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COURT CASE NOTES 1848
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This is one of a series of notebooks kept by Baldwin Fulford JP, during hearings at an unnamed court. The date of this one is c.1848. It refers to the granting of licences and contains notes of the charge, evidence, verdict and sentence, if any, in trials. The crimes alleged are assault, embezzlement and theft, 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:
FRIEND
Burrington, High Bickington
Milton Damerell
Landcross, Marlwood, ?Liss
Tavistock: PERRY, ARNOLD
Colleton: HAWKYNS
Ashburton: ?TREEN
Totnes: ?BINNING
Linton
Molland: GOUGH, HALSE
PALMER, LONGMAN
Tormoham: SHERIFF, SLADE, CHOWN, PROCTER, GALE, CHILCOTT, JOLLY, GIBBING, KEAGLE
Stonehouse: GALLIKER, ?DURNFORD, MORGAN
Dartington: WARE, MATHEWS
GREENAWAY, HEDGES
JONES
?Cullompton: MELHUISH
Devonport: PENGELLY, BOND
Tavistock, Mill Hill, ?Burns Hall, Beeralston: TEAGUE, HONEY, CHOWN, KEENE, NEWTON, GILL, GRIBBLE, WHITE, HAYSED, FURZE, HAMLEY, TRUSCOTT, CHUBB, BARTLETT
Withycombe, Honiton, Alphington, Tavistock, Kingsbridge, Plymouth: MOUNTAIN, LONG, JONES, TURNER, RESTORICK, PLAYER, THOMAS, BICKER, HODGE
LONG, FRIEND, COX
ROUTH
LEGG, UPCOTT, VOISY, STONEMAN, HARDING
Transcribed by Fay Sampson Priestley, Feb 2003
Inside front cover:
Mr ?Friend
First page:
Burrington High Bickington
Marked not on merits with costs as agreed.
Milton Damerell order quashed not on merits. consent
Landcross Marlwood Liss
Soloman Perry John Maxwell Arnold for magazine in Tavistock order granted conditionally that that the magazine shall be 80 yards at least from any public way
George Hawkyns Coles Mill Colleton
application for return of Duty
Notice addmitted.
George Hawkins: Mill burnt 27 July in Oct Malt measured back that which was enquired. 600 bushels. New Malt. 1800 made since 1500 out of the number destroyed
Order made. |
George ?Treen for magazine in Ashburton
Notice proved. Distance proved.
Licence granted. |
Totnes. Markett. Certifycate
?Binning purveyor 180 feet 92.
Granted. |
Road diverted | Linton. | ) unsettled |
Do. | Linton | ) |
Edward Gough. Assault on William Halse at Molland
9 September
Samuel Palmer | ) | Pd Guilty. One Month |
Assault on Constable | ||
Maria Longman | ) | Guilty six weeks. |
Henry Sheriff ) assault on constable John Slade )
Henry Sheriff | ) | assault on constable |
John Slade | ) |
Edwin Chown: constable at Tormoham 25 July Sunday knows independent chapel in Union St. I was on duty in uniform just by Brewery heard men holloring saw two men the Pris kicking another they moved off. Procter came up I desired him to stay while I went round to intercept them to see who they were I saw after the same men at the wall by Scheriffs house I asked why row. Scheriff denied he said here's my house as I went to other man he S. pushed me into his house then the other pushed me & they shut door. Sh. struck me right then Slade struck left. Both had me by collar light put out Sh. Said now B. ?v got in house Ill murder you Slade with both said he would serve me out. they then kept on beating and kicking and broke my teeth door shut. I got out Procter was near I called him 7 or 8 laid yards off. He came I was streaming with blood hat lost Gale & Chillcott Pollice came demanded admittance & bad language he took Sheriff. after Slade he was blood all over so was Sheriff Slade threatened with knife I was getting faint & went down Slade offered 1£ to make I refused. Have been under Mess Jolly's treatment since no duty.
X: about 12 at night. I knew Slade before. I am sure it was them I do not recollect step I followed one to door. I saw a woman with light.
Wm Procter: on steps heard a noise saw three men near chapel I called out to go home Police coming I then saw Chown come from Union St. he spoke two went away the man who stayed not Pris. I staid I kept eye on two men saw Chown come up to men he was out of light 5 minutes heard noise & woman cry murder then saw Chown bloody streaming go fetch Police he leaned agn wall I fetched 2 Police Gale & Chilcott Chown still leaning. Gale demand admittance Sheriff spoke from window swore he would not open Gale forced door. There was a struggle saw Pris in house Slade with knife Slade hardly any cloaths. Sheriff not coat.
X: they ran away
William Gibbing or Gale: Sheriff & Slade attacked me at chapel Chown came I complained to him. I went home I heard a woman say don't Harry
William Gale: saw Chown bleeding saw both Pris in house
John Chilcott: saw Chown without hat Pris in house Slade's hand bloody he offered 1£ he had been drinnking
Abraham Keagle: on bed 25 July. Heard blows & words heard a woman call murder they were shoving Chown out of house he was bleeding.
