QSR1866/1/5/5a,6,7a,8a,9a

Depositions of Samuel Pilgrim, farmer of Luton. George Smith, police sergeant of Luton. John Gardner, master of the union workhouse at Luton. Mary Bushby, widow of Luton. Edward Penn, marine store dealer of Luton. In the case of James Kempston, Thomas Nash, William Smith, William Tooley & Thomas Sanders accused of stealing 26 fowls.

20 November 1865

From: 1865 To: 1866

Samuel Pilgrim: he was farmer and dealer and lived in Church Street, Luton. He had a field and some farm buildings up the lane opposite Christ Church. He kept fowls there. On the night of 9 November he had 29 fowls there. They were safe at 6pm and he had locked them up in the building. The next morning he found the hen house door had been forced and the lock broken. There were 26 fowls missing. He informed the police. Sergeant Smith examined the place and they went together to Luton. After some time he was called to the Elephant and Castle beer house, kept by Tooley. He went into the backyard and saw Sergeant Smith. He was shown 26 fowls, consisting of a cock and 26 hens. They were his property. They had been freshly killed. Some were in a hamper, some in a sack and some were loose. Those in the hamper were still warm. The fowls were worth £3. 2 of the fowls produced had strayed away and he afterwards found them at Mr Gardner’s at the Union Workhouse and got them back. The sack was from his premises. Sergeant George Smith: on the morning of 10 November he went to Mr Pilgrim’s premises in the lane opposite Christ Church, Luton. He saw the door of the hen house had been broken open and the lock had been broken. There was a quantity of fresh feathers lying about as if some fowls had been recently killed. He traced some footmarks across the yard and down the lane towards Christ Church and saw a few feather lying about. He went to the Elephant and Castle kept by Tooley. He asked Tooley if any fowls had been brought there the previous night or that morning. Tooley said there had not. He went into the tap room and saw some fresh feathers lying there. He picked some up and went into the yard again to Tooley and told him he believed fowls had been brought there. Tooley said there had been ducks brought there about a week before but he had not seen any fowls. Tooley said he would tell at once if there was. He saw the stable was locked and Tooley said it was to keep his dogs locked in. Smith asked to see inside and Tooley pulled the key from his pocket and unlocked the door. Behind the door was a sack which had 9 dead fowls in it. Tooley said they must have been brought in whilst he was lighting his fire that morning. On further searching the stable he found a hamper containing 11 fowls which were still warm. The hamper was labelled ‘M Leech 5 Hitchin Road, Luton’. Behind the hamper he found 6 further fowls. That made a total of 26 fowls. He told Tooley to tell him who had brought the fowls there and if he could not he would take him into custody. Tooley made no answer. Mr Pilgrim identified the fowls as his. Tooley was asked again and after some thought said they were brought to him by 2 chaps with a truck selling salt. Tooley said one was named Nash and the other he did not know. Smith went in search of Nash and found him at Markyate Street. Tooley said he was one of the men who had brought fowls to his house. He took Nash into custody and charged him. Nash denied the charge and said he had taken some fowls to Tooley but he had not stolen them. He took the prisoner Smith into custody the same day. William Smith said he knew nothing of the charge. He took Kempston into custody on the Saturday and asked Nash in his presence if he was one of the men who had stolen the fowls. Nash said he was. Kempston said “you’ve rounded upon me and I will round upon you. You went with me last night up the lane by Christ Church and stole 7 fowls and took them down to the Elephant and Castle”. Kempston said they had sold them to Mrs Tooley for 6 shillings and a quart. Kempston said Bash had gone away and he had not seen him again until he was at Tooley’s on Friday when Nash brought down some fowls on a truck. Kempston said Nash told him that he and others had stolen them and had about a score of them. Sergeant Smith took Sanders into custody and Nash identified him as the man who helped him