COURT CASE NOTES 1851

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 c.1851. It contains notes of the charge, evidence, verdict and sentence, if any. The crimes are minor ones, usually theft, committed at locations across Devon. At the other end of the notebook are settlement hearings, to determine which parish was responsible for maintaining a pauper.
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:

SULLIVAN, CONNER

STEPHENS

LAMERTON, LIFTON, TAVISTOCK
KIRBY, INGLOW, BENNETT, STEVENS/STEPHENS, RICHARD

EAST STONEHOUSE
HARVY

WOOLBOROUGH [Wolborough?], NEWTON
ROWELL, DAVY, BALKWILL, COWLEY, BARNETT, SKINNER

BISHOP

JONES, MOILE

RINGMORE
EDWARDS, SKINNER, CRIMP, TRIGGS, RANDLE

GRANT, LOWTON, LEE/LEY, ELLIS, SLADE, MILFORD, JENING, HARDY, PROWSE

EAST TEIGNMOUTH
WARD, ENON, BINING, PALMER, SALTER, GREENSLADE, PEARCE, SIMMONS

CULMSTOCK
MILLER, TOOSE

TOPSHAM, ST SIDWELLS
TAVERNER, PERRY, HARRY/HARVY, STAKES, ELLICOMBE, BAKER, HARRIS, ORCHARD

HARDY

TUCKER

PLYMPTON
MEADE, HAMLIN/HAMLING, LAVERS, CORNISH, FROUDE, PEARCE.

HALBERTON, UFFCOMBE [Uffculme?]
MAYO, ESCOTT, HAM, LONG, SPILLER, DAVY

CREDITON, STOCKLEIGH POMEROY

ST GILES IN THE HEATH, CORNWOOD, HELE, WHITESTONE, DEVONPORT, STONEHOUSE
MASTERS, HAWKING/HAWKYNS, QUETHER, LILLICRAP, HAWLYN

PALK

SHERFORD, STOKENHAM, CHIBILSTONE [Chivelstone?]
MAUNDER, ADAMS, GILLARD, HONIWELL, TUCKER, COLE, PEARCE, COLE, LOVE.

Transcribed by Fay Sampson Priestley, Jul 2002

Michael Kirby. Receiving one watch watch guard Key property of Emanuel Inglow at Lamerton 27 Dec. 1850 Friday.

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Emanuel Inglow: house keeper at Lamerton borrowed watch silver & guard. From W^m Bennett blacksmith kept in corn Hutch had it about 1 month saw it about 5 Friday 27 saw George Stevens there knew him about 5. About 8 missed watch Stephens gone more than hour watch produced mine.
Thomas Richard.: Constable of Lamerton. Friday had information Sunday went Lifton found Prisoner 2 miles beyond Lifton½ past 9. Thomas R. J^r. was with me my son who took Stephens. Saw ... with I began to search Kirby I said I have the watch he said no you haven't I said where is the watch he said I find it if you take off handbolts he said watch is in the straw I found it where he had been laying. I asked him his name he said Michael Kirby. I saw him in Lamerton Friday about 11.
Thomas Richard J^r.: 2 miles from Lamerton (Mich Kirby saw) Stephens stooped by side of road I said I found a watch & ? took it from him.
George Stephens: I took watch from stables & went to the mine I saw Michael Kirby he asked if he could get work went towards Tavistock 2 mile from Tavistock. I said I've found watch. Not Guilty.

Martha Rowell. Boots shoes 18 Sept
Property of Catherine Davy at Woolborough.

Catherine Davy: is in habit of of attending Newton Market with boots & shoes. 21 Nov went to Market. Went to Pris house where in habit of going leave my goods there every week. Left 21 Nov. Boots & shoes in a basket. Missed that day several. I had before told her I had lost them. I did not then boots & shoes produced are mine.
Mr Balkwill supplies me I never sold those to Pris or authorised her to sell them.
X: Basket contained nothing but boots & shoes. Ladies & Childrens. Pris lives with her father & mother
Dorcas Cowley: live at Newton know Pris went to buy bread she said she had found a prize a pair of boots & P. shoes three months ago or four asked to look at them said thought they would fit my little girl. 10 days after she gave me shoes as present for Baby 3 weeks after she sent them up. I gave 2^s.
X: Pris respectable. Good character she said she had found them in market.
Charlotte Barnett: pair of boots 17 Sep. those the same.
John Balkwill: my make. One shop at Newton sells my boots besides Davy.
Jas Skinner constable: produces gives good character

Not Guilty

George Bishop. P^d Guilty. 1 month.