John T. S. Jolly: From 26 July. Much hurt attended till 30 Augt.
Guilty 12 months H.L.
Michael Galliker. Assault on ?Durnford 3 Sept in Stonehouse
W Morgan: Mason Clarence Place Stonehouse 150 people noise saw Pris ill using a man saw Thomas Durnford Pris was near man senseless. Took Pris there was a crowd & disturbance he was taking him to watchhouse he caught railing Pris struck a man who was helping Durnford & cut his lip. Then struck Durnford twice another Police came up & he was taken away
X; When police came up you were in middle of road.
Thomas Durnford: went to Clarence Place at 9 oclock more than 100 about a good deal of Disturbance Pris was by rails Watts the man hurt was insensible. He struck me. Pris had been drinking
Guilty. 6 weeks |
[A blank page follows.]
Joseph Ware a Purse & 16 shilling property of Mary Mathews Sept 1 at Broad Mark in Dartington
Mary Mathews Guilty. 6 months H L 1 Whip
Thomas Greenaway 16 Oct. two chissels Property of Wm Hedges 3 weeks H.L.
Wm Jones Eliza Jones Guilty | ) Wood |
Wm Jones Jr. not Guilty | ) |
William Jones. 2 week ?Sol Eliza Jones. 1 week ?Sol.
William Melluish assault on constable 18 Sept. Pd Guilty 1 month H L | |
Do. assualt on Constable 28 Sept. Pd Guilty 2 months H L | |
Himself in 50 2 sureties 25 1 year | |
3 days notice of Bail. To constable of ?Cullumpton |
Mary Ann Pengelly Groceries false Pretences 7 Sept. property Thomas Bond. Devonport. Guilty. 2 months. H L
Thomas Teague Embelzlement.
William Honey: United Hill Slate company I was manager of works from 44 to April 47. I kept books Day book ledger bank Book. Pris was foreman. From 45 till April 47 he measured ground mens hours & helped to post account. Pris delivered goods & posted in Daybook I entered cash. Pris received the money at quarries and for bills. His duty was to bring money to me he had 17s per week & house &c I have books. Have no entry to Wm Chown in cash book or ledger 20 Nov 4£ in day book in Keenes hand several entries. None to Chown.
X: had other quarries at Burns Hall some miles off. Mill Hill 1 ½ mile from Tavistock. Much business in small & large parcells. Many accounts sometimes we sent. Many hands in 2. At one time 100 at Mill Hill from 10 to 12 at Burns Hall I have heard Pris a Capt of Mine he then came with good Character I never suspected him during my management. I had High opinion It was not his business to make payment but on one or two occasions he payed work men on those occasions I gave a draft for the exact sum sometimes the amount of a bill was left with him. We sometimes gave a fee to carter who came to fetch slate I believe Pris sometimes gave it. When he collected he paid in the full amount in every case. I was succeeded in managing by Mr Newton about 17 Sept. I was before Magistrates about a week before my attention called. Was present at meeting in Tavistock bank then first heard of charges. Mr Gill & Gribble & others there. I was at more than one meeting Pris there Mr Gill asked Pris to account. He was charged with having received money he had not accounted for he was desired to look at books and try to account He was not asked in my presence to make good the monies. I was not present the whole time. I heard a proposition to adjourn for him to look into accounts. There was no threat of Criminal proceeding at that meeting. Mess Gribble & Gill were left when I went away. Pris was at second meeting on Saturday when I came. Mess Gill &c present. He was then asked to account. I was present about ½ hour I did not see the Books. Pris not present whole time. I did not hear him asked to make good the money or to that effect. There are no entries in Day book after April 5. 45 but in Pris hand. If he was away another man would make an memorandum and give it Pris who entered it. I think all the books were at bank at the time of the meetings. I do not recollect their being referred to at 2nd meeting was adjourned for week. to give Pris time. Pris admitted receiving money. Pris said nothing a long time 3rd meeting Pris attended. Still admitted receiving. I saw no money. He was not asked to make good in my presence. He did not. He was then given in custody.
XX: The last adjournment was at Pris request. I was generally 3 hours at quarries on one occasion he deducted his expenses generally I paid him at end of months 6d or 1s were the sums given carters that would appear in books.
Wm Chown: Nov. had slate sent for slate by John White to Mill Hill he brought back. (Bill produced) The bill produced with slate I gave him 7£ he brought back 15s.
John White. Got Slates Saw Pris. Teague made out in my presence the Bill I gave him 7£ he gave 15s change 1s to me. I gave bill & Change to Chown.
X: I saw Pris in quarries in a house he gave Bill in house.
Wm Haysed: helped load slate for White 20 t. I recollect. Pris told me White had paid & that he gave White 1s. this was about a year ago.
James Furze: 19 Jan 47. Pris came to me at Beeralston he gave me bill for slate at Mill Hill quarry & flooring 6t from Burns Hall 14.2.6 the Bill produced I paid 3£ on account. Pris made out Bill.
