QSR1867/4/5/16

Depositions of Henry Down and Frederick Down, merchants of Woburn Sands. James Daniels, labourer of Woburn Sands. William Byway, labourer of Woburn and George Barnwell, labourer of Woburn. In the case of William Farr, labourer late of Woburn, accused of stealing 3 trusses of hay.

14 October 1867

From: 1867 To: 1867

Henry Down: he was a merchant and lived in Woburn Sands. He occupied a field in the parish of Woburn. There was a hay stack there. The prisoner was told to cut the stack on 1 October. The prisoner was at work on that day but had no business in the field at 8pm. The prisoner finished his work at 5pm or soon after. The prisoner had worked for him before and he had always found him honest. He did not know of his own knowledge that the prisoner left at 5pm. He had not told Daniels to lock the place up. James Daniels: he was a labourer and lived at Woburn. He was in the employment of Mr Down. On 1 October he went with a cart to the field about 5pm, where the prisoner was cutting the hay. He brought away 20 trusses. The prisoner said “you have twenty trusses. There are sixteen left”. There were 7 trusses in the barn and 9 outside. William Byway: he was a labourer at Woburn and employed by Mr Down. He was at work in Down’s field on 1 October. He saw Daniels come and go with 20 trusses. There were 18 trusses left in the field. He heard the prisoner say there were 16 trusses left. They were to be put in the barn and were all stacked up in a corner, 3 or 4 yards from the doorway. He counted the trusses after the prisoner left work at about 5.45pm. He went to the barn the next morning. There were 18 trusses stacked up as he had left them. He noticed 2 trusses were 8 or 9 pounds larger than the other trusses. Those 2 trusses were at the bottom in the front of the others and by themselves. One was on top of the other. He swore there were not more than 2 big trusses. He counted the trusses before he left the field at about 6pm. The prisoner was not there then. The prisoner did not say that he would go down after 10pm. The door was fastened with string. George Barnwell: he lived at Woburn and was a labourer in the employment of Mr Down. On the evening of 1 October he was working with Mr Down in the Woburn Road, after dark, between 7 and 8pm. In consequence of what he saw he went, at the request of Mr Down, to the barn in his field and watched there for 3 or 4 minutes. He saw a light in the barn and went to the barn door. The prisoner was coming out of the barn and he collared him and asked what he was doing there. The prisoner said “Who thought of seeing you I came to see whether the hay was safe”. Mr Down came up and went into the barn and stumbled over a truss of hay in the barn which was lying on the ground. They were about a yard and a half from the door. He had not meddled with the trusses and left them there. [cross examination] He did not see the prisoner come out of the barn as it was dark. He did not get light. He collared the prisoner first. The light was out then. He caught hold of 2 trusses but could not say if they were big or little. Frederick Down: he lived at Woburn Sands and was a merchant. On the night of 1 October he was at Woburn Road about 7.45pm and he saw the prisoner going down the road towards his brother’s field. He was working with the witness, Barnwell, and saw a light in the barn and went across the field to the barn. Barnwell went on 3 or 4 minutes ahead. He found Barnwell had hold of the prisoner by the collar and they were half in half out of the barn. He asked the prisoner what he was doing there and the prisoner said he had nothing of his. The prisoner had no business in the barn that time of night. He went into the barn and found a truss of hay on the ground. He fell over it. All the other trusses were stacked up about 5 yards from the door. The trusses on the ground would make about 3 of the trusses that were cut, and were out of proportion with the others. The next morning he counted the trusses in the barn and there were 16 beside the bigger ones. The trusses were valued at 2s 6d each. [cross examination] he had not seen the trusses before that day and saw some of them had been cut. The prisoner was on the other side of the road when he saw him and it was very dark. He was coming from the field and did not speak to him. Barnwell fastened the door. Statement of the accused: he reserved his defence.

item

Farr, William,
Down, Henry,
Down, Frederick,
Daniels, James,
Byway, William,
Barnwell, George

WOBURN SANDS, WOBURN, stealing, hay, merchant