John Crimp: Farmer of Ringmore had two potatoes caves 200 yard from house. 50 bags in one Spanish lords 12 bags No Tops.
Saw them 30 Nov Saturday Sunday 8 o'clock morning saw caves riffled found 2 bag Spanish Lords gone ½ bag, No Tops saw marks of shoes & knees. Tracked 2 to within 200 yards of Pris houses. Sent for constable went to Houses. Saw in Edwards garden leeks just planted. Put stick in & turned up potatoes Spanish 2 bags there. Saw in house 2 potatoes Spanish. Saw more Spanish lords concealed. We went to Skinners backhouse covered over with read about ½ bag. There were some ?gilliflowers.
Jas Triggs.: Confirms. Produces.
Robert Randle: compared correspond.
Guilty - 7 years
       - 3 months.

Jane Ley.: Daughter of John Ley 28 Nov I saw doors shut up by 11 oclock Hardy came down about ½ past 7. Called me. I saw them saw flower pans in yard they had been in Kitchen My Mother called Ellis I then came down found Kitchen disorder thing gone Some Bread copper teakettles 13 china ornaments father & mother The irons on mantlepiece next day missed overalls there night before Pork Cheese Mutton 2 pair of boots key cellar. Window forced. Mark of chisel.
Henry Slade: 2 December searched Mary Lowton found the produced things.
Went to Henry Leys Grants Lodging Grant in bed. Charged him found pork in his room about 10. Morning. Saw overalls in Kitchen search 3 time found stripped to pieces.
Henry Milford: 3 Dec search Grants Lodgings. Key spectacles in razor sheath in a room below his bed room took H Ley & ... gone about & Grant at 11 at night. More than once about 5 or 6 weeks ago.
Mary Ann Jening: daughter of J Ley the legging are my Father's.
John Ley: seems mine key of cellar Spectacles.
Jane Ley (recalled): Table cloth Kettles.
Elizabeth Hardy: 28 Nov. I shut stair door found not open.
Edward Ellis: found house broken open.
Turpin Prowse: knows Pris 28 Nov. saw them together [sketch of man's head]
George Lowton: 2 Dec. saw mother breaking up the legging she said she did not know where they came from but she would tear them up. She would get them out of way. They were like the same.

Samuel Enon: went to Devon Arms 3^d for beer 2.6..6^d.6^d paid one put 6.26^d. into box & put it in my pocket went for Biscuit lay down box then fell asleep When I waked no money or box right trouser pockett
X: slept on back pockett under waist strap Many people there. I was sober. One pint by self 2 with Prisoner.
Thomas Bining: 29 Nov Devon Arms Many people Pris there & Pros asleep on a seat in Drinking room he was not quite flat on back Pris was sitting by Prose one arm left by under on side right over his neck. He when I spoke to him said beer drink The Pris left the room without my seeing him. I saw him come back. after that Enon woke & said he was robbed
X: 20 people there some merry I saw Enon on legs he did not seem to me the worse for liquor Palmer was at his feet. No one but Ward near his head he was on the next seat.
Robert Salter: servant Devon Arms 29 Nov saw Pris 10 oclock had beer paid for it & I gave 3½ in change after He gave me 2½ for beer. He said he had no money to stand any thing
X: It was after the Pros was robbed he paid for beer. It was before he said he had no money.
Jane Greenslade: daughter of Devon Arms 29 Nov. saw Pris for a quart of 3^? he gave 26^d. I drew 2 quarts it was before 10.
X: I saw Enon recollect the alarm. I changed 26 before the alarm about 10 minutes or ¼ hour.
William Pearce: 29 Nov 10 ½ many people said informed of loss Ward said Harry Simmons had lent him £6. On his was first crime & made him look foolish that it was not H but J Simmons I know nothing against Pris.
Henry Simmons: knows Pris 29 Nov he came to me at Jolly Sailor about 10. He asked me to be a friend to him. I said I would if I could he said I was to say I had lent him 26^d. I said I would. I told a boy so. I never had. When I heard of the Robbery I told the truth.
John Symmons: knows Pris 30 Nov he sent for me asked me to say I had lent him 26^d I did not say I would he said this is the man who lent me the 26^d I said nothing. I never did lend it.
       3 months.

