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COURT CASE NOTES EARLY 1849
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This is one of a series of notebooks kept by Baldwin Fulford JP, during hearings at a magistrates' court or petty sessions. The date of this one is early 1849. It contains notes of the charge, evidence, verdict and sentence, if any. The crimes are mostly theft, particularly of animals, with one of obtaining money under false pretences. They were committed at locations across Devon.
The notes were evidently written at high speed. Punctuation is minimal. To assist the reader, I have inserted a colon after the name of the witness and an additional space between phrases. Names given may not be wholly reliable, either in the original or in this transcription.
Locations and surnames include the following:
Colllumpton: COZENS, DUMMETT
Bradworthy: WALTER, DAYMAN, OKE, CHUB, MAY
Crediton, Hollacombe: WARREN, HUBBER, BRAGG, CHERITON, ROWDON, SMITH
Tamerton Folliott: JACKSON, BRIGGS
Topsham: COLES, THORNE, DAVY
Crediton: CLARKE, CARTHEW
Heavitree: ROGERS, BAKER, DAVY, ENDICOTT, BRADBEER, HONEYWILL, ?TYLER, RATCLIFFE, LASCELLES, YOULDON, BEAVIS
Bigbury: EDWARDS, ADAMS
Totnes: BAKER, PAYNE, POWNALL, ADAMS, COLLIER, FOWGILL, BISHOP, LAMBSHEAD
Northam, Appledore, Stratton: RENHORWOOD, WILLIAMS, CLARKE, CHAPPELL, COPP, DRAKE
Totnes: SEARLE, HOLMWOOD
Chittlehampton: FARRIER, NOTT
Collumpton: MITCHELL, CARNALEY
Torbryan: WINSOR, ELLIOTT, CORNISH
Sandford, North Creedy: HORVID, BERE, WILLACOTT, THORN, HATTON
Broad Clist: PARSONS, RICH, VICARY
Huntshaw, Bideford: WALDRON, REDDICLEAVE, SULLIVAN, PARKHOUSE
?: OSBORNE, CROTCH
Hemyock, Willaton, Halberton, Tiverton, Taunton: SANSOME, BLACKMORE, SHARLEY/SHARLAND, GILLARD, TUCK, CROOK, ?GANE
Merton: STAPLEDON, POPE
Bishops Nympton, Southmolton: NOTT, BOWDON, WARREN, FURSE, RAWSON, WESTERN, ALLEN, FISHER, HUXTABLE, SLADER, VESEY
Lapford, Thelbridge, Wembury (?Wembworthy); CROSSMAN, BARNES, HOSEGOOD, HARRISON, WREFFARD, DAVY, SOUTHCOTT, DRAKE, LEE, VESEY, RICHARDS, COLE
Hittisleigh, Moreton, Hereford: LANGBRIDGE, ROWE, HARVY, PONSFORD, HUNT, COOMBE, DAVIS, SHEARS, NOSWORTHY, LANGRIDING, HAMLYN HUTCHINGS, MASSEY, LEY
Mamhead: JAMES, QUANTOCK
Monkton, Cotleigh: WILSON, NORTH, GRIFFIN, TREBY, VINCENT
Hockworthy: LANE, BRITTON
Transcribed by Fay Sampson Priestley, Jan 2003
Henry Cozens stealing cheese property of Mary Dummett 6 Jan Collumpton 2nd offence Pd guilty.
Mary Walter 20 sov. Property of Jane Dayman from Dwelling at Bradworthy 3 Feb. Saturday
Jane Dayman: lives with son in her own house have Bedroom stairs go from room below to it no door. no one could go up while I was in room without my seeing had in bedroom 20 sovs, in a bit of print cotton in a purse in nightcap in a box locked my sons he had key I had seen it since Xmas I know Prisoner she worked at my house during Jan saw Saturday 3 Feb she slept 1 + 2 Feb in the room where money was we went to bed together we got up together I went down first son sleeps in room did not open box or see it open 4 Feb went up stairs looked money gone
XXX: she was not more than 5 minutes after me she was making the Beds & had not quite finished. No one else had been in house.
Richard Dayman: son of witness saw money on Sunday 28 Jan found money gone 4 Feb. the box was broken open unlocked but bolt shot Key was gone from where I kept it. I had put it there Sunday 28. Cloaths in box the key was kept on top of the bed.
