From the Folkestone Observer 12 March, 1864. Transcribed by Jan Pedersen.

STEALING SHEEP

Wednesday March 9th:- Before W. Bateman, A.M. Leith, James Kelcey, James Tolputt Esqs., and Captain Kennicott, R.N.

John Down, 43, labourer, and William Baxter, 45, labourer, were charged with stealing a sheep, the property of Mr. John Kingsnorth, on Saturday the 5th instant.

William Dunn, bailiff to Mr. Kingsnorth, deposed – There were 337 sheep in a field called Marvels on Saturday the 5th instant. On the day following my attention was drawn to them a little before seven o'clock. I found in the field by the hurdles the entrails of a sheep, and further on, by the Plain houses, the head, which had Mr. Kinsnorth's ear-marks, and I knew it by the marks to be the head of a sheep that was missing. The prisoner Downs has worked for Mr. Kingsnorth occasionally, and I know the prisoner Baxter from his selling ashes and my having paid him money occasionally. The skin produced is that of the sheep which was in the field on Saturday.

On the prisoners being asked if they had any question to ask this witness Downs replied “I found it on the beach yesterday, and that is all I know about it”.

Superintendent Martin was next sworn, and said: I am superintendent of the borough police. Yesterday, about 3 o'clock, I was in company with Superintendent English, Kent County Constabulary, in the Lower Sandgate Road, and met the prisoner Baxter close by the gas house, carrying the basket produced. I stopped him and asked what he had there; he told me “Some mutton”. I examined the basket and found it to contain a leg of mutton, a piece of the skirt, and a few cabbages. I asked him where he had got it from and he said a man named Downs had given it to him. I detained him and Superintendent English went up the Sandgate Road and presently returned with the prisoner Downs. In the presence of Downs I said to Baxter “You say this man gave you this mutton?”. His reply was “Yes”. Downs then said “Yes, I gave it to him for the cats”. The mutton was good – too good for cats.

The prisoner Baxter observed “It is all right what Mr. Martin has said”.

George English said: I am Superintendent of the K.C.C. On Monday the 7th instant I received information that a sheep had been stolen from the premises of Mr. Kingsnorth. I accompanied Superintendent Martin making enquiries respecting the missing sheep. On Tuesday the 8th instant, from enquiries made, we suspected the prisoner Downs and we watched him go along the Lower Sandgate Road, from Folkestone to Sandgate. When he got some distance on the road, he turned off the road, and I watched him go down on the beach. I was then on The Leas. He shortly after returned to the prisoner Baxter, who was on the footway, and put something into his basket. I could not see what at a distance. Baxter then came back into the road, and walked some distance in front of Downs. I returned to Superintendent Martin, who was at the corner of The Leas, and we went down the slope towards the road. When Superintendent Martin arrested Baxter I proceeded up the road in search of Downs, and met him a short distance up. I said “Is your name Downs?”. He said “Yes”. I said “Where did you sleep on Friday night last?”. He said “At Hythe”. I said “Where did you sleep on Saturday?”. He said “On the beach, just over there”. I then told him I should apprehend him on suspicion of stealing a sheep, the property of Mr. Kingsnorth on Saturday. He said “I don't know anything about it”. I took him back to where Superintendent Martin was with the prisoner Baxter, and Superintendent Martin said to Downs “This man said you gave him this mutton”. He at first denied knowing anything about it, and then said that he had picked it up on the beach. I searched the prisoner Downs, and found on him the clasp knife now produced, and a piece of rag. I said to him “Hello! There is mutton fat on it” (the knife). He said “No. That is bacon fat”. I replied that it was not bacon, but mutton fat. The rag had blood on it. I then conveyed both prisoners to the police station at Folkestone, and locked them up. I afterwards, in company with Superintendent Martin and Inspector Smith, made a search on the beach where I had seen the prisoner Downs previously. I saw Inspector Smith find the slop produced and part of a chine of mutton under some pebbles, buried about five inches deep. We afterwards found on the cliff the two fore-quarters produced. It was in the furze this side of the turnpike gate. The two fore-quarters produced are the same, and have been identified by the first witness.