John Miller. 23 Oct. stealing apples property Robert Toose Culmstock.

Robert Toose: farmer Culmstock knows Pris lived in Culmstock he worked for me 2 days 22 & 23 Oct. have apples missed some. 23 Oct watched 6 & 7. I saw Pris come into orchard & fill his Pockett they were laying under trees. I took them out. 33.
       Guilty. 7 days.

Mary Taverner stealing Pin (1^s6^d) property of Ann Perry 18 Nov at Topsham

Ann Perry: 6 or 7 months ago I went to Betsy ?Harry I left a Pin with her I saw it as Pris lodgings I live at ... at ?Badger.... 5 weeks ago. Identifies
Betsy ?Harvy: lives at Topsham 6 or 7 months Perry came left a pin I left it in box in sitting room saw it 28th Oct Pris came there to live at that time 8 Nov. Missed it 26 Oct 1 Nov. back again. 4 to 8 Nov. Pris had no right in the room but she was often there no else but Mother Aunt & cousin.
James Stakes: 29 Nov. opposite Valiant Soldier Pris there. 25 Nov. evening 7½ Pris
came into my room & put a Box on the table. She went out & came back in about 5 minutes when she said say it is yours pointing to the box there were people in next room hers searching Police. Elicombe came in 20 minutes. I went into her room When Ellicombe came not before.
X Jas Ellicombe: 21 Nov. searched Pris room two girls looking at Pris boxes. Got box in next room asked Pris to open it she did - Pris said it is not Perry's Pin I bought 6 months ago in Exeter for 6^d did not know shop
Catherine Baker: I knew of loss of Pin I went to Pris I told her the Pin was lost & other things & said so help me God I never had them. She went into room first & took a box like thing off a table & she took it to Staokes saw it at Topsham We found nothing she said the box belonged to Stakes who had been at work there She went into Stakes. & asked to say it was hers.
Ann Harris: knows Pris Mary 8 or 9 years I live in S^t Sidwells Bad memory not collected manner exciteable she has been with me for a month together.
Mr Orchard: talking of Defense she did not seem to know or be sane.

Not guilty

W^m Hardy P^d guilty 6 weeks

W^m Tucker P^d Guilty 6 weeks

Jane Hamling: daughter of J.H. at Plympton kept my money in a box on table in my bedroom 29 Dec left house ¼ 3 had in box 16s.9d. _ 2 ?tokens 6 teaspoons 1 table spoon in box in fathers room had seen them in week that not locked ?My locked a box in Fathers room with money 10.6 close shutters & door came back at 8½ front door locked found shutters on Kitchen open glass broken money & spoons all gone & halfpenny with Hole in it. back door unbarred boxes unlocked one window shutter taken off missed coppers on Monday
John Hamling: 29 Dec. confirms found a bar of iron outside window He had been in blacksmith shop the iron of shutter bent.
John Lavers: went to premises broken went to New Park 1½ off saw Pris & W^m Cornish saw them draw together & Pris pass something to Cornish. 100 yards off took ... took box & money & ... Thomas Froude was with me
W^m Cornish: Pris gave me box have seen box before Policeman took am 17 years old
Thomas Froude: 29 Dec found foot marks 400 yards in fields found spoons on top of hedge searched his house found shoes produce them saw a cut on hand of Pris compared track with shoes correspond Pris acknowledged shoes. Saw Pris ¾ mile from Pros house Sunday 4 oclock coming from house.
John Pearce: 29 Dec on Turnpike Road. 2 00. 1/4. 4.
Jane Hamling: recalled. Identifies.
John Hamling: recalled Identifies

6 months Guilty.

