The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-05-09 00:00:00

SERIOLTS CHARGE_ AGAINST A CATTLE

-EOE

Yesterday, at Genie Abbas polioe-courts J. E.
Bridge, Eaq. and the Rev. J. T. Hinds, justices of
this division, were engaged in hearing a case which
has created considerable interest in this district
from the standing of the principal person concerned,
and the nature of the charge brought against him.
Mr. Jonathan Neale, of Hazelbary Plucknett, cattle
dealer, and John Taylor, a drover in his employ,
were Charged with stealing a hog sheep, value 305.,
the property of Mr. Thomas Smith, farmer, of
Cattistock, on the 21st lilts and also with feloniously
receiving the same well knowing it to have been
stolen. Mr. Weston, of Dorchester, prosecuted,
and Mr. Howard, of Weymouth, defended. Mr.
Neale was apprehended under a warrant by Supt.
Brown on May-day, and lodged in the police-station
that night. On Tuesday morning he was taken
before Lord Digby, who liberated him on bail till
yesterday. Taylor was taken into custody on Satur-
day, April 29, and has since then remained in prison.
The Court was crowded with agriculturists and
others during the hearing of the ease. Mr. Neale
was accommodated with a seat by the side of his
solicitor, and Taylor was placed in the dock.
Mr. Weston, in opening the case, remarked that
the defendant Neale Wax an extensive sheep-dealer,
and theprosecutor, Mr. Smith, ocoapied Cattistaelt
farm. He stated the nature of the evidence
to be adduced, and said he believed that he
sh9uld be able to show, at least, that Mr.
Neale was a receiver of stolen property. If he made
out a prima facie case against Mr. Neale—a man
who up tu this time had borne a good character ;
Whether deservedly or not was more than he could
say—he was ante that the Bench would feel it their
duty to send the case for trial to • higher tribunal.
He then called

James Charles Chapman, a lad of 13, who said :
I live in Milford-esti-bet, Salisbury. lately I have
been at Weymouth. I was going to Yeovil on the
19th of April. On the way I overtook a driver with
some sheep close against Cattistock-hilL The
prisoner John Taylor is the man. He asked me
where I was going to, and I told him "to YeoviL"
He said that if I would help him drive the sheep to
Yeovil he would give me some bread and cheese and
beer, and some money when we got there. I
agreed, and helped drive the sheep. After I had
been with the sheep about a quarter of an hour
I saw a sheep straggling to get through a hedge,
and the drover went to drive it back or through-1
can't say which—and the sheep rushed out and went
amongst those we were driving. I said to Taylor,
we had better catch that sheep, and put it back
again, and he replied, "No we might lose two or
three more." We drove all the sheep on to Mr.
Warne's farm, at HolywelL Before this Taylor
told me there were 124 sheep, without the one that
had jumped in. At Mr. Warne's we put all the
sheep into a field, and there left them. I and the
drover then went to a public-house, near the Ever.
shot railway station. The drover did not attempt
to do anything with the sheep. I remained with
the drover the rest of that day at the public-house,
where we slept in a loft. Next morning at tour
o'clock, we got up, took the sheep from the
field where we had left them, and drove
them on to a farm about seven miles distant, belong-
ing to Mr. Burnell. The drover (Taylor) told Mr.
Burnell that he had one sheep in the flock more
than he ought to, which had got in at Cattistock
Hill. We put the sheep in an orchard there of Mr.
Burnell's. We arrived there between 10 and 11 a.m.
I waited till about one o'clock, when Mr. Neale
came, counted She sheep, and said there was 125.
The drover had previously told Neale that there
was one sheep more than there ought to be, which
had come through a hedge as they were coming over
Cattistock Hill, and mixed with ours. Neale replied
to that, "It is a far deal better than losing one 1"
When Neale had counted the sheep, he pointed out
with his stick the animal that had mixed with ours,
and said, "That's the one." It was marked differen.
My from the others.
Mr. Weston s We can produce the sheep if you
like.

Mr. Howard: No, no.
Mr. Weston 1 A pig was produced you know at
the last assizes. (A laugh.)
Cross-examined by Mt. Howard: I was at Wey-
mouth about a month. I slept where 1 could. I
went down there by myself to try to get en board a
man-of-war. I got my living by going errands. I
was at Winchester a month before that with a show
" wi' a dance outside." (A laugh.) It's very near
three months since I left my father. I was back at
Salisbury when the police wrote to me about these
sheep. I believe it was Wednesday or Thursday
that I met the man with the sheep. 1 was told it
was the 19th by some one. (A laugh.) Where the
single sheep got throngh,the hedge was two or three
feet high. If be had taken back that sheep the
others might have followed. When I was in the
public-house Taylor went out somewhere for about
half-an-hour without me. As soon as we had put
the sheep into Mr. Warne's field, Taylor
told me he was going to Mr. Warne's, and went out
of my sight through the farm, and was away five or
ten minutes. Mr. Burnell came to the sheep, and
the drover told him there were 125 sheep, and that
one did not belong to him, and bow it got in. Ten
minutes after that, Mr. Neale came. Mr. Burnell
saw Mr. Neale count the sheep, and was near enough
to hear all that was said about them. The drover
told either Mr. Burnell or Mr. Neale that he should
have driven the one sheep back, but he feared we
should lose ours. I did not hear Neale tell the
drover to tell the farmer to whom it belonged as he
went hack to send for it. Mr. Parsons came about
fire o'clock. The shepherd came and clipped some i
of the sheep. I don't know whether the single sheep I
was trimmed. I didn't see any sheep trimmed,
I was in the public-house all the while. When
I got back I don't know whether or not Mr. Neale I
said to the drover, "You must get back as quick
as you can, and ask the farmer to whom the sheep
belongs, whetber he will send for it or if he should
pay for it."
Re-examined by Mr. Weston: The drover told
me at Yeovil he was one of Hillfield.
By the Bench: All the sheep remained at Mr.
Burnell's the second night. Next morning, about
nine o'clock, as we were driving the sheep to Yeovil
market Mr. Neale came to us, and told Taylor that he
was to drive them to Mr. Parsons's, Bridge Close Farm,
Hazelbury Vale. We took them there, and drove
them into a barton. Mr. Marsh there came to us
and gave us • cup of beer each. The drover said
that the sheep came from Mr. Neale, and that he
(Marsh) was to take care of them. We then drove
them to a field, accompanied by Mr. Marsh. Both the
drover and Mr. Marsh counted them. Taylor told
Marsh there was one sheep in the flock more than be-
longed to him. We then left the sheep, and went into
Yeovil, where Taylor gave me some cider at the
Charles tap, and left ins, and I did not see him again.
Taylor did not give me any money. The inventor
of polio* at Yeovil saw me and gave me a night's
lodging. I did not mention anything about NW
sheep to him.
PWtd, EP *Oa 1104'