Superintendent Martin applied for a remand, and stated that he had no intention of producing any further evidence against the prisoner Baxter, who, from enquiries made, he had ascertained to be asleep in bed, and not out of his house at the time the sheep was stolen, and in case of his discharge he would call him as witness against the prisoner Downs.

The bench decided on discharging the prisoner Baxter, and remanded Downs for further examination till Saturday (today).

From the Folkestone Observer 19 March, 1864. Transcribed by Jan Pedersen.

STEALING SHEEP

Saturday March 12th:- Before Captain Kennicott R.N., A.M. Leith and James Tolputt, Esqs.

John Down was brought up on remand, charged with stealing a sheep, the property of John Kingsnorth Esq.

Mr. Minter appeared for the prosecutor, and Mr. Wilks for the prisoner.

The depositions of Mr. Dunn, bailiff to Mr. Kingsnorth, and of Mr. Martin, superintendent of the borough police, having been read over (reported in last week's Observer), Mr. Wilks cross-examined Superintendent Martin, who said he first received information of the robbery on Sunday morning. There had been a reward offered of twenty guineas. He had been into one house in that neighbourhood to search. He had looked over several fields. He had searched no out-houses. He first saw Baxter in the churchyard on Tuesday last, a little after two o'clock. Baxter said to him “I have some information to give”. Witness passed on, and Baxter spoke to Superintendent English. He watched Baxter from the churchyard down the Lower Sandgate Road, and along that road, and then saw Down in advance of Baxter. Witness was on the cliff by the churchyard, and Baxter and Down were on the Lower Sandgate Road. Down was walking along towards Sandgate toll gate and Baxter followed Down. Witness kept them in sight until they got to a garden in the occupation of a person named Vye, where he lost sight of them. In a very few minutes afterwards he saw Baxter come in advance of Down in the direction of Folkestone. Witness was present when the two fore-quarters of mutton were found. Witness did not know what Baxter had in his basket when he stopped him at the gas house.

George English, Superintendent K.C.C., received information on Monday the 7th instant of a sheep having been stolen from Ingles Farm, and he accompanied Superintendent Martin making enquiries respecting the sheep. On Tuesday he watched the prisoner Down going along the Lower Sandgate Road towards Sandgate, and from The Leas he saw Down go on to the beach, and in a short time he returned on to the path running along by the beach into a garden to Baxter. Down put something into Baxter's basket, and Baxter came out into the road, and walked toward Folkestone. Down followed him at a little distance. Witness went down the slope from the Leas with Superintendent Martin on to the Lower Sandgate Road. Superintendent Martin apprehended Baxter, and witness proceeded up the road in search of Down. On meeting him, he said to him “Is your name Down?”. He said “Yes”. Witness then said “Where did you sleep on Friday night last?”. He said “At Hythe”. Witness asked “Where did you sleep on Saturday night last?”. He replied “On the beach, just over there”. Witness then told him he should apprehend him on suspicion of having stolen a sheep from Mr. Kingsnorth's on Saturday night. He said “I don't know anything about it”. Witness then took him back to Superintendent Martin, who was waiting at the corner with Baxter. Mr. Martin said to Down “Baxter says you gave him this mutton”. At first Down said “I don't know anything about it”, and afterwards he said “I picked it up upon the beach, and gave it to Baxter”. Witness then searched Down and found a clasp knife in his possession, and a piece of rag, and he shouted “Hello! There is a piece of mutton fat on this knife”. Down said “No. That's bacon fat”. Witness said “No. It's mutton fat. The knife had some mutton fat on it”. There was some blood on the piece of rag. Witness took Down and Baxter to the Folkestone police station, and afterwards he accompanied Mr. Martin and Inspector Smith to the place on the beach where he had previously seen the prisoner Down, who had walked some distance on the beach to a groyne, where some boards were placed to stop the beach, and there he stooped, and took something from the beach. In company with Inspector Smith witness went to the same place on the beach on the same day. He saw Inspector Smith take out from the beach, about six inches under it, the slop produced, and a back of mutton wrapped in the slop. On the following morning witness accompanied Mr. Martin, Inspector Smith, and the witness Dunn, in further search of the mutton. From the furze bushes a little past the toll-gate on the Lower Sandgate Road, about half way up the cliff, he saw Inspector Smith take up two fore-quarters of mutton, and witness took up the piece of loose sheep's skin from the same place. The witness Dunn gave witness the sheep's head produced. He had seen Inspector Smith compare the leg of mutton found in Baxter's basket, the back bone found in the slop on the beach, the fore-quarters found on the cliff, the head picked up by the witness Dunn, and the foot, and they exactly corresponded, and were parts of one sheep.