Ann Mayo Halberton 9 Dec one silver spoon property Susan Escott

Susan Escott: Halberton month ago had spoons in cupboard in Kitchen one to ?Mr Ham it 13 Dec week or 2 before saw them knows Pris next door has washed.
John Long: Pris came to my shop asked if I bought old things. Offered 3 ?pieces of teaspoons said her name Ann Spiller. She refused to allow retaining Uffcombe called in police
Courtny Davy: took Pris got silver produces. 1 month

[At the other end of the notebook]

Crediton v Stockleigh Pomeroy Lunatic confirm case

S^t Giles on the Heath. Cornwood Settlement

Mary Ann Masters: daughter of W& A Hawking lived in S^t Giles when girl went 5 or 6. Now 57 had brother Abraham Hawking & remembers when born when I between 12 & 13. Born S^t Giles Church Town 4 houses there. Both parents residing there saw my mother when taken ill. I called neighbour. Father fetched nurse now dead Elizabeth ?Quether saw brother in less than an hour heard baby cry coming down stairs gave brothers & sisters some brandy John James younger than me & Ann. Abraham 3 years after them. Nurse lived there till I 16 or 17. Abraham all the time at home. When to Hele in service called him Abraham & parents did saw him often. I went to service first year then to Whitestone 9 or 10 miles one year saw him in that year then to Devonport a few month saw him there 3 years at home then married & went to live in Cornwall 1818. Saw brother there. He was then 14 about. Saw him again in Stonehouse Marine about 5 years ago. I knew him directly at his house. The last time I saw him in my house for a week.
X: Agnes Hawkyns widow of Pauper seen last working in company with Husband
?: produce copy of register 1808 Richard Hawlyn
Mrs Lillicrap: 1802. Had a child in 1801 Hawkings came after their house two or three years ?Deny ... 2 or three recollect Richard from 1808 do not recollect Mrs Hawkyns confirmed more than once lived ¼ mile off
Grounds of removal amended & order confirmed subject to payment by respondents of costs

W^m Palk conviction of Justices 26 Nov^br Highways.
Conviction put in notice of appeal from Dec recognisance 11 Dec proved. Conviction quashed.

Sherford Stokenham. Settlement birth admitted.
Appelant, occupation & renting by pauper admitted.

Rich Maunder: father Jn Maunder who is 48. 16 went apprentice to ?Brock Adams. Till 21. Lived in Shelford 69 years. Mother left me before I could speak Old woman with one leg nursed me put me apprentice at 6 years.
Peter Gillard: atty respondants produce receipts poor rates got from overseers. Knows Honiwell ch. warden saw him about receipts. About Xmas. Honiwill asked for rates. I did not give them. Then was letting employed said if receipts in hands of Parish officers shall advise not give up. I have a letter, 28 Dec. written by Mr Tucker to me a notice to produce.
Stephen Cole: Overseer of Stokenham. Had some receipts I do not produce saw Honiwell Xmas day. Told him I had receipts should not give up without consulting legal adviser. Had receipts before going before magistrates.
Mr Pearce: produces Poor rates 1846.47.48. ^Sep 14.9. of 1846 in arrear 14.9 arrear. 14.9. rates. Oct 1847 1..9.6 paid 1..7.6 arrear 2^s.
Nath Maunder: 1846 rented ford Mills House Mill Cottages Orchard 20£ held 3 years. 1st quarter 4.16. for flour. Distress 46 August 10. 10.4 paid. 3 quarters. Had receipts for poor rates after Magistrates gave to ?Cole I took them home not seen them since I asked him to bring them here he said he would some day last ?house gave Mr ?Love 4 poor rate receipts one was rate. I paid all I was asked for but the last ½ year.
X: I paid no more rent.
Order quashed settlement in Chibilstone with costs.