X: I have Paid Teage other accounts at other times I paid at quarry.
Honey: I never see see 3£ above
X: have compared the Bill with ledger it is right. Bank book kept at Tavistock Payments were sometimes made at Mill Hill. Sometimes at Tavistock. I never was Paid by him any where else.
John Hamley: account left at my house Bill paid in March 47. Teage called I paid 5£ he made entry.
Honey: never received 5£ above. No entry in cash book. Bill is correct
Richard Gribble: partner in quarries 1st meeting 8 Sept. I present Pris there Gill was telling he had not accounted Pris denied many times. Gill said I know Parishes he wanted Parties names. He gave them on paper. One list while I there (list produced) and asked twice list produced the same. He said his wife ill & he need money. He at first denied the ready money transaction he after confessed. Mr Gill & I absent 2nd meeting I not not think he was asked simply, did you receive the money & deny it.
_______________________
I never told him to get his father in law & Truscott. & get him to pay money or settle it. I cannot recollect ever having mentioned Truscott's name I do not think it was. I am certain it was not mentioned at all. I had not conversation after the meeting he was not told to make good. directly or indirectly. No criminal charge then made. I never said better make statement to Mr Gill & settle it.
XX: Chown was mentioned & he at first denied. After confessed.
Defence:
White: Wine Merchant good Character All life
Chubb: 20 years do
Bartlett:. 12 years do
Not Guilty |
Thomas Tegue. Embezlement
Richard Bartlett: Butcher at Lifton in 44 had slates and Sept 45 saw Pris and I paid him money. The Bill
X: Good Character I had no suspicion live 10 miles from Tavistock. My deposition was taken yesterday.
Wm Honey: manager in Sep 45 pris foreman. When I got money from foreman I had slip of paper I put it in cash book there is no entry of Bartlett's 15s.4d. I told Tegue to receive it. I looking over ledger saw long account & he should get it. I did several times since Sep 45. He has accounted since 45.
X: yesterday I was told of this charge from Mr Gill. I went about 11 I have spoken of other accounts being this. I spoke about this in the office at Xmas last
XX: I should not have considered Sep 45 long over due.
Richard Gribble: refers to previous evidence.
Not Guilty |
Thomas Mountain Horse stealing
George Long: labourer Withycombe was at Honiton Monday 22 July at fair had a black mare for sale. Saw Pris and a man called Jones asked Price I said 12 12. Jones offered 10£ 0s Mountain 5s for making the deal out of 10£.10s. We went up st. Jones gave two notes. I refused them. We went into London Inn. Pris Jones I. Jones handed round the notes to people there who appeared bullock drovers they said could not change but good Mountain took the mare away saying he would come back to put her in cart. but did not come back we were to meet at 3 ?Tuns to dinner. Jones & I went to go to ?Inn in the way I missed him. Never seen mare since. Jones I got after & gave him in charge. He was tried at last assize. 6 weeks before I saw Pris at Alphington fair 2 weeks ago I saw him there again.
X: Thursday 22 July. 1.2. afternoon. Pris said he not man.
XX: was Hour with him at Honiton his voice same.
Edward Turner: 7 Oct. saw last witness at Alphington who showed me Pris as man took mare We took him
Henry Restorick: Fish dealer was at Honiton July 22. Saw Pris there he was with Jones and Long. Saw him Paid Jones gave mare to Pris. There is no such Bank in Honiton I saw Pris in Jaol he is the same I picked him out from 12 others
Joseph Player: these are notes of Bank failed in 16. and are worth nothing
Wm Thomas: Tavistock Horse dealer known pris 4 or 5 years. In May he came to my service. 20 of July was at Kingsbride fair 33 miles off Pris was there with me We went the same day next day saw him at Plymouth 4½ evening with orders to go to Tavistock it was Wednesday. Friday 23 he was at home when I came at 5 or 6 oclock. Mr Bicker has been about bay mare. He continued till Alphington fair in my service. he went there with me.
John Hodge: Known Pris some months 18 July saw him. and 21 6 or 7 evening came with horses. Left. Next day with horses about 9 in morning
Honor Thomas: knows Pris 22 July about 12.1 at Tavistock.
Not Guilty |
George Long W. stated that he had not spoken to any att. at all does not know Mr Friend
So say all the witnesses
Mr Cox: received a blank paper as a brief from Mr Friend
Edward Routh 5 Oct
One Brass kettle. 6 months.
Loose sheet at back of notebook:
I knew Legg saw him about I have seen him in roads talking with Head lived some time with Mr Upcott he is at times much gout. He has two daughters the youngest married Mary Voisy has left. His oldest daughter lives at home
XX
Henry Stoneman: was more than 12 years servant with Upcott left Xmas 47 Head then there. I saw Head come down stairs one day & go into Hall where Mr Upcott was in the dark I told Harding of it. just before I left Head always went for tea things when Mrs Upcott away. Heard them speak