QSR1879/1/5/9-11/a

Depositions and examinations - James Godfrey and Arthur Turvey charged with stealing 28 live fowlsvalue £3 17s at Chalgrave on 10 December 1878 and Samuel Taylor Illsley of Stotfold for receiving them on 11 December knowing them to have been stolen.

20 December 1878

From: 1878 To: 1879

Westley Hart of Wingfield in Chalgrave, labourer – he works for Mr Whinnett there. On Monday 9th December about 5pm he locked Mr Whinnett’s fowls up in the henhouse on his farm. The lock is fixed to the door. He took the key home with him. He did not unlock the door the next morning. [Cross-examined by Godfrey] He is not sure all the fowls were locked up. Others were shut up in another place, where the door does not lock. [Cross-examined by Illsley] He does not know the number of his fowls or how many are young or old. He cannot swear to the fowls produced. James Whinnett of Tebworth in Chalgrave, farmer – he keeps fowls on his farm. On Tuesday 10 December about 9am he went to his fowl house. The door was unlatched and the inner door open. He looked into the fowl house and there were no fowls there. He counted his fowls and found he had lost about 30 – he does not know the exact number. He is quite sure as many as 28 have gone. The fowls produced are the same kind as his and he is sure they are his – he knows them by age and colour. Over the fowl house is a trap door into the rest of the building which is not kept fastened as a rule. There is a large water butt near the trap door from which a person could get up to the trap door. From inside the fowl house the lock bolt can be pressed back. [Cross-examined by Illsley] He had over 70 fowls altogether, with scarcely any old fowls. To arrive at his value he took the fowls at 2s 9d per head. Henry Quenby, police sergeant at Toddington – about 10am on Tuesday 10 December he was informed of the loss of the fowls. He went to Houghton Regis in search. In a straw stack there he saw where some fowls had recently been placed – feathers were scattered about and hoar frost had been removed. He saw a footmark near the stack similar to one he had seen on Whinnett’s farm. He went to the prisoners’ houses at Houghton Regis. Neither of them were at home. He telegraphed the police at Hitchin then next morning. He went with PC Busby to Turvey’s house. He asked Turvey where he was on the previous day. Turvey said he had been to Hitchin. He asked Turvey where he had been on the night before. Turvey said he was at home. From what he had heard he took him into custody on the charge of stealing the fowls. Turvey made no reply to the charge. He went to Godfrey’s house and asked the same questions. Godfrey said he had been with Turvey to Hitchin, and said they had some sacks in their cart but he did not know what was in them. Godfrey said he was at home the previous night. He took Godfrey into custody and charged him. Godfrey at first said he knew nothing about it, but later said “It’s so straight. I’ll make a clean breast of it” … [see Godfrey’s statement below]. He took down this statement in writing and Godfrey signed it. He later read it over to Turvey in Godfrey’s presence. Turvey said it was true and put his mark to the paper. He then went to Royston and saw Illsley in the market there. He asked if Illsley had bought any fowls for turkeys during the last week. Illsley said he had bought plenty of them. He asked if he had bought or had offered to him any dead fowls or turkeys. Illsley said he had not and he always killed his own. He told Illsley some men were in custody on a charge of stealing fowls and turkeys and they said they had sold them to Illsley at the Horseshoes at Hitchin. Illsley then said he did buy the fowls and turkeys but bought them in the open market. He then asked Illsely what he had done with them. Illsley said they were at Biggleswade and he would give them up. They went to Baldock and he left Illsley with PC Busby. He went to the house of Sarah Ann Gage at Baldock and received 2 fowls from her. He showed them to Illsley who admitted they were two of the fowls he bought at Hitchin. He asked Illsley what he had done with the other 4 he had offered to Gage. Illsley said he sold them at Royston. He then went on to the house of Daniel Deamer at Stotfold. Under a shed in the yard Illsley pointed out a hamper. Inside the hamper he found 16 fowls. He then went with Illsley to Biggleswade and charged him with receiving. Illsley made no reply. The next morning he went to Royston again and received three picked fowls from