QSR1854/3/5/8-9

Depositions of Jonathan Lewin, farmer of Wimmington, Richard Lewin, farmer of Wimmington, Edward Farrer, farmer of Wimmington and Samuel Haynes, police constable of Poddington. In the case of Ekin Desborough & Josiah Wagstaff accused of killing a sheep.

9 May 1854

From: 1854 To: 1854

Jonathan Lewin: on 27 April he put his sheep into a fold in a field, one field from Rushden Road. He sent a boy to turn them out the next morning. There was a carcass of a dead ewe. He had seen her in the fold the night before. The head was bloody and the carcass was quite cold and stiff. He sent the sheep into the fold on the evening of the day after the fast day. He believed the sheep to have been killed by the fold stakes. Richard Lewin: on the morning of 27 April a boy, William Wooding, who was in his father’s employment, told him that a sheep was dead in the fold. It had been cut on the head. He went with the boy and brought the sheep home. It was cold and stiff and must have been dead some hours. It had 2 wounds to the head and was bloody. The skull was fractured as if hit with a blunt instrument. The skin was broken above the eye. The wound had caused the death of the sheep. The fold was as usual except a hurdle had been removed to hit the sheep. No other sheep was hurt. 2 fold stakes had been taken from a fence a short distance off and they were found the next morning in a hedge in the adjoining field. He saw footmarks between the fence and the fold, both backwards and forwards and some of the footmarks had gravel and road dirt on them. The same day he observed the same footmarks leading from the bottom of the field, in which the fold was, to the Wimmington and Rushden Road. They were the footmarks of 2 persons in each case. They were clearer on the 1 May once a little rain had fallen. He covered the footprints and later showed them to PC Haynes. The following Monday he saw the footprints and they were quite plain. He took notice of the particular nail marks in the footmark. He suspected Ekin Desborough had been concerned in the matter. The police constable said he would go and compare the marks with Desborough’s shoes. When he had got the boots he met with the PC and they made some marks in the ground by the side of the footmarks to compare them. The impressions were the same. He also suspected Wagstaff from his being a companion of Desborough. His boots were also brought and compared with the footmarks in the field and they seemed to correspond. PC Haynes pointed out to Wagstaff that they did agree and he replied that the footmarks were just like his but there were other people who wore boots of the same kind. Haynes then offered to fetch anyone who Wagstaff believed had boots like his own but Wagstaff refused to point them out. Samuel Haynes: he saw the footmarks on 28 April in the company of Mr Lewin. They were protected by hurdles. He saw them again the next day and on the 3 May. Mr Lewin showed him a sketch of the nail marks in the footprints and Haynes compared the sketch with the impression in the field. 2 or 3 marks agreed exactly. On 20 April he asked Wagstaff where he had gone after leaving the public house the previous night. Wagstaff replied he went with Ekin Desborough on the road towards Rushden, in the company of 2 Rushden men. Haynes then went to Desborough at Rushden who stated he had been with the 2 Rushden men but no-one else was with him. Afterward Desborough came and told Haynes that he had been wrong and that Josiah Wagstaff had also been with him. Later having seen the impressions he asked Desborough for his boots and compared them with the footmarks in the field. The right foot made a very similar impression in terms of size and nail marks. An impression was made beside the original marks and he was satisfied the impression was the same. Haynes went for Wagstaff’s boots and repeated the exercise. Wagstaff agreed the marks were like his but said there were several others with boots like his. Wagstaff would not say who had boots like his. Wagstaff later said he knew he was to blamed for the business and he was always in the company of Desborough but later told Haynes he knew nothing of it. About 3 months previous, Desborough had to pay a penalty for poaching and Mr Lewin had been the chief witness. Desborough said that Lewin would not get anything by it in the long run and there would be a chance for him sometime or another. Desborough and some other had been convicted a fortnight for being drunk and disorderly and disturbing Lewin and his family. Wagstaff said “It was to use to fret” and that if he did not get out of it he should get further in it”. Desborough said “so shall I”. [additional statement by Haynes] he traced the footmarks on the Wimmington Road and from the road down to the stile and from the first close to the road and them on to the fold. When he took Wagstaff into custody, Haynes told him which side he had walked on with Desborough and how that had changed when the got to the second field. Wagstaff said “I see you know all about it and I should like to know who it was as see us”. Wagstaff said if Lewin was judge and jury he would very soon be transported. Thomas Desborough, father of Ekin, came to visit the prisoners whilst in custody and told them they should say nothing to anyone either in gaol or out of it as they could do themselves a great deal of harm by talking. After the prisoners were in custody but before they appeared before the magistrates, Wagstaff knocked some large nails into his boots. Asked why he had done it, Wagstaff replied the shoes were going down on that side. Wagstaff later took them out again. Edward Farrer: he recalled Mr Lewin having a sheep killed and he knew the 2 prisoners. He was not in the company of either of them on the day the sheep was killed. He was not in their company between the sheep being killed and them being taken into custody. He did know a man called John Lawton but he had never to Lawton that Desborough had told him he wished he had never gone near the fold. He had been in Lawton’s company since the prisoners were taken into custody but had no conversation with him about the case. He had lived at Wimmington for 8 or 9 years. He did not know how long it would take him to walk to Lewin’s house. He was not intimate with the prisoners but he knew them. He had lived at the same house for 3 or 4 years. Statements of the accused: Ekin Desborough – he left it to his legal advisor Josiah Wagstaff - he left it to his legal advisor Included are 2 sketches: (i) of the fold and the footmarks (ii) of Wimmington Fields and Closes.

item

Desborough, Ekin,
Wagstaff, Josiah,
Lewin, Jonathan,
Lewin, Richard,
Haynes, Samuel,
Farrer, Edward

Wimmington, farmer, stealing animals, sheep, boots