Cross-examined by Mr. Wilks: He first saw Baxter in reference to this case in the churchyard, when with Superintendent Martin, a little after two o'clock on Tuesday. Witness could not recollect whether he spoke to Baxter first, or Baxter to him. He believed Baxter said something about going somewhere with a basket. He said Down had offered to give him a pot or two of beer to walk up the road with a basket. Witness said “Yes, well”. He understood from Baxter that he was going to fetch some part of a sheep for Down. It was under his directions that Baxter went up the Lower Sandgate Road. Baxter had no basket in the churchyard. He did not tell Baxter to get the basket. He told him if Down wanted to give him anything, to take it from him.

Inspector J.E. Smith confirmed the evidence of Superintendent English as to the finding portions of the sheep and added that close to where he found the mutton on the cliff there was a very plain footmark. He counted the number of nails in the heel of the footprint, and found four nails in the first row, two in the second, and one at the back. There were five rows of nails running up the boots – two on the outside running from the heel to the toe speck, and the other three running right up the sole to the toe. He saw a similar footmark near where the slop was found. There were the same number of rows of nails in the boots worn by the prisoner as there were in the footmarks on the cliff.

Cross-examined: He only saw that one footprint distinctly. He did not notice whether it was a right or left leg boot. There were tips on the toe and heel. He would not like to swear to the heel tip.

P.C. Swain deposed to knowing the prisoner for years, and to searching him in the "Radnor Inn" about a month ago, when he had on the slop frock now produced. The slop had a place under the right arm which he thought was a pocket. It was a place unsewn. The slop produced had that unsewn place. It had also two holes in the back. He saw his corduroy jacket plainly through those two holes when he searched him.

Cross examined: It was a common sort of a jacket in this part of the country. He was about two minutes with the prisoner at the time he searched him.

P.C. Ovenden saw the prisoner about the latter part of January or beginning of February with the slop on now produced. Identified it by the two holes in the back. He noticed him at the time because of a robbery that had taken place.

William Baxter, living at the Dolphin Inn, in Kinsbridge Street, said that on Tuesday the 6th instant prisoner was in the "Dolphin Inn" nearly all day. Prisoner asked him if he wanted a walk. Witness asked “Where to?”. He said “Along as far as Mr. Vye's, and take a basket with you”. Witness said “What for?”. He said “To get some cabbage leaves for the rabbits”. Witness said he didn't mind about going. He went with a basket. Down went away before he did. When he got to the garden he went in, and looked around for Down, but he saw no person there, but he saw Down coming off the beach towards Sandgate, and he came up into the garden where witness was. Down took the basket, and opened it, and placed a bit of meat in it and said “If anyone asks what it is for, tell them it's for the cats. But it will make a very good fry, won't it?”. Witness said “I dare say it might”. He then pulled some leaves off, and put on the top of it, and told witness to go ahead. Witness came out of the garden, and prisoner came across after him, and shut the gate. Witness came steadily on the road and presently Mr. Martin put his hand on witness's shoulder. He found himself at last in the police cell with the prisoner Down, who said to him “Don't you fret; you won't get into much trouble”. Witness replied “I don't know that. Have you got any more left besides what Mr. Martin took from me?”. He said “There was a piece wrapped up in my slop close to the second jetty from Mr. Vye's garden. That isn't much; it is only the bones of the loin. Nobody can't find that”. Witness said “Where`s the skin then? Have you buried it?”. He replied “No. That's in among the gorse over on the cliff”. Witness saw Down at Vye's on the Sunday and Monday previous to the Tuesday.

