The Trial

On Tuesday 17 March 1835, at the Lent County Assizes in Exeter, Josias Austin, 35, Alexander Croote, 41, who can neither read nor write, and Wm. Coombe, 25, who can read and write, were charged with stealing, on the night of the 17th or early on the morning of the 18th of January last, at Broadnymmet Barton, in North Tawton, two fat wether sheep, the property of Thomas Prickman. Mr Tyrrell was for the prosecution. Mr. Bird for the defence. On the 18th of January Mr Prickman missed two sheep, which had been in a turnip field near the house - altogether there had been 71. He ordered a search to be made, but did not search the house of the prisoners.

James Partridge found two skins in a meadow of Mr. Prlckman's farm, and, on examination, discovered the sheep which had belonged to them had not been killed in a butcher-like manner. Oliver Sampson searched Croote's house, where he found a leg of mutton dressed, about 30 lbs. of mutton in at sack, cut into small pieces and salted, and in a stean (an earthenware vessel) some more mutton similarly cut up and salted, and, a pan with about 6 or 7 lbs. of melted suet. In Coombe's house, mutton was found in a similar manner, as also a stean full of mutton, concealed in a hedge in his garden, which he informed them of after his arrest. He further acknowledged the fact, he, Austin and Croote went to the meadow together, killed the sheep, and equally divided the carcases. The skins were produced and identified by Sampson, the hind of Mr. Prickman. John Luxton Seward found a bag of mutton, fresh salted, and cut into small pieces, about 60 lbs. weight, concealed in a rick, at Austin's. There was snow upon the ground, and he tracked footsteps from the house to the rick, which corresponded exactly with Austin’s shoes. Cross examined.-The rick is by the side of the turnpike roads; there are few roads near, and one house beside Austin’s. Re-examined. The footsteps did not lead from the road to the house.

Austin, in his defence, said that he did not know how the meat came to be in the rick. Coombe said that he bought the mutton found in his house at market and Croote, that he received his from his brother. John Shillson, farmer, of [Greenslade] North Tawton, spoke to the good character of Coombe, while in his employ, but on cross examination he admitted that he did not bear an honest name. The prisoners all bore the appearance of labouring men.

The offence having been clearly proved, and the Jury returning a verdict of Guilty, the Learned Judge, after a suitable admonition, in which he remarked that it was melancholy sight to observe able-bodied men like them in such a situation, when they were well employed too in respectable labouring occupations, sentenced them to transportation for life.