Hugh Oke: constable know Pris she has received Parish relief many years. I went to William Chubs Feb 5 found Pris. She generally found there saw her by fire I said I am come to take you Mrs Dayman has lost some money she said she was bad in her bowels & must go up stairs she went into ?inner room from the kitchen she stayed a minute or two she ran to the door said she wanted to see ?May ?hop I stopped her Chub was there she said she must speak to him I said I must hear He said he did not want to speak to her. I asked to search house Chub did not object. Stayed with prisoner May other constable went up to search. May she came in and said (after money was found they have found the money Pris said it is not mine. May gave me money 18 sovs. in a glove. As I was going to prison with prisoner she said if it was her money it was wrapt up in four pieces of gown lining & put in a glove
William May: went up stairs found between bed tye & sacking 18 sov wrapt in cloth & in a glove.
Elizabeth Chubb: Pris came on the Saturday we have 3 bed rooms she slept in one with children. I made the bed on Sunday 4. she slept there that night she went to the town on Monday. We had not so much money in the house never new Pris with money the money was found in my room.
Guilty 9 months H L |
Thomas Warren not guilty admitted Queens
George Hubber stealing 3 fowls 19
Frederick Bragg. Jan. Property of Richard Cheriton at Crediton
William Cheriton: son of R.C. lives with him missed 3 fowls on 19 Jan Friday 8.9 morning 2 hen 1 cock saw them evening before 4.5. We had 12 or 13. saw footsteps under linhay where fowles usually roost 3 men Warren's & Hubber's are particular about 2 miles along road through field to plantation found head & leg of one hen both legs of cock feathers about like got Rowden constable traced footsteps ¼ mile to town there they separated 2 we saw after towards town separating. Identifies feathers &c.
James Rowden: saw footmarks about 10 oclock 3. discribes followed 2 to Smiths found Hubber & Warren shoes corresponded took them to Cheriton & compared footsteps one part of the ?soule right. of Hubber gone found feathers in H's pockett like those in plantation. he said he had not been there took Bragg same night. he had not same shoes
Mary Smith: 18 Jan 3 Pris together 10 or 11. left. returned 8.9 next morning all together when they went Bragg and Warren came together½ or an hour Warren Bragg gone hour before constable
Thomas Warren: 18 was at Smiths Bragg & Hubber were with me. We went & lay down by Hedge towards Cheritons We went to Hollacombe We took 3 fowls from linhay Frd Bragg took them. We took them to copse picked them & cut off heads & legs Bragg & I went to Smiths We went into town different way about ½ hour Hubber came Bragg went away & Police came
X: Policeman offered money Rowden & gave me beer
Guilty | F. Bragg | ) 6 months | |
G. Hubber | ) |
Mary Jackson Silver spoon property William Briggs her master 6 Feb at Tamerton Folliott
Guilty 6 months |
John Coles 1 chain property of Wm Thorne of Topsham 6 Feb Wednesday
Gt. 14 Days |
The Same 1 chain property of D. B. Davy 7 Feb. Thursday Not guilty
Ann Clarke Crediton fowl 26 Jan Friday property of John Carthew
4 weeks |
Andrew Rogers | ) Heavitree 27 Jan Saturday |
James Baker | ) 1 sheep property of Robert Davy |
John Endicott: employ of Davy had 10 sheep bought in Sept. 27 Sat. 28 missed wether sheep looked for tracks saw a man footsteps went for Bradbeer. Saw then two mens tracks in a turnip field adjoining in a wheat arish next to Linhay field saw head & skin mark on skin in field saw tracks again in fallow field and on to Topshams road Identifies head feet skin
William Honeywill: knows field found skin & head &c fresh blood
Wiliam Bradbeer: paced tracks. Endicott right as to where tracks. Produces track and boots
Robert ?Tyler: took them & their boots searched Andrew Roger's Housevhis wife at homevRatclife took out a pan from under bed.
Wm Ratcliffe: went to Rogers ?for Henry Lascelles. found at Bakers
William Youldon: Butcher not Butcher's work matches Head with Rogers. Baker's matches Rogers
John Beavis: agrees.
Guilty. 7 years |
John Edwards: Hay property of John Adams of Bigbury 6 Jan Saturday Guilty. 3 months.
