COURT CASE NOTES 1859

This is one of a series of notebooks kept by Baldwin Fulford JP, during hearings at an unnamed court. This one is dated. c.1859, with some loose undated sheets. It contains notes of cases which include theft, disturbing the peace and attempted suicide. They relate to locations across Devon.
The notes were evidently written at high speed. Names may not be wholly reliable, either in the original or in this transcription. Punctuation is minimal. To assist the reader, I have inserted a colon after the name of the witness and an additional space between phrases.

Locations and surnames include the following:

Chillington, Slapton: PROUT, TOL(E)CHARD, GORE, PEPPERELL.

Ottery, Shobrooke, Alphington: HARRISON, WILCOX, WESTON, DAVY, FROUDE.

Blackborough:  CLOADE, SUTTON.

Cheriton Fitzpaine, Tiverton:  LEY, WOTTON, HALSWELL.

Braunton: MOCK, OSBORNE, QUICK.

Paignton: KNAPMAN, DISTIN, POLLARD, MILMAN, HAWKINS, TUCKERMAN.

Braunton: DYER AVERY, HADDON/HEADON, BAKER, LOVERING, QUICK, WOODROW.

Bampton, Tiverton:  BENNET, ROBERTS, HOWE, PARKER, COLES.

Tavistock:  WEBB, WILLIAMS, TUCKER, MINHINNICK, COLLICOT, CHING, BUDDON, CHASE, CROSS.

Monk Okehampton:  WEEKS, COLWILL.

Aylesbeare:  WHITE, BEAVIS.

?Carrrington Curnan: COOPER

Torquay

SNELL, SHEPPARD

Ilfracombe:  MAYNE, KNIGHT, LOCK, ALLER, HOOPER, CORNER, DRAPER.

Kilmington:  KILBY.

Heavitree:  BERRY, MYERS, HOOKINS, LAWTON, WOODBERY, HALL, GULLY.

Sidbury, Honiton:  BAKER, EBDEN, CARTER, TREBY, LANGDON, BEARD.

Tormoham, Torquay:  PROWSE, BLACK, WHITE, CHIING.

Transcribed by Fay Sampson Priestley, September 2002

George Prout  7 April  at April 1859  3 lbs of Lamb, goods of James Tolchard  after Pre con 1855  4 months

James Tolechard: Butcher of Chilington  Went to Slapton  stoped at Tower in between 7 & 8 evening  left at door ... quarter of lamb in two parts  shoulder missing  went back to Tower. We searched  found in hedge close by. Got Police  I watched place  saw Pris take lamb. Was about 9 oclock. Took lamb on Pris in field. Pris said bad job  would give 10^s to make up.

John Gore: produced shoulder. Saw Pris take from lamb & took him. Pris said picked up in road then that saw it in hedge.

Robert Pepperell: coroborates. Churchwarden  previous con. Guilty. 6 months.

William Wilcox: of Shoebrooke. Drove sheep at Alphington  at A Inn I saw Prisoners  had beers. Weston there  drank with the Prisoners  2 glasses beer  they had spirits. Was there 1 hour½  they went out  I went to sheep  saw Pris there. At a house  they asked me in  I went. I went then upstairs.  With Weston  the others followed. They asked me  I sent 1^s for beer  took it from waistcoat  had 7.8½ more  we had beer. They fastened door  Jane H asked me to have to do with her  to go into bed. The others went out. I refused. Before beer brought  they held me  J. took money. Then Jane tried to take purse. Said its no good  they took coat  I got away. Into street  I called H Davy. Old woman and girl about 10 or 11. Saw Persons  I asked for coat & money & they said not got it. he went into garden. Harrison saw  he had on coat under his. I pointed it  he took off & put it in road.

X: 2, ½ sov. & 2^s in purse  1 I changed.

Henry Davy: Shoemaker 12 April saw Wilcox. About 1 or 2. 3 or 4 he called. I went. Saw both Pris. Knows Mary Weston  about 30 yards from shop. Wilcox asked for coat & money. She denied bloody coat or money. Saw Harrison in garden putting on coat & 2 over. Demand coat  I said I saw it  he said you can have it  he took it off & gave it off. Jane H said I know he had your coat  he was going to take care of it for you. Wilcox might have been drinking  he was not drunk.

