George Manning

342

Maureen Withey on 4th December 2022

George Manning and Thomas Abbey were charged with breaking into the dwelling-house of John Ellard, of Norton, and stealing therefrom a silver watch. Mr. Macaulay was for the prosecution, and Mr. Flood for the defence. John Ellard : Left his house about five o'clock on Sunday, the 3d of Nov., and returned home about eight. His wife was at home when he went out; when he returned she was standing at the door, and he found that the staple and lock had been broken, and the door thus forced open. His watch, which used to hang over the fire-place, was gone. Ann Ellard, the wife : Left home at six o'clock, and returned home just before her husband. She found the door standing open. Two years ago the prisoner Manning was at her house, and he then took the watch, and said he should like it. He has referred to the watch since that. Wm. Packwood : Saw Manning his mother's house on the 3d Nov. Mary Anne Packwood : Saw both the prisoners outside their mother's door at Norton on the evening in question. They are both sons of one mother. Their residence is at Floore. Cross-examined by- Mr. Flood: Is sure it was not the 27th of Oct. The Rev. Mr. Clarke, Norton, did call on her, and tried turn it off on a mistake. She said she was sure it was on the ? she saw them. Mr. Clarke said there was no doubt she saw them, but if he could turn it off by going to Mr. Burton he would. By Mr. Wing : It was the day before she heard of the robbery that she saw them. George Jakeman, of Nether Heyford, said Abbey came to his master's, Mr. Judkins, on the 4th, and told him Manning was there. Abbey went away, and Manning came and offered him watch for sale. Witness said he had money. Edw. Weatherley, police constable of Buckby -.Apprehended the prisoners between Floore and Northampton. Superintendent M'Kay was with him. Witness told Manning the charge against him, and Abbey endeavoured to get off. Found the watch upon Manning, who said he found it. They were taken to Weedon, where they contrived to escape from the constable. Abbey afterwards surrendered himself. Superintendent M'Kay searched Abbey's house at Floore. a tinman. Found the hammer produced, which corresponded with the marks on the door-post. Green, a constable Weedon, received charge of the prisoners. They were handcuffed, but Manning contrived to slip the handcuffs, and witness ran after him, but being of proportions not well-calculated for such exercise, lost him; and in the meantime Abbey also escaped. The jury found Manning guilty, and Abbey guilty also, but not in so great a measure. The prisoners were then charged with stealing an ewe, the property of George Wait, of Norton. The prosecutor, a butcher, lost a sheep on the 1st Nov. Superintendent M'Kay, in searching Abbey's house, at Floore on the 4th of Nov., found under bis bed a bone of leg of mutton, and two cupboards down stairs the mutton produced. Found also hatchet covered with fat, wool, and blood ; a coat very wet, with blood upon it, which has been since claimed by a man named Webb, of Floore. Edward Tredgold saw Manning Norton on the day the sheep was stolen. He had a handle of some instrument projecting from his pocket, The statements of the prisoners before the magistrate were read. Abbey stated that his brother (Manning) brought theme. Manning stated that he bought the mutton of butcher, on the Market-square, Northampton. Mr. Flood objected that the indictment was wrongly laid, charged with sheep stealing, which meant stealing the live animal, and if he was convicted of this, could he plead autrefois acquit to an indictment for killing the sheep with intent to to steal the carcase, itself a substantive felony. Mr. Macaulay admitted the objection. There was no doubt the prisoners were entitled to acquittal, and were liable to indictment for killing the sheep with intent to steal the carcase. Mr. Flood now, with reference the former case, moved an arrest of judgment, the ground that the verdict with reference Abbey was in effect acquittal. Mr. Macaulay (replied, and the Court having inquired of the foreman of the jury what was his what was his object in adding the words Not in so great a measure? he replied that they meant merely mitigation of punishment. The Court over-ruled the objection, and the prisoners were sentenced to be Transported for Seven Years. Northampton Mercury, 4 Jan 1845. --------------------------------------------------- Both brothers were transported on the Thomas Arbuthnot.