12 Henry Baker Totnes pr trowsers Property of John Payne 31 Jan Wednesday
John Payne: tailor 30 Jan saw Pris about 12. Bought waistcoat trowsers next day took cloaths I went up stairs to get them he went up with me I went under a table to get the box they were in on it were a waistcoat & trowsers. I gave him his he had on a frock coat he went away said he should come again. I went up stairs trowsers & waistcoat were gone I saw him next day & went for constable he said I took some things yesterday and will tell you where they are if you wont do any thing. I said come with me & we went to constable & I accused him & gave him in custody he said he would tell me where it was he would not show constable to Edward Pownalls Pris showed his Bundle & there was waistcoat & trowsers he bought & those he carried away
X: He had dealt with me for two years I never trusted him he always ?past he never asked. I never told any one he meant to pay or bring it back. Did not tell Adams he might have taken them by mistake or Collier or that if Pris said he took them by mistake you could not deny it.
Mary Fogwill: 1 Feb Pris came he brought two bundles left them gave them to constable
John Bishop: Pros came with Pris Pros said give in charge Pris said I know where it is I will go with & get got it at Fogwill Produces
Defence William Adams: cordwainer last Saturday talked to Payne Collier with me. Payne said the young man said he took them by mistake & I think he did I said if he says so at Exeter he said I cannot deny it.
X: evening about dark I went to ask what he intended to do about Henry Baker I called the Collier's in to give them some cider Friday. Next day we went to Paynes no it was Saturday they came we agreed to go at 1 but they did not come till 3.
John Collier: Saturday at Paynes saw Pros He believed he did not intend to steal.
X: I met Adams on road we had not met before the day it was by accident we met my mother in law was not with me
William Lambshead: knows Pris I know nothing about his character
Guilty 14 Whiping |
John Renhorwood canvas &c Northam 5 Jan William Williams Friday
William Williams: Appledore saw in constable hands canvass Friday. Saw it Wednesday in farm yard
John Clarke: was with Chappell on Thursday 4 Jan 12 ½ road to Northam saw at Stratton Prisoner had Hatchett bag canvas dropped them & ran gave it constable
Henry Copp: produces
Francis Drake: Identifies 4 Jan saw it
Guilty. 3 months. |
William Searle one cheese Property of George Holmwood 14 Feb at Totnes Wednesday
George Holmwood:
Guilty. 3 months. |
Thomas Farrier Chittlehampton 9 Jan Tuesday Boots Property of Thomas Nott
9 months |
Elizabeth Mitchell Collumpton 28th Dec 30 turnips Property of John Carnaley
Guilty .oll till Saturday. |
Richard Winsor 50 turnips Torbryan property of John Elliott. Thursday
John Elliott: 25 Jan had in field turnips 4 afternoon 9 evening at the gate coming out with load on back called no answer I road in caught Pris.
John Cornish: found baskett
3 weeks |
19 Samuel Horvid Parish of Sandford 4 Jan Thursday Ewe sheep Property of Abraham Bere
Abraham Bere: North Creedy Sandford 41 sheep in turnip field 3 Jan afternoon 4.5. all right. Next day 4 9.10 found skin next field about 20 yards off ewe fat. Ewe missing dark spott in ear sore foot I ?paid. Skin corresponds same day went to House of Horvid constable found mutton. found mutton fat. Also part of head was on table for dinner
X: known Pris more than year
William Wellacott: found mutton fresh in bed room 40 lb ?scathd some warm by bed. In back house sheeps ?Hange over sealing fat in kitchen in another outhouse 2 fore quarters under straw under same roof. Took Pris charged him Pris going to Pris said Lias knows no more than you he was not present. Poverty and large family drove him to it.
Silvanus Thorn: mutton corresponds no doubt the mutton came from that skin.
Jas Hatton: agrees.
XX
Daniel Hattin: 6 months never heard any thing agn him
Guilty 7 years |
8 Richard Parsons Broad Clist. 31 Jan Wednesday 2 wedges &c Property of Samuel Rich
Guilty W. 14 Days |
Same 1 shovel Broad Clist 23 Jan property of James Vicary 23
W. Discharge |
9 William Waldron Huntshaw one pig 1st Dec. Property of Wm Reddicleave
Elizabeth Reddicleave: wife of Wm Reddicleave keep a pig saw it 9 evening 30 Nov. gone next day Barrow pig white not ringed tail turned strait over back about 10 weeks old then. I knowd it directly.