ing at Holywell. About three weeks ago Taylor
came ti me with some sheep he said belonged to Mr.
Neale, which he was going to take to Mr. Bornsll's,
at Barwick St. John, and asked me to allow the
sheep to stay there for a night. I know Cattistock Li I. It is about five miles from Hillfield.
Cross-examined by Mr. Howard : I have knose
Mr. Neale for some years. I dan't think him a
likely man to steal a sheep, or receive one knowing
it to have been stolen.

George Marsh said: 1 am Mr. Parson', bailiff at Bridge close farm, Hardington Manville, Somerset,
On Friday, April 21, Taylor brought some cheep.
The drover and I both counted the sheep separately.
There were 12.5. After that the drover went avray.
He did not call my attention to any one theep
particular. On the Monday evening following 1 savr
Mr. Neale at Hazelbury. On Tuesday or Wednesday
I saw Mr. Neale at Bridge-close farm with the sheep.
He said "They are all right, Mr. Marsh," and asked
me to help him take out some of the sheep as the
governor (Mr. Parsons) did not like black ones. I
did so. Sonic of the sheep were then driven to M.
Parsons's at Hazelbury, and the remainder were pat
into Mr. Neale's field at Hardington.
This witness was not croft-examined.
Henry Croft. said lain a shepherd in the
employ of Mr. Thomas Smith, Cattistock, and have
been so engaged for three years. Mr. Smith's farm
extends from Cattistock village to the_ turnpike
roads leading from Maiden Newton to Yeovil, one
close on Cattistock Hill which abuts upon the ten.;
pike road is called "Jenny's Garden." There ill
a good white thorn fence betwixt this close and the
road. I counted some sheep into " Jenny's
Garden," on the 19th April between five ends,,.,
a.m., and left them there. There were 180 hogs
amongst them, which were marked on the off ie
in the middle of the back with an "S" in a circle
having a cross at the top. On the 27th April I
again counted the sheep, and mimed one hog. I
went to Hardington, April 29th, and as, my
master's lost sheep in M. Neale's field. [1,12,
Howard: How does he know it was Mr. Neale's
field? If he'll say that he'll say anything.]
I was told the field was in the occupation
[Mr. Howard: I object to that]. Mr. Marsh wag
with me when I saw the sheep. Superintended
Brown was also there. The hog•aheep was put into
the cart Superintendent Brown had driven me down
in, and taken to Come Abbas.
Cross-examined by Mr. Howard: I have heal a
shepherd nearly all my life. I have known sheep to
stray. On the 27th April the Sydling policeman
(Worsdell) came and asked me if I had missed •
sheep. I said 1 didn't know. In presence of mutes
and P.C. Worsdell I counted them, and missed one.
I ought to have had 239, viz., 180 hogs and 59 ewes.
Next morning I parted the sheep and found it wale
hog that was missing. There were from 20 to 30
sheep at Hardington, where I saw the 'beep
that we brought to Come Abbas. I knew the
one brought away directly I saw it by the mark.
Mr. Marsh re-called: The field in which Superin-
tendent Brown, the shepherd Croft, and I found the
sheep, April 29th, was in the oceupation of Mr.
Neale. The sheep in it at that time were the fird
stock Mr. Neale had placed there.
Thomas Sulith, said: I rent Cattistook farm. /
have not sold a sheep to Mr. Neale for five or ail
years. I have to-day seen the sheep in possession
of Superintendent Brown. I believe it to be mine.
It is worth at least 30s.

Cross-examined: I have known Mr. Neale for
many years. Ido not think that he would steals
sheep or receive one, knowing it to have been
stolen.
Mr. Howard : Are you the prosecutor in this teas?
Witness hesitated.
Mr. Howard Oh don't answer i you don't like,
This closed the case for the p on.
Mr. Howard asked the magi.trMee if it was
necessary for him to address them on the case at all.
After the magistrates had consulted together for a
few minutes, Mr. Bridge said: This is acs.. which
has occupied considerable time; it has been investi.
gated very closely, and lam very glad of it. It is
the epinion of the Bench that the case has entirely
broken down; it is, therefore, dismissed.
The judgment was loudly applauded.
Mr. Howard said Mr. Neale was • man who had
lived for 10 years, and had always borne a good
character, and be trusted for his (Mr. Neale's) astir
faction, and for the satisfaction of his family, that
the Bench would add—he leaves this Court without
a blemish.
Mr. Bridge: That is my opinion.
Mr. Neale was very much aggrieved, and there
was some talk of his taking proceedings against thei
parties who brought the action.
The sheep was delivered up to Mr. Smith by
Superintendent Brown.