take the fowls into Tooley’s house. He charged Sanders who said he had helped push the truck down to Tooley’s and had helped carry them in. Sanders said he had carried a skip and Tooley the other; they had taken them to the stable and Tooley had locked the door. Sanders said he had a pint of beer and that had been all he had to do with the fowls. Tooley was taken into custody on the charge of receiving 26 fowls knowing them to be stolen. John Gardner: master of the Luton Union Workhouse. He knew Mr Pilgrim. The meadow in which Pilgrim had his farm yard was situated adjoining his garden. About a fortnight or 3 weeks ago he had 2 hens come astray and he gave them up to Pilgrim. Next he heard they had been stolen. He believed the fowls produced to be those which had gone astray. Mary Bushby: a widow of 5 Hitchin Road, Luton, next door to the prisoner William Smith. On 10 November Smith came to her house to borrow a hamper. She lent it to him which bore on it her father’s address in her father’s handwriting. It had been sent to her from Silsoe. The address was ‘Miss M A Leech, 5 Hitchin Road, Luton’. Edward Penn: a marine store dealer of 2 Back of Hitchin Road, Luton. The prisoner, Nash, was his half brother. He knew the prisoners Smith and Sanders. On the morning of 10 November the prisoner, Nash, had his truck some salt in it near the Wagon and Horses public house in Hitchin Road. Nash asked him to go to Markyate Street with him. He saw Smith bring a hamper out of his house on his shoulder and load it on the truck. Sanders came out of the house with another hamper and put in on the truck. Sanders and Nash went down the road with the truck to the Elephant and Castle. He followed behind. Smith went back. He belived he saw Tooley looking out just before the men got to his house. Nash took one of the hampers into the house and Sanders took the other. Statements of the accused: William Smith – Thomas Nash came to borrow a hamper from him and he borrowed one off Mrs Bushby. There was nothing in the hamper when he gave it to Nash. Nash told him some time ago he’d give him 12 months [?] He knew nothing about the fowls. Thomas Nash – he knew nothing about the fowls only that when he was at the Elephant and Castle on the night of 9 November, Kempston came in with 7 fowls he said eh had from Christ Church and had asked him to go with him for some more. He had said no and had gone home when they shut up. He went to the Wagon and Horses and saw Smith and Sanders there. He went home. Next morning Smith and Sanders asked him to go to Tooley’s and ask him to buy 19 fowls which they had covered over in ashes in Smith’s barn. He told them he would go and ask. Tooley said he’d have them but those with their heads off he was obliged to eat him. He told Smith and Sanders he was going to breakfast and went to Markyate Street with a truck. He said they could put the fowls on if they liked and he would take them to the house. They brought them and he took them to the house. Sanders went with him and Smith went down behind. Tooley and Sanders took them in and he went off to Markyate Street. James Kempston – Thomas Nash came to the Elephant and Castle and asked him to go with him to stealing some fowls. Chas Cook, Nash and himself went down as far as the town hall. Cook went home. He and Nash went to Pilgrim’s hen house and Nash broke it open with a knife. Nash killed 7 fowls and put them in a bag. They left and went to Tooley’s. Tooley was in bed. He and Nash took them to the cellar and Mrs Tooley asked what he wanted for them. They agreed on 6 shillings and a quart of beer. They went to the tap room and drank the beer. They had 3 shillings each. He went home and went to Tooley’s next morning. He afterwards met Nash against the 8 Bells. Nash said he and 2 others had been and got about a score of fowls. He went to the Elephant with Nash. He sat in the tap room whilst Nash brought the fowls. Thomas Sanders – he knew nothing at all about them. William Tooley – he left it to his attorney.

item

Kempston, James,
Tooley, William,
Nash, Thomas,
Smith, William,
Sanders, Thomas,
Pilgrim, Samuel,
Smith, George,
Gardner, John,
Bushby, Mary,
Penn, Edward

LUTON, Luton Church Street, Luton Hitchin Road, Luton Wagon & Horses, farmer, stealing, marine store dealer, fowls, beer houses, beer shop keeper