The Sun.
London, England, 1827-09-13 00:00:00

OLD BATLEY SESSIONS-(THIS DAY.)

OLD COURT.
(Before Mr. Justice GASELIE, Mr. Baron VAUGHAN', and
the Loan MATOR.)

To-day these Sessions commenced, and, after the
Jury were sworn,
John White, aged 52, was charged with breaking
and entering the dwelling-house of John Sissell, and
stealing therefrom two gowns, value as.; a hand-
kerchief, value ls.;- and a shirt, value Is.

John Sissell lives at Wilsdo'n; on the 12th July
last he went into a field to work ;
.he saw the pri-
soner coming out of his house with the goods wrap.
ped up in the shape of a bundle; he recognised it, and
asked what he had got there he said, nothing but
what was his own. Witness stated it was his, and
proceeded to take hold of it, on which the prisoner
ran ofT.- Witness followed him, crying stop thief,
and he was caught. The daughter of, witness lives
with him ; she also_ was from home on that day.
When she mint out she locked the door, and when
witness returned he found one of the windows open,
through which the house had been entered and the
goods' taken out.
Ann-Sissell, the daughter of last witness, proved
that she left the articles in the house when she went
out, and that those now produced by the constable
were the same.

Mr. Justice GASELEE left the case to the Jury,
who, after considerable hesitation, found the prisoner
Guilty.

SHEEP-STEALING.

Edward Sadler, aged 30, John Sadler, aged 20,
and Wnz. Tool 4, aged 26, stood indicted for steal-
ing a sheep, on the 29th day, of May last, from a
field near Hampstead, the property of John Smith,
residing there.
Mr. CLARKSON was Counsel for the prosecution.
John Smith sworn—l live at Hampstead; lam
a butcher there. In May last I had 43 sheep and
lambs; I missed one of those sheep; at about ten
o'clock, -on the 29th of May last. It was a Lincoln.
shire sheep, marked across the back and down the
loins. The skin was brought to my house on the
30th. lam sure it was the skin of the sheep I lost
ou the preceding day;. it was brought to me by a
boy named Howell. I also saw the head and parts
of the mutton, which,' on comparison,- corresponded
with the skin. I know the prisoner Tooley ; his
father is a respectable milkman at Hampstead. The
pieces of the mutton I saw were cut in a butcherly
manner, and not slovenly.
Cross-examined by Mr. PntutPs.—l bought the
whole of .the sheep' in Smithfield on the 28th of
May. I had no other means of being acquainted
with the sheep except what I had on that day, pre-
vious to the loss on the 29th. The mark by ocre is
a very common character. I did not' brand my
initials on' the sheep. I made the mark with the
ocre myself.
Thomas Ashby—l am a watchman at Hamp-
stead. At five o'clock on the morning of the 29th
May last I saw the two Sadlers on Highgate-hill ;
John Sadler had a bag on his back; I asked what
they had, and Edward said it was pork. I told
them I wished to see it; Edward said, if you will
I come to my .house I'll show it to you. I asked
where they lived ? Edward said, they lived just
I over the way: it turned out that they did live there.
I asked them to show me what the bag contained.
Edivard asked if I had any search warrant ?
I observed no; but it was my duty to inquire into
every thing of which I had a suspicion. Edward
then said, " well, if I must tell you the truth, it is
mutton." I found it to be a hind quarter, a fore
quarter, and some fat; it was warm. They said
they bought it of a man. The prisoner, Edward,
told his wife to go and tell the man of Whom he had
bought the mutton, that he had been taken to the
watchhouse. On going to the watchhouse, be said
it was probable the man might have gone to the
races. Edward said had bought mat 5 o'clock
on the preceding night; that they. bad been to
Hampstead; to get paid by their club; that they
had got six shillings as a week's allowance, having
been out of work, and that they had spent it all,
with which they had got drunk, which was the
reason why they had been out all night.
Thomas Grafton, the night constable, deposed
that last witness brought the two Sadlers to him
at the watchhouse on the 29th of May. The
bag produced contained the pieces of mutton
and fat mentioned by the last witness (Ashby.)
At the request of the Magistrate, the mutton was
delivered to- the prosecutor; witness on the same
morning went in search of Tooley, whom lie met
on the road at seven o'clock; he asked if he had
sold any mutton on that morning, or the preceding
night to any body ? he said no. He took him into
custody; witness searched Tooley's house, but found
nothing.
Cross-examined.—Tooley never was out of wit.
ness's presence till he was taken to the watch-house

John Bustin.:--Is a cOnstable'of Harnpstead. In
consequence of inforMation received lie searched
Tooley's house on 30th May, between It) and 11
a.m., in presence of another constable; in a basket in
the area he found the gut of a sheep ; in a cellar, he
found a piece of suet which appeared to be sheep's
fat; on searching the privy and stirring up the soil,
he found coagulated blood -there; a handkerchief
stained with blood under a 'sink, and at about a dis-
tance of thirty yards from Tooley's house, he
found a hind quarter of mutton which had been
drawn out of the soil of, the privy: Subsequently,
Witness went to examine a pond, called Blockhouse
Pond, at a short distance, and saw persons, who ac-
companied him, pull out a shoulder, a piece of fat,
and the pluck of a sheep, all fresh, as7well as an old
mutilated skin. Saw the former pieces compared at
the police-office, with the pieces that had been foUnd
on the Sadlers,as well as with the skin, with which
all corresponded.
• Cross-examined—The privy out of which the
mutton was taken was open to the public, and much
nearer several houses than to Tooley's; the pond
was also public, and a road round it. Tooley had
alWays sustained an excellent character.

John Phillips, another constable, corroborated the
testimony of last witness. Tooley had been at large
on' bail ; attended his business as milkman ever
since; had to-day voluntarily surrendered to take
his trial, and had always sustained a good character.
Eldridge, another constable, supported the
former evidence.

Jas. Howell, in fishing in a pond in the Vale of
Health, found a sheep skin, which he washed,' and
took it to the house of the prosecutor.
Cross-examined—Tooley s house is situated in
the midst of many others,/ in what is called Golden-
square; many houses are much nearer to the pond
than Tooley's, which is,the Most public pond on the
heath.
Charles Muller, a butcher, found a sheep's head
on the 30th of May, in Racket pond, in the Vale of
Health, which lie supposed corresponded with the
skin found by last witness.
John Kerridge, a butcher, living near Hampstead;
counted the prosecutor's sheep on the 29th, and
found the number to be 42; he also counted them
on the preceding day, to the number of 43. He
took them home to the prosecutor &Om SMithfield.
On making a careful examination of all the different
parts of the mutton found, he found theta exactly to
correspond with the skin, and was perfectly satisfied
that the skin was the skin of the absent sheep that
he had driven home for the prosecutor on the pre-
ceding day.
•
William Lloyd, the servant of the prosecutor,
counted his master's sheep on the evening of the
28th, and also on the 29th; on the 28th the number
was 28, and on the following day 29.
Eldridge re-called.—On searching the house of
Edward Sadler he found a meat-saw, chopper, and
several other things used in slaughtering sheep.
This closed. the evidence on the part of the pro-
secution.

The prisoners left their case to their Counsel.
A long list of very respectable gentlemen gave
Tooley a most excellent character for sobriety, ill-
dustTy, and honesty, from his childhood.. His family
had always borne an unimpeachable character. One