Ann Hagger. When he charged Turvey and Godfrey he also charged them with stealing some turkeys belonging to a man named Day. [Cross-examined by Illsley] He is sure Godfrey said they sold the turkeys and fowls for 30s to Illsley. Nothing was said about paying the remainder of the purchase price the following Tuesday. He is sure Illsley understood his first question about dead or live fowls. He had no warrant for Illsley’s apprehension. Arthur King of Houghton Regis, straw dealer – Turvey has been lodging at his house for the last 13 months. He was out all night of 9 December and did not return until 10pm on the 10th. On 11th he obtained 2 bags which were in Turvey’s stable. He gave them up to PC Bradshaw. There were feathers in one bag and blood in the other. [Cross-examined] He has known Turvey for some years and he has always been a respectable man so far as he knows. He did not look into the room during the night to see if he was there. The door was as he left it next morning and Turvey’s bed had not been used. He has known Godfrey for about 12 months and knows very little of him. He thinks Godfrey a suspicious character and would not deal with him. He would doubt a statement made by him against himself. Thomas Bradshaw, police sergeant at Houghton Regis – he assisted PS Quenby in apprehending Godfrey and Turvey on 11th and was present when Godfrey made a statement. He saw Godfrey sign it. The statement was also read over to Turvey who put his mark to it. He conveyed the prisoners to Dunstable police station. On the way Godfrey said they would find the sacks they took the fowls in in Turvey’s stable. He later met King and received the two sacks, one with blood on it and the other smothered with feathers. He then went to Turvey’s stable and found 2 more sacks with fowls’ feathers in them. [Cross-examined by Illsley] He recollects Godfrey saying that they asked £2 and got 30s. Nothing was said about a balance still to be paid. Harriet Primmett of Hitchin (Herts), widow – she goes to the Three Horse Shoes at Hitchin charring. She was there on 10th December. In the afternoon she was in the stables. She saw Turvey bring a hamper into the yard. Illsley was there too. They came into the stable and emptied something out of a hamper into a bag. She heard Illsley say something about turkeys. George Young, police inspector at Hitchin – on 10 December he received a telegram about the fowls. He went to the Horse Shoes and saw Illsley with a fowl in his hand. He said he was looking for some dead fowls. Illsley said “this one is right, this is mine”. He asked Illsley if he had any more. He said he did not. On 12th he saw Illsley in custody. Illsley then denied he had ever asked him about dead fowls. Sarah Ann Gage, wife of Walter Gage of Baldock (Herts), innkeeper – they occupy the Sun Public House at Baldock. On 11th Decmeber Illsley sold her two fowls. She gave them up to PS Quenby. Illsley asked her 1s 6d each for them and offered her 6. She told him they were no use to her as they were dead. Illsley said the price was good as he had sent his boy to kill six and instead he had killed 20. She eventually bought 2 for 2s 6d and a glass of whiskey, price 6d. She told Illsley they were too cheap and then he told her about the boy. He said they would be worth 2s 6d each if they were alive. [Cross-examined by Illsley] She bought the fowls as much to oblige Illsley as herself. Ann Hagger of Royston (Herts), singlewoman – she keeps a greengrocer and fruiterers shop. On Wednesday 11th Illsley came to her shop and offered her 3 fowls for 1s 6d each. He said he could not get any farther than Baldock on account of the weather and wanted to buy some hogs. He said if she would buy the fowls she might have them from 5s. He left the fowls and went to buy the hogs. On his return she bought them at 4s. She said to Illsley “one of them is very green”. He said he packed them up hot in a pad (hamper) and that is the cause of it. She plucked the fowls. She gave them up to Sergeant Quenby. Daniel Deamer of Stotfold, coal dealer – on 10th December about 8 o’clock Illsley came to his house. Illsley took some hampers out of his cart and put them under his shed. He did not know what they contained. Next day Illsley and Sergeant Quenby came and the hamper was opened in his presence. It contained fowls. [Cross-examined by Illsley] He has known Illsley for 2 years. It has been Illsley’s custom to put up at his house and bring his fowls with him on his return from Hitchin market to go on to Royston next