The Proceedings of the Old Bailey
JAMES NANSEY, theft: simple grand larceny, 12 May 1831.
JAMES DYCKHOFF, witness.
Verdict: Guilty, with recommendation, Punishment Type: imprisonment.
Transcription:
1159. JAMES NANSEY was indicted for stealing, on the 9th of May, 8 bushels of oats, value 30s., the goods of Robert Hollings, his master.
ROBERT HOLLINGS. I am a bargeman, and live at Isleworth. I was employed by Mr. Williams to take a quantity of oats in my barge, from London - I was to deliver fifty quarters at the King's Arms-yard, at Hounslow, on the 9th of May.
JAMES DYCKHOFF. I am wharfinger to Mr. Hollings. I assist in loading his waggon - I was ordered by him to send a quantity of oats to the King's Arms, at Hounslow; I loaded twenty-five quarters in the morning, and twenty-five in the afternoon, making fifty altogether; the prisoner was servant to my master, and he drove the waggon - I saw him go out of the yard with the first waggon, but not the second; they went in two separate loads, twenty-five quarters each. Cross-examined by MR. LEE. Q. How many assisted in loading? A. Henry Dalton, William Whitaker, James Thomas, and myself - I counted both the loads.
Cross-examined by MR. LEE. Q. How many assisted in loading? A. Henry Dalton, William Whitaker, James Thomas, and myself - I counted both the loads.
ROBERT MAY. I recollect the prisoner coming to my master's, the King's Arms-yard, Hounslow, last Monday - he came twice, and each time brought a waggon-load of oats; the first contained twenty-five quarters - the second time I received but twenty-four quarters, and I saw the prisoner throw out two empty sacks, as part of the load; in consequence of what I saw, I gave the constable charge of him.
Cross-examined. Q. Did you not receive twenty-five quarters in the second load, and say it was all right? A. No; some of them had been delivered before the empty sacks were laid down - I cannot say how much; the prisoner, and a person who came with him, unloaded it, and two persons who were in the yard, assisted - they are not here; the corn was shot in the granary - it was all put together; there were not fifty quarters - there was one short; they have not been measured to this day, but I counted the sacks - I put the constable in charge of the prisoner before he left the yard, and he looked to him afterwards.
Q. Did you not, in the presence of the two men who assisted in unloading the waggon, say the corn was right, and let the prisoner take the team from the yard, before you gave him into custody? A. No, I never said it was right - I cannot tell how long it was before he was taken; it might be an hour and a half.
COURT. Q. Did the constable take him in the yard? A. No; I wanted to know who the receivers were - I gave the constable orders to secure him while he was in the yard; he had put out several sacks of corn, and then two empty sacks - I counted the sacks that were put out; the two empty sacks made up the number to fifty - I saw forty-eight sacks emptied, having previously seen them full.
JOHN MASON. This witness gave me information that he was a quarter short, and desired me to take the prisoner while he was in the yard - I saw him come out with a horse, and give the team to another man to take it down to the Coach and Horses; the prisoner took his horse to be shod - I never lost sight of the waggon; I saw the prisoner in conversation with a man at the Coach and Horses; he then went on towards Isleworth, and the man with a green cart went with him - I followed them, I suppose a quarter of a mile; I stopped the prisoner, and the other man went off - I found two sacks of oats in the waggon; they were full, as near as I can recollect - they had no name on them.
Cross-examined. Q. What was the reason you did not take him in the yard? A. I was not in the yard; I do not know how much a quarter of oats is - I found two sacks, nearly full; I took it into my possession, and have a sample here.
ROBERT MAY re-examined. Q. Had all the sacks, the two empty ones, as well as those which contained the corn, Mr. Hollings name on them? A. Yes, Sir, they had -I have a sample of corn taken from the bulk, and one from the two sacks in the waggon; they appear to me to be of the same quality, but I am not so well acquainted with corn as some are - I am foreman to Mr. Williams.
MR. HOLLINGS re-examined. Q.Up to the time of this charge had the prisoner a good character? A. Yes; I always found him honest - he has been with me about twelve months; these samples correspond with each other.
Cross-examined. Q. Do these two samples appear to correspond? A. No man, who is any judge of corn, can tell by candle-light.
GUILTY. Aged 43.
Recommended to Mercy by the Prosecutor and Jury.
Confined One Month.