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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