OF their guilt, there was no doubt but jurors felt genuine sympathy towards two men who had stolen wood in the New Forest.

“We recommend them to the mercy of the court,” the foreman implored.

The judge, R F Thresher, was taken aback. “On what grounds?”

The foreman replied: “Because they are very poor people and they were driven to it by hunger and cold.”

Thresher pondered for a moment. “That is a very dangerous precedent. Still the court is always to consider a merciful recommendation.”

Even so, he still jailed Henry Shergold and Henry Windebank, 34, for a month with hard labour for stealing five pieces of timber, belonging to the Queen, at Bramshaw.

It was the late winter of 1855 when Pc Duel in the company of assistant groom keeper Guy Toomer saw two two pieces of wood lying on open ground. They had evidently been moved and despite it being 2am, the pair hid and waited.

Sure enough, some 20 minutes later, Shergold and Windebank returned to pick up the timber.

They had gone 40 yards when the officials announced their presence. The pair dropped the load and taking to their heels, ran off in different directions.

Toomer brought down Shergold but Windebank was too quick and evasive for Duel who nonetheless had recognised him from past encounters.

Shergold immediately confessed: “It’s a bad job. I wish i was home in bed.”

Windebank lived just 150 yards away and the trio made their way there, finding the fugitive in the garden with another piece of timber.

“I know nothing about it,” he unconvincingly exclaimed. “I have just got up.”

Two further bits of wood were then quickly located with Duel estimating was worth about 10s and would have required two men to carry them.

Shergold said he had gone against his wife’s wishes to get wood to keep them warm and Windebank nodded in agreement that was true.