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Thomas Raines, my 3rd Great Grandfather, was christened 9 September 1798 in Molash, Kent, England and died in Geelong, Victoria Australia on 27 June 1872. The following is a transcript of his trial in Kent for sheep stealing and is the basis of his transportation to Australia in 1848.

Thank you to Kathy Myles, a RAINES cousin, for sending me this information on 10 August 1999. 

The Trial of Thomas Raines (Bodlesmere) 29th March 1842

The Examination of James Lankey of Aspringe in the said County, Bailiff, Henry Fame of Bodlesmere in the said County, Constable, William Bird (called 'Burton' in two depositions, but 'Bird' in his own) of Sheldwich in the said County, Constable, William Huckstep of Selling in the said County, coachman, and William Filmer the Younger of Faversham in the said County, butcher taken upon Oath before me Girard Gosseliu Esquire one of Her Majesty's Justices of the Peace for the said County of Kent, this twenty ninth Day of March in the year of our Lord, One-thousand-eight-hundred-and-forty-two who in the presence and hearing of the Prisoner Thomas Raines say.

And first the said James Lankey for himself says:

"I am Bailiff to Henry Horton the Younger Clerk and others at their Farm at Brogdale. On Wednesday last the 23rd of March instant there were 44 sheep in a field in the parish of belonging to the said farm adjoining Porter's Lane there was 18 in one Field and 26 in another. I counted them and they were all safe in the forenoon of that day. About 1/2 past 6 o'clock in the morning of the 24th instant I was informed that there was a sheep skin in a Field called Thumble Field being another Field belonging to the Farm on the other side of the road. I immediately went to the place and found that it was the skin of one of my master's sheep. On going to the Fold I found that there was one of the sheep missing. I then sent for William Burton one of the policemen and he came to me about 8 or 9 o'clock. We then went to the spot where the skin was and I observed the footmarks of some person about the place and I noticed that both trackings were rather particularly marked by having some large and small nails in each shoe - and in the right foot there appeared to be 2 large nails towards the outside more distinct than the others. I and Burton then tracked the footsteps in the direction towards the prisoners house within a quarter of a mile of the house - a search warrant having being obtained and since some mutton having being found in the prisoners house I carried the skin with the legs as found in the morning up to the Prisoner's House and I fitted the bones of the legs to the mutton so found in the Prisoner's House and they exactly corresponded. I fitted the two shoulders and two leg bones and are positive that they formed part of the same sheep. I have no doubt that the boot shoes now produced by William Bird the Constable are the shoes that made the foot tracks which were discovered at the place where the sheep skin and that we so tracked. The head of a sheep now so produced by William Bird is the Head of one of my masters sheep. It has my Masters' year mark."

signed James Lankey

And the said Henry Finn for himself says -

"I was at Whitehill on Thursday last and heard that a sheep had been stolen from Brogdale Farm - I went to where the skin had been found and there I saw Lankey the last Witness and Burton the Constable. I saw some footmarks near the place which we tracked in the direction towards the prisoner's House for about 50 Rods. Suspecting the prisoner I in company with Bird having first very accurately measured the footsteps and particularly where the nail marks went to search of the Prisoner and found him at work at Owens Court for Nothelton - The Prisoner was sent for by Mr Hilton and on his coming Bird and I carefully examined his shoes and I found that they exactly corresponded both in length and also in the nails in the shoes with the marks I had so tracked near the skin. I also observed that there was blood on the top of the left shoe - The shoes now produced by Bird are the shoes the Prisoners then had on and I have since compared the footmarks so found with the shoes and are positive that they were made by these shoes. The Prisoner was detained in custody and I then obtained a search warrant and in company with Burton I searched the prisoner's house and I there found the whole of the carcase of a sheep (except the head) cut up into pieces. I afterwards compared the bones of the two legs and two shoulders so found in the prisoner's house with the bones of the legs found with the skin and I am quite satisfied they belonged to the same sheep. On the following day Friday the 26th instant I went to the Prisoner's house again in the company with Bird and we there found the head of a sheep and a jacket pair of trousers and sack now produced by Bird. They were all delivered to us by the Prisoner's wife in the house. When I searched the prisoner's house the first time, I found part of the carcase concealed in a shawl in the outhouse covered over with a blue apron and the two legs and two shoulders I found in another shawl concealed under the bed. There was also the fat of a sheep in a cupboard and also a part of the liver of a sheep which had been cooked. I have also twice seen the mutton so found fitted to different part of the skin and I am quite satisfied that it formed one sheep. I delivered the mutton and skin so found to William Huckstep."

signed Henry Finn

And the said William Bird for himself says -

"I was in company with the two witnesses Laukey and Finn in tracking the footmarks found near the skin and also with Finn when the prisoner's shoes were examined and both their statements are in every particular correct. The shoes I now produce are the shoes which we then examined and I then took off the prisoner's feet. The head of the sheep, jacket, trousers and sack are those which I obtained from the prisoner's house when I searched Saturday morning. Whilst the prisoner was in my custody on Thursday he told us he saw a dog turn up a sheep in the Lane at Aspringe. He ran up to it and he then found a sack just over the hedge full of mutton which he took home. He afterwards when the mutton had been found said that he did not expect that the mutton would have been found as he thought his wife would have put it out of the way."

the mark of William Bird

And the said William Huckstep for himself says -

"The skin and the mutton I now produce I received from Henry Finn the Constable on Thursday last at the prisoner's house."

the mark of William Huckstep

And the said Edward Filmer the Younger having been sworn says -

"I have carefully examined the mutton now produced with the leg and skin and also the head and I have no doubt whatsoever that they all formed part of the same sheep."

signed EdFilmer
Generally taken and sworn before me G.Gosulin

The prisoner being asked if he had anything to say in his defence says-

"On Wednesday night I was going to Aspringe to see my daughter about half past seven and when I came out of the Fields into Porters Lane I meet a dog and a sheep and the dog (hemmed) the sheep up and I hollowed to the dog pretty loud and they came down the road and the dog got before the sheep and the sheep popped through the hedge into the turnip field near the fold and the dog ran away and I looked (over) through the Hedge on the other side of the road and there saw a sack full of mutton and about a rood into the filed I saw the skin lay with the head and I took the head and hid it in the hedge. I then took the mutton home and the next day morning I fetched the head home.

the mark of Thomas Raines
Taken and signed before me G.Gosulin Recogs.

Charles Jones Hilton ú40 to prosecute James Lnkey - 20 each Harry Finn - to give evidence William Bird - at the sessions William Huckstep - Edward Filmer the Younger -