X: I cant say whether Pris was drunk or not. I was not in Public house  it was not raining  he changed one ½ sov in my presence after about coat.

Thomas Froude: Police  12 April took Prisoners  Jane H. said knew nothing of it. 10.11 at night. Man was Drunk & woman. Denied.

Guilty. 4 years.

Samuel Cloade of Blackborough. 22 of April 1859. Attempted suicide.

W^m. Cloade: lived with Pris at Fouracres. 22 April 12 saw Pris  had cider  saw brother not sober  took firkin from him  he said he would put an end to himself.  He went & fetched razor from ?tallat  he fell. Saw blood from his throat  razor in hand.

Thomas ?Sutton: Police  took Pris  he had been drinking. A wound on throat. He said he would do it before three nights. He said cant transport him.

3 months.

William Ley  Cheriton Fitzpaine  24 March 1859 on spade  property of William Wotton.

James Wotton: Parish constable  12 April followed Pris on way to Tiverton 2 miles  charged spade  he said you can do what you like with spade.  I said you must go with me.  He said I shall not. I put hand to him  he resisted  Halswell came up  we took him  knew mark.

William Wotton: 22 March saw spade. 24 wanting  identified

Richd Halswell: Identifies

6 weeks

Job Mock  20 April  of Braunton  4 lbs of lead property of Henry Osborne  after Pres convic.

John H. Osborne: plumber  20 April at work at Braunton  at one left. About an hour  left lead behind  when I came back lead gone  Pris there at work. Identifies  it was the only lead I had ...

John Quick: went with warrant to Pris  found Pris & asked if he had seen lead  he said no. We ...  he said its no use I have the lead 21 April. 9 months.

Sarah Knapman  Paignton  27 April 1859  3 ducks property John Distin. Receiving.

John Distin: Paignton  had ducks  3 on 27 April  half grown  went to son of Pris. Found him in ?quarry near house at work  He took me to orchard  I went to Mother. 2 May  same day  while at her house boy ran away. She had sold to Pollard for 10d each  her son had bought them from Milman for 8^d. She asked if mine  if so Ill get them again for you  fair price  ^s1 to ^s1.^d2 each

Pascoe Pollard: ill

Samuel Hawkins: Police  got ducks from M^r Pollard. Went to Pris  she said her son brought them home for 8d  said she sold them to Pollard & got ^s2.^d6. I went to Pollards  asked for Ducks  he got from Pris  he gave me those.  Pris said same Ducks

Ann Tuckerman: servant of Pros  missed 3 ducks 27 April  those the same.

       Not guilty.

Rober Dyer Avery of Braunton  Breaking & entering house of Rich Haddon & one shawle stealing & money

Ann Headon: wife of R.H. of Braunton  Pris lodged 2 or 3 years  about 10.6 May Pris went out  3½ I went out  windows safe  door locked  I came back in 1 hour ½ or 2 hours  window in Parlour was fastened  a hammer gone. Upstairs found 4 Drawers broken open. Found shawl missing. From box  not locked  coat gone

X: Pris does not work  his wife pays board & lodging  he is given to drink. He has no cloathes I know of but what he stands in. I bought the coat he is charged with from his wife year & half ago. The shawl was gone from upper drawer  he was in habit of selling his things. He drank much night before  for a week before he had not drank.

XX: saw shawl the day before  Pris no right in room. Identifies shawl & coat.

Mary Baker: 7 May 9 & 10 pm saw Pris  had shawl & he offered for sale  I took shawl & gave him 3^s . he said his sisters  know Pris well  family respectable

Eleanor Lovering: Pawns  6 May evening Pawned coat. Tickett for coat.

John Quick: shawl from Baker.

John Woodrow: took Pris. 7 May took Pris. Found tickett.

R Headon: Identifies coat

3 months H.L.

