The University of Texas at Austin

Law in Popular Culture collection

The Complete Newgate Calendar
Volume III

PATRICK BOURKE AND GEORGE ELLIS

Executed at Tyburn, 20th of February, 1745 for
Sheep-Stealing

BY an Act of Parliament passed in the fourteenth year
of the reign of King George II., for the security of
farmers and graziers, it is thus enacted :
   " If any person or persons, after the first day of May,
1741, shall feloniously drive away or in any manner feloni-
ously steal any sheep, or shall wilfully kill one or more sheep,
with intent to steal the whole or any part of the carcasses,
the person or persons so offending shall suffer death,
without benefit of clergy."
   Patrick Bourke and George Ellis were indicted at the
sessions held at the Old Bailey in December, 1744, for
killing fifteen ewe sheep, the property of John Messenger,
of Kensington, with intention to steal part of the carcasses
-- to wit, the fat near the kidneys.
   Mr Messenger deposed that he had lost fifteen ewes;
that their throats were cut, their bellies ripped open, and
the fat taken out; and likewise said that he had lost twenty-
seven lambs, which were taken out of those ewes; and he
deposed that the prisoners both confessed the crime before
Sir Thomas Devil on the Tuesday following; and that
Bourke acknowledged they sold the fat to a tallow-chandler,
for forty-one shillings and twopence-halfpenny.
   Bourke, in his defence, said that he was kept drunk by
the constable in order to induce him to make a confession,
but this not being credited by the jury, and there being
other proofs of the fact having been acknowledged, they
were capitally convicted, and received sentence of death.
They were hanged at Tyburn, on 20th of February, 1745.

[133]


Newgate Calendar Vol. III Table of Contents / The Complete Newgate Calendar