Dennis Sullivan: 1 Dec had information went to Parkhouse 5.6. miles off found Pig brought it to Reddicleave to sty he knew it tried to get over boards into sty took Waldron on 26 Dec 6 or 7 on farm Parkhouse taken Pris on 9th.
Samuel Parkhouse: 26 Dec pig taken from ?thro saw Pris on 2nd Jan. he told me he had carried Pig to my brothers and sold him for 9s. that he carried him in his arms met no one except on Huntshaw Moor that my brother should say he bought him in Bideford Market for 10s. I heard pig stolen & went to enquire. at my brothers desire
Elizabeth Parkhouse: saw Waldron 1 Dec 7 oclock caled husband Pris had a pig for sell I came down Waldron there Pig in sty he said he had sold to my husband
X
Not guilty |
10. John Osborne receiving Turkey prop of John Crotch
Not guilty |
11 Thomas Osborne stealing Turkey
Pd guilty 3 months |
12 Philip Sansome 30 Jan Saturday one cow Property John Blackmore Hemyock.
John Blackmore: 30 Jan missed cow seen since at Willaton 14 Feb in custody of Sharland
it is mine
it is at home now.
Samuel Gillard: Halberton 30 Jan Tuesday saw Pris driving cow to Tiverton knew him 18 months lived with my father then went by name of Wm Tuck said his father said was ?great Tiverton Market seen since Pros. told Blackmore son. The road comes from Hemyock 8 oclock at 7 miles from Hemyock.
Elizabeth Blackmore: wife Pros went to Pris ?Tvtn 9 Feb saw Pris gave custody
William Sharley: took Pris 9 Feb 13 Feb went to Willaton & found the man who bought the cow saw cow 14 shewed to Blackmore
John Crook: cattle dealer 30 Jan bought cow of Pris for 6£ gave it constable Sharley
James ?Gane: keeper Taunton Goal proves previous conviction 18 months Cattle Stealing
Guilty. 15 years |
15 John Stapledon 3 fowls Merton 28 Jan Sunday Property of Wm Pope
Guilty 3 months |
14 | William Nott | ) |
Mary Nott | ) stealing sheep | |
Benjamin Bowdon | ) one ewe Prop | |
William Bowdon | ) of Edward Furse | |
Mary Anne Bowdon | ) 13 Feb Tuesday | |
19 | William Warren | ) Bishops Nympton |
WN | ) | |
MN | ) | |
BB | ) For receiving | |
MAB | ) | |
WB | ) | |
WW | ) |
Edward Furse: Pelivins farm had sheep 20. 12 Feb 2 afternoon Monday Tuesday one gone found skin head entrails in same field recent published handbill Tuesday put in. Friday 18 got information went with constable to house of Bowdon in Southmolton about a mile (found William Nott at his house first. & Wm Bowdon) took B Bowdon went to Rawson took Warren. Then took M Bowdon
X: Western has not applied for the reward.
John Western: of Southmolton lodge with Nott. & W Bowdon lodges there. On Monday Feb 12 was there at S Bowdons. His wife & W Nott there. W. B. came & W W came. Staid till after 12 heard them telling about taking a sheep B.B. took off Smock gave to W B I think I told them they should go further than they did last they were talking about taking a sheep before Wm B WN. WW went out taking the Smock I remained they went about 9 came back together about 11½ they brought a sheep in Smock skinned it was not a ewe began to cut it up W N cut it up boild some at once. That was eaten then W B and the others said they had it where they took the last. W B & W W said it was all safe on the table no one could come in there they all by table but M B who near fire I & Nott went away together to Southmolton to Notts lodging. Nott said they had run two or three fields the gates were open they could go from one field to another they had almost lost him one time. He said they took it in higher field that's the gate We brought it out to W B took the knife & his hand shake so he could not cut it he cut it himself. That they began to skin it before it was quite dead that the sheep made a noise as they were doing it & W W kicked it in head that W.B. was to stop & bring the meat next morning it was about one as we got home Wm Bowdon was there before I came down he said he had brought a bag home there was a bag & meat in bag. Some fried for breakfast it was new mutton he brought met in Pockett it was salted in Mrs N salted most of Sheep was brought foreloin & back ribs I went to work W B & W N. Monday night W B asked W W which joint he would have a shoulder was put by for him. I went to work Tuesday and it was gone when I came back. Saw M A N she said Police enquire W B told him he went away to his fathers. She said carried mutton to her aunts they would find nothing if they came her name is Grace Allen Wednesday M N went for mutton for dinner Boiled it. Wednesday heard of reward Friday I told of it.