Ann Bennet 10 May 1859  of Bampton  18£ and a purse goods of Thomas Roberts from the person & Charlotte Howe  receiving

Thomas Roberts: went to Tiverton 10 May  was in Tiverton till 5  Pris in wagon  had purse  3 5 notes  2 sov 1 sov 9 or 10s in silver  Ann Bennett & I in front. How back  she put her hand in small cloaths. They left at Bampton  we agreed to meet again to ride again  I did not get out or take any money out. Went to castle Inn. I paid  had more  found purse gone & money. Landlady & lord servant man & another. No one could take it there. Saw Howe at Parkers  heard Bennett inside  went in  said lost money  should give in charge. & she denied.

X: I slept some part of way  was worse for liquor  it was fathers money. Sold corn  had my purse when I went into waggon. I did pull her about. I did not ask her to get out.

Mary Ann Coles: searched Pris. Found 2½ on Bennet. No money on Howe  I said nothing to Howe  she was agitated  said Benett had brought her into the trouble  it was no use searching her  she had given up the purse to Parker  she said the Purse Bennett took from the man  she gave me  I have not had the money.

Frederick Coles: 10 May went to Parkers  Bennet lodges there  knows Pris  they together took Bennett. She said she had not got money. Howe said after caution Bennett gave her purse  she gave it Parker  it was a brown purse with black string.

Anne Bennett  stealing from Person  not Guilty Charlotte Howe  receiving  Not Guilty

Samuel Webb  1 telescope property of Enoch Williams 29 August 1858 at Tavistock  stealing 2nd count  receiving

Enoch Williams: summerhouse open  had a telescope there  walled 3 sides  Thorn other  the door is always locked  last week in august in summerhouse  about 1 month ago. Saw one  I believe the same. 8 May saw it in Tuckers  examined & kept it  showed it Pris  enquired where he got it  he said he won at raffle. First at a persons house called Minhinnick afterwards at Public House called Collicot  put up by navies he did not know. Asked what put up at  he could not tell &c  I said if I found he had won it I would pay for his chance  I went to Collicots. Pris said M^rs Collicot remembered ale not glass. Then Police Sergeant asked Pris won in raffled  he asked where  on line put up by Thomas Ching who had been killed  that his chance was 1^s the whole 10. That all the parties where gone abroad. 16 May 57  Ching buried.

X: found it lost 29th. a few days before had seen it.

Eli Buddon: Police  8 May went to house  charged him with stealing telescope  he said he won it in a raffle on the line about 2 years. 10 in raffle  Ching put it up  he was dead. he had this book  I took it  I asked when he wrote it he said same day to recollect about raffle  he said he did not know where the parties were. Some India some Turkey  Monday saw at 9. He said I have not slept tonight  what does M^r Williams say this morning  I hope He wont lay too hard against me  It is the first time I have done any thing of the sort  I want to make it up with M^r Williams. I have been a long time in the town & there was never any thing against me before. He said I believe I have a friend who will see M^r Williams. He varied from 2 years to 12 months  that he was drunk at time  I could not recollect much about it

X:

W B G Chase: 1^st May saw telescope  1^s May  had leather worn  8 Pris said same glass.

X: known him 3 or 4 years

W^m Cross.

Williams: glass same

       Guilty. 2 months.

[At the back of the notebook:]
Elizabeth Weeks: 18 April 1859  1£ money goods of Mistress Mary Ann Colwill of Monk Okehampton  P^d Guilty  6 months.

William White  20 April  Aylesbeare  1 watch in dwellling house of Samuel Beavis. P^d Guilty. 6 months 2 Whipping.

Roger Cooper  ?Carrington ?Curnan 318

[Enclosed in this notebook were some undated pages torn from a larger book]

Whether the informer being a resident and owner of property in Torquay which property in part consists of 7 shops. has sufficient interest under the ... of Torquay Market to ?sustain an information contained at 8.172 & to follow ... of L.B  Appel 14 98

Jas Snell  Elizabeth Sheppard  Bastardy  that order is bad  Quashed

Elizabeth Mayne: exhibit articles of Peace against Jane Knight ?Maryan Lock  Wilmot Knight. Jane Lock ?Morgan Lock Kitty Lock An Aller Rich Hooper George Corner