Cross-examined: It was half past one or two o'clock when Down asked him to get some cabbage leaves. He didn't know he was to fetch anything but cabbage leaves. It was at the garden he first knew of anything else, when the prisoner put the mutton into the basket. He saw Superintendent English after he had seen the prisoner at the public house and before he went to the garden. He told Superintendent English in the churchyard that he was going to fetch something, but he didn't know what it was, but he might have had some suspicion. He might have told Superintendent English it was part of a sheep he was going for. He told the Superintendent he had some suspicion. He said “Go on, and fetch whatever it is”. The Superintendents, English and Martin, said he should be all right enough. He was not surprised at being apprehended afterwards. Part of the arrangement between him and the Superintendent was that he was to be apprehended. The prisoner and he were shut up together. The Superintendents did not tell him to question the prisoner Down about the sheep. He dropped in with the Superintendents promiscuously in the churchyard. He never heard of the reward at that meeting. He had seen the bills offering a reward previous to that.

Re-examined by Mr. Minter: The first time he heard of being apprehended was when he was apprehended. He went through the churchyard on an errand for another person.

Thomas Morford, Sergeant at Mace, was formerly a butcher. He had compared the leg, backbone, two fore-quarters and head of a sheep. The fat on the skin would have been left on the leg if a butcher had killed the sheep.

This being the case against the prisoner, he reserved his defence, and the magistrates committed him for trial at the next borough Quarter Sessions.

From the Folkestone Observer 9 April, 1864. Transcribed by Jan Pedersen.

QUARTER SESSIONS SHEEP STEALING

Tuesday April 5th:- Before J.J. Lonsdale.

John Down, 43, labourer, was charged with stealing a sheep, the property of John Kingsnorth, on the 5th of March last. He pleaded Not Guilty.

Mr. Minter appeared for the prosecution, and Mr. Lewis, of Dover, for the prisoner.

Mr. Minter stated the case to the jury, and then called the following evidence.

William Dunn, bailiff at Mr. Kingsnorth's said: On Saturday the 5th of March there were 337 sheep in the fold. On Sunday morning, the 6th, I went to the field and found the entrails of a sheep. About four feet from the fold there was a quantity of blood, where a sheep had been stuck. About 20 rods off I found the head and heart and a part of the lungs of a sheep. The head which I found had two ear marks. There were no such peculiar marks on any sheep as that sheep. I had seen this sheep in the field about 5 o'clock on Saturday evening. I counted the sheep on Monday and found 336.

William Martin, superintendent of the borough police, said that having received some information, he went on Tuesday, the 8th of March, near to the "Paris Hotel," and whilst there saw Baxter. He spoke to Baxter, and found a leg of mutton and a bit of skirt of mutton with a few cabbage leaves in his basket. Superintendent English and the prisoner then came up, and witness asked Baxter in the presence of Down where he got the mutton, to which he replied that he had it from Down. The prisoner hesitated for a second or two, and then said he picked it up on the beach and gave it to Baxter for the cats. At that time he had Baxter in custody. He saw Mr. English take a knife from Down, and observed mutton fat upon it. He afterwards went with Inspector Smith to the beach and found the backbone wrapped up in a slop. The next day they found among the gorse on the cliff near the turnpike, a foot and part of the carcass of the sheep, and two fore-quarters with a portion of the skin on them.

Cross-examined – Did not lead Baxter to think he would receive any reward for giving information.

William Baxter, living at the "Dolphin" said prisoner asked him to step along to Mr. Vye's garden for some cabbage leaves. He had some suspicion, and communicated with the police. When in the cell prisoner told him where the remainder of the sheep was.

Mr. Lewis addressed the jury for the prisoner, and the jury found him guilty. The Recorder then sentenced him to three years' penal servitude.