X William Henry Fisher: constable Friday searched Grace Allens House about Dusk found ?stene with mutton Mary Allen present. Tuesday before searched Notts house Friday detained Western after took on Saturday Notts wife the others were in custody
Mary Allen: M N brought ?jar Tuesday evening took it Wednesday brought back Thursday not quite so much mutton She had some Wednesday morning for dinner
William Huxtable: constable Friday went to W N saw W N & W B for sheepstealing the dinner then B B Smock frock by him. Took Warren wife said I hope Will has said nothing ag. his Father searched house found Mutton was at Prison when they were locked up W B. W N. in cell B B. W W. in another. Nott said Warren for god sake don't split it must be that bloody rogue Western that has split. Warren said yes I saw him in the other room. Nott said I will have Mr Slader tomorrow there is my watch for him to begin with My wife will sell every dish & spoon to get a counceller for he cant save us We shall all be transported W B said father don't mind all go to Australia
Wm Vesey: examined mutton Saturday there is mutton left Not butcher
William Nott | Guilty stealing 7 years |
Benjamin Bowdon | Guilty receiving 14 years |
William Bowdon | Guilty stealing 1 year |
William Warren | Guilty stealing 1 year |
M A Bowdon | N G |
M Nott | N G |
120 | Samuel Crossman | ) killing sheep to steal |
John Barnes | ) 5 Feb Lapford Monday | |
3 | William Crossman | ) Property of Hosegood |
John Hosegood Jr: Broomshead farm Sunday feb 4 morning 9. 23 sheep there two year wether's one lost eye fighting Monday 5 went 22 sheep 9 oclock one eyed sheep gone marks of sheep killed close to fold several pieces of skin & carcass two shoulders missing marks of people in fold cant say how many. In field another mark 30 yard going from it same mark covered it with a stone traced some Distance in direction of Pris house both feet. 2 persons Right double left single row of nails went in evening to drake's field near Hammers saw tracks. Same both feet. Towards Thelbridge Wednesday saw tracks near Hammers a Cottage. Went for Sam Crossman Harrison Police with me found him at Chenson Barton constable asked were he had been charged him with sheep. Denied said he been at strechtown in Thelbridge William Crossman taken at Barnes house showed tracks to Police
Daniel Harrison: Police Wembury (?Wembworthy) took Sam Crossman Friday 9 Feb took shoes. Produces. compared fitted Saturday 10 again at strechtown Barnes showed meet in jar Friday no mutton asked if that all wife said no showed me part of shoulder Barnes said he bought it at Wreffards Butcher he denied. B said it was W Crossmans W C said that he boarded with Barnes & paid so much a week
Henry Davy: Police Saturday 10 searched Barnes house Produce W Crossman boots. Gave them Southcott who returned them going to Chenson Wed 7 saw W Crossman
G. Southcott: compared boots.
Thomas Drake: Monday about 2 bright. Saw man shout. Had a white bag over back & shoulders close after a waggon 2 horses it is Mrs Lee's. went to my field found gate open 4 afternoon saw footmarks fresh grass pressed comp. S Crossman boots saw same tracks agn. also W Crossman
W J. Vesey George Richards
Thomas Cole: met waggon met man he two bags tied together on left shoulder another man had bundle in white cloth
Elizabeth Davy: live near Barnes Saturday 3 Feb evening about 6.7 saw Prisoners. Tuesday saw S. Cross. Wednesday he went away in liquor on Saturday.