Elizabeth Mayne: of Ilfracombe  lives in brothers house  is a garden & plot where people at times hung cloathes to dry  her brother forbid it & 17 Jan Parties except Hooper & Corner. threats  Wilmot Knight had a broom stick  Mary Draper said while you live in that house there shall be no peace. & if can catch you we will give you a d'd good Horsewhiping  all ?meeting a ?noon together  About 2 Feb they hung up an affigy to house  they beat it with sticks  here the old ...  well burn her. 3 Days after another effigy  28 March stone thrown  24 Feb. Wilmot Knight had stick. Draper & Kitty Lock. beat door. ?threaten at window  WK  that they would knock me down if they could catch me. 3 April I have heard that Rich Hooper Jane Knight Wilmot Knight & Mary Draper

Kibly v overseers of Kilmington  conviction under vagrant act. Ent...d and quashed at expense of the Appellant.

Daniel Berry  stealing a Duck  Property of Benjamin Myers  29 Sept  Heavitree. Friday James Hookins: servant to Myers  ?Sept of Richmond Grove  Heavitree  yard & garden at Back  wall at sides  Hedge at bottom field of Water  29 Sept evening about 8½  to see what was matter with Ducks  I went into yard. One of servants told me  I went out  heard ducks making noise & people talking  I told Master & went with Lawton & friend over hedge  saw two men & some ducks in gutter with heads off  one was not quite dead. Prisoner about 3 feet from ducks  I layed hold of Pris & put my hand on other man  he got away  kicked my sister in the bustle  I don't know if intentional  he had on his hat  When I got out to him had none  as we went thro' field gave him to Woodbery Saw ducks before Magistrate knew

X: Pris was tipsy  he said he had nothing to do with it & tried to get away  there is not much of a fence

Benjamin Myers: had Ducks  heard ducks make a noise. First I heard them  3 Ducks. Then a hat. Gave to Woodbury  had 14. Six lost  I did not observe he was drunk

W^m Hall: found 3 ducks heads  gave Myers

William Woodbery: 29 Sept had custody of Pris & ducks & heads  he was tipsy

J G Gully: Proves previous conviction.

Guilty. 4 months

Thomas Baker  4 Pr braces the property of Thomas Ebden  parish of Sidbury. 15 Sept.

Thomas Edben of Honiton: 15 Sept at Hunters lodge Inn about 2 afternoon  had box & some braces on top  put in window  was there till 7  saw Baker about 7  Carter was there about 9 ½  they left  after they came in I tide the braces down  soon after they left  from 10 to 14 Pr lost. Next morning 7.8 came with Treby who found a Pr outside door. Went to Bakers  nothing in house  went to Langdon. E. Langdon came to Pris  went to Chaff house  Langdon came. Broke open chest in Presence of Constable  1 Pr in Chest  mine. Went towards Honiton with Pris. He said Tom stole your braces for a lark. I will pay for them.

X: I knew Pris 14 or 15 years  have dealt with him. We drank together  I did not believe it was for a lark. I don't think he had much to drink  we had 3 or 4 quarts between 3 or 4 of us  cider  Carter  I believe is gone off.

John Treby: took Pris  found braces  going to Honiton with Prisoner  soon after saw Carter  have not seen him since  When I took him he said he knew nothing about as going to Honiton  said lark  should have paid.

Edward Langdon: knows   had been before  saw Baker lock chest. I believe he has been 8 or 9 years  chest in Bakers charge

X: I am certain he locked it & he put the key in Pockett

X: W^m Beard: 6 years under me  good Character.

       3 months.

Ann Prowse  Tormoham  one coat Lord Bishop of Exeter. 12 Oct. Thursday.

Mary Ann Black: Widow in Swan St Torquay  in Oct saw coat at back door Friday  missed Saturday  told White Saturday  saw coat in Whites possession  it was then missed  Pris lives a few steps off back where coat hanging  my property.

David Ching: Marine Store dealer  knows Pris  13 Oct Friday saw her in Swan Street  she said she had rags if I would buy them  I went to her house  I bought two bundles of rags & some bones  I did not examine them in her house  took in bag with others  loose  they were only bundles  put in cart  gave to White one

X: bought of another neighbour of Pros.

George White: produces coat.

       Guilty. 24 days.