid the prisoner 1l. 11s. 6d. for them; there were eight young ones and three old - they were brought to our shop about half-past four o'clock in the morning; he called for his money about nine - I saw him about them three or four times; three of the geese, which were old, were sold to a stranger, and eight young ones to Mr. Howard's brother. HENRY HOWARD . I am Howard's brother. I bought eight young geese of him on the 3rd of June for 3s. each - I sold one to a stranger that day, and on the Friday following Dorward came to me; I delivered him the seven immediately - they were the same as I bought of my brother; I had no others - the prisoner was present when I bought them, and said they belonged to him; I do not know whether Godfrey was present. GEORGE GODFREY. I saw the eight geese in Mr. Howard's brother's possession; they were eight of those I paid the prisoner for. ROBERT JAMES HAWES. Three of the geese were old, and eight young - the seven I have recovered were young. Prisoner's Defence. That witness (Godfrey) is the man who employed me - he sent me down to Banks' with the calves, and told me to bring the money back to him; Banks said if I would give him a receipt for 6l. he would give me 1l. - that is not the man who killed them. GEORGE GODFREY . I did not tell him Banks would kill them for him - I never saw Banks till he was at Lambeth-street. Prisoner. Two persons employed me to bring them -I stood a long while before this porter came up and asked if the geese were mine; I said No, they belonged to a man who sent me. RICHARD STEADMAN. I asked him if the geese belonged to him, and if they were going into the market - there was another young man with him, and they said they wanted to see a man named Godfrey; I cannot say which of them said so - I told them he was Mr. Howard's man, and I would look for him, but he might not be there for an hour - this was ten minutes or a quarter-past four o'clock, and a little before five I saw Godfrey coming down the street; I told him there were some things there for his master, and asked if I should pitch them - he said, "Yes, bring them up;" I did so, and Howard paid me for the porterage. DAVID DORWARD. When I took the prisoner there was no other man there except the butcher. Prisoner. This man wanted to conceal the geese under his master's place, but they could not - Godfrey sent me down to Banks' with the calves, and told me to bring the money back with me - the two men ran away when they found I was taken. GEORGE GODFREY. On my oath I never saw Banks till he was at Lambeth-street - I did not send him there, or tell him to bring the money back to me. DAVID DORWARD. There were no men there to run away - I saw no men run away.[Friday, July 9.] GUILTY - DEATH. Aged 45. -------------------------------------------------- Register of Convicts: https://stors.tas.gov.au/CON23-1-2-P155 303. George Kirby, 5ft 5. age 45, ploughman, tried Middx. G.D. 8 July 1830, Life. native place, Ipswich, Suffolk. -------------------------------------------------- Convict Conduct Record.https://stors.tas.gov.au/CON31-1-26$init=CON31-1-26P67 303. George Kirby. See record for details. Married, 9 children. Wife, Ann Kirby, and children in the parish of Waltham Abbey, Essex. Was a constable.

7

Mark Robert Bryant on 29th November 2021

Born in Waltham Abbey, Essex, England. Father of 9 Children. One of his sons, George Kirby b 1815, was transported to New South Wales in 1833.