Sam Crossman Guilty | 18 ) months |
William Crossman Guilty | 18 ) |
John Barnes Not guilty |
4 Harriett Langbridge Parish Hittisleigh 12 Sep 1848 Promisary note fifty pounds Property of Charlotte Rowe
Moses Harvy: have seen Pros. She is ill I took her examination Pris present examined Mr Ponsford present signed
M J Hunt: surgeon Mrs Rowe unable to attend
Not guilty |
Point reserved for Judges on Mary Rowe's wife of William Squire Row examination received under 11 & 12 vir Cap 42
Mary Rowe was examined before the magistrate in presence of Pris who X examined her. On a charge of obtaining a valuable security false pretences Mary Rowe is proved unable to appear thro' illness. At the sessions Pris was indicted for obtaining money false pretences the Caption of the examination set forth that the Pris was 'charged with obtaining a valuable security for money' without in words setting out any indictable offense. The examination was necessary for the case. The court received it subject to the opinion of the Judges
Same valuable security under false pretenses
M Harvy: magistrates clerk ?proves examination x
Mr Ponsford: consulting Justices proves the Charge of obtaining money & security under false pretences.
Mary Rowe's examination read.
Charlotte Rowe: knows Pris her mother Mary Rowe had promisary note of C.R.'s never authorised her to part never saw Pris about
Agnes Coombe: live at Hittisleigh knows Pris daughter of M K. 3 or 4 months ago had conversation with Pris about some society I came up while Pris with my mother I asked what they were talking about. She the Pris said Miss Davis had got 20£ a year after the first year for my mother for her life. 15£ first year from her society. Pris said 10£ was put in for one of the Daughters by my mother. She said she might be able to get in me when I of age. At Moreton went to Pris house Pris said she had received a letter from Miss Davis stating she should be home the day after 14 Feb. at that then business would be settled at the institution and my mother would receive the money and I was to tell my mother who would be glad. 8 Feb at Moreton I went to Pris asked if she had received a letter from Miss Davis she said no since she was over asked if she had written she said no. I said it does not appear to me there is any such person. She said yes there is I said I had been to Shears & inquired if Miss Davis lived there Mrs Shears told me no. I had asked if she had ever two ladies by name of Davis she said no. asked if ladies in bad health attended by a Dr from Hereford she said no. if she remembered falling over stairs. Medical from Hereford she said no that Mrs Shears saw no medical man but Mr Nosworthy. Pris said good god almighty this is the way I have been always treated for doing good to other people I asked if she would go to Mrs Shears with me. She did not answer I said you know Mrs Langridingvyou told my mother you were up there nigh a week attending her when she fell over the stairs and that Miss Davis gave you a new Dress & your Daughter a new Frock for attending her when she fell over the stairs Pris said sooner than we should lose the money she would pay it herself
X: I at first believed there was a Miss Davis
Mary Shears: living at Moreton 7 years keeping lodging house in fore St never had Miss Davis lodging never had Pris attending any lady never had any one fall down stairs. Had many ladies lodge there
John Hamlyn Hutchings: accountant no such society. 30 years at Bank writing of Paper similar writing on note similar
John Daniel Massey: produces note brought to me I cashed it. the party gave the name H. Ley
Judgement reserved | ||
Bail 100£. Her husband | ||
one 150 | ||
or two 75 48 hours notice | ||
75 | ||
7 years |
Levy James stealing at Mamhead cloaths property of Joseph Quantock 10 Dec 1848
Pd Guilty. 14 day 1 Whip |
1 count Thomas Wilson Parish of Monkton James North 17 Feb Saturday one ewe property of Thomas Griffin
2nd count Henry Wilson harbouring
3 count Henry Wilson receiving
4 James North receiving
Thomas Griffin: farmer at Cotleigh 35 sheep in field Hog sheep horned. 23 ewes ram had been with them I saw them Friday Sunday one missing looked round saw gate opened it was fastened with stake. must be very strong man to opened. thro' 1 field tracks of part of sheep. Skin of sheep Treby has it. ewe lost small Monday found Bag. Blood wool.
Robert Vincent: found skin in plantation in Monkton
John Treby: North said wife bought mutton wife said whats matter North said they are come to search the House North said I don't know I said Mutton We all went up stairs there mutton 2 pieces concealed under her apron 2 pieces in pot. Bag over ... blood & wool took North he said he wished to see Vincent. He said Tom (meaning Thomas Wilson) stole the sheep. Thursday or Friday carried to corn chamber in his house
James North receiving 18 m Thomas Wilson stealing 18 m Henry Wilson not guilty
Mary Grace Lane Wednesday 14 Feb one scarf at Hockworthy Property of Thomas Hopkins Britton
Guilty. 7 days. Wh. |