day. James Lunniss, police constable at Stotfold - on 12th December he went to Deamer’s house at Stotfold. He saw Mrs Deamer and asked her whether she had any dead fowls. He searched a shed on the premises and found the 2 fowls not produced in a skip. There were other skips in the shed – one with live fowls in it. James Godfrey – he is guilty. If it had not been for the inducement held out by Illsley he would not have done it. He was earning a good living at the time. He has said in his statement that he sold the fowls to Illsley. They arrived in Hitchin on Tuesday 10th about 11.30am and drew the donkey and cart into the back street. About 2pm they went to the Three Horse Shoes to look for Illsley and he had been told before that Illsley would buy anything no matter how it came if he could see a good profit out of it. He went up to him and said “is your name Illsley?” Illsley said “yes”. He said “Do you buy dead fowls?”. Illsley said it all depended, though he would sooner have them alive because they pick better. He offered Illsley a score. He asked for 26s. Illsley asked to look at them. He sent Turvey to fetch them in a skip. While he was gone he told Illsley he had 4 turkeys and 8 more fowls if he would buy them. Illsley agreed. He then sent Turvey for the rest. He asked for 26s for the turkeys. Illsley offered 15s. He said he would not sell the turkeys without the fowls. They negotiated and eventually settled on 30s for the lot. Illsley said he dare not show them to everyone and would have to warm them up and break their necks because they had only been stifled. Illsley gave them 3 half sovereigns and said they must stand treat. He gave the landlady half a sovereign. Illsley took a pint of beer, a twopenny cigar and ½ oz of tobacco out of it. Illsley gave him his address and told him he would give them 2s a piece for young pullets or 10s for a ½ quarter of barley, and they were to be sure and have it delivered to Biggleswade Station so that there might be no suspicion. Illsley told them the market he attended in case they wanted to find him. Arthur Turvey – has nothing else to state. Samuel Taylor Illsley – “I make no statement now”. Samuel Maxwell of Ardley (Herts), farmer – called as witness by Illsley – on 10th December he was in Hitchin market. He saw Illsley buying something in the Three Horse Shoes. He was close at hand. He does not know what Illsley was buying or who he was buying from. The price was £3. Illsley said he would pay 30s then and 30s the next week. He was passing and heard the conversation. He did not see any writing. Statement made to police by James Godfrey - he and Turvey went to Tebworth together hawking sprats. They saw some turkeys and Turvey tried t o catch one. They planned it. They went to the place at 10.30 and got in. Both of them knocked the lock. Turvey went in, caught 4 turkeys, brought them out and killed them. He held the wings. They put the turkeys in a sack and came across the fields to Wingfield. They put the sack in a hedge against Whinnetts. They then went to another farmer named Whinnett. The first door was undone and they had four fowls from there. They then went to the next place where Turvey got in a loft window. Turvey pushed the lock back, let him in and they had 24 fowls. They put them in sacks and carried them down to a straw stack at Thorn and hid them. They then fetched the turkeys and put them all together. They got home about 4am. Turvey hired the donkey on Monday night and on Tuesday morning they started together from Turvey’s shed to go to Bidwell to fetch the donkey and cart. They went to the straw stack, put the fowls in the cart and covered them over. They then went up Lows Hill down Featherbed Lane to Charlton Cross and on to Hitchin. They went to the Horseshoes and sold the fowls and turkeys to Mr Illsley of Biggleswade for 30s. He is sure Illsley knew they were stolen. They divided the money.

item

Godfrey, James,
Turvey, Arthur,
Illsley, Samuel Taylor,
Whinnett, James,
Hart, Westley,
Quenby, Henry,
King, Arthur,
Bradshaw, Thomas,
Primmett, Harriet,
Young, George,
Gage, Sarah Ann,
Gage, Walter,
Hagger, Ann,
Deamer, Daniel,
Lunniss, James,
Maxwell, Samuel

CHALGRAVE, Wingfield, Tebworth, TODDINGTON, HOUGHTON REGIS, Thorn, Hitchin, Baldock, Royston, STOTFOLD, Ardley, stealing animals, receiving stolen goods, fowls, turkeys, fish, police constable, police sergeant, police inspector, farmer, straw dealer, innkeeper, Langley Bottom Three Horseshoes, Hitchin, coal dealer, charwoman, greengrocer, fruiterer