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COURT CASE NOTES 1849
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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.1849. It contains notes of the charge, evidence, verdict and sentence, if any. The crimes are usually minor ones of theft, with one of breaking up the highway, another of assault, and a bastardy case. 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:
Tormoham (Torquay): PEEKE, MARE, KILBY, CROOTE, SQUIRES
St David, Exeter, Tedburn St Mary
Chulmleigh
St Thomas, Trews Weir: MARKER, UPRIGHT, CARTER
Ashmoor, Parham
BASTIN
PARHOUSE (Parkhouse?)
CLARKE, PARTRIDGE
KELLY
Fremington, Barnstaple: SHORT, TUPLIN, CHANTER
Great Torrington: GREEN, WARD
Tormoham, Torquay, Mary Church: SULLIVAN, BURGESS, LEGGE, M'KELLY/McKELLAN, STENTIFORD, JOLLY, PARSONS
Saint Leonard (Exeter): START, MASON, BEADON, MARKS, ELLICOMBE
Whimple: THOMPSON, LONEY
DOBB, PELLOW, COLE
Kingskerswell: GRIFFEY, HICKS
Crediton: MURPHY, WATTS
East Stonehouse: BLOOMFIELD, ROBERTS
Rockbeare, Sidmouth, Marsh Green: SMITH, BAKER, PAGE, STARKE, ABBOTT, TOZER, WHITE, VICARY, DAVY, HEYWARD, HANCOCK
Transcribed by Fay Sampson Priestley, Jul 2002
Queen v. Peeke breaking up Highway at Tormoham
Mr John Mare: Chairman board of ... of Tormoham. Knows Rock Walk for 30 years knows Peeke's houses before path Public constantly saw it a month ago. One part was gone covered with boardings has been in that state 12 months & more it has not been co.....
X: I do not know if repaird by Public
XX: requests have been made to Peeke to repair notice has been given and he has partially repaired
Charles Kilby: behind houses last Jan. road inpassible never been restored since
X: I have heard it has given way before but never to my knowledge inpassible.
XX: saw in Jan excavation below path that caused slip.
Wm Croote: workman. Employed by Peeke for 3 years was April 47 to take out Rock from bottom of Rock Walk continued all summer. Ten feet rock steep rock pathe immediately above the walk slipped down about May 1847 have been quarry man there was wall to keep path up it fell away it has been put up
X: I do not know who threw out the rubbish above which was on path it was not done by Mr Peeke.
XX: Rock walk 4 or 5 feet wide rubbish about 20 feet. Came from sheep path it fell 5 or 6 months before. About a tun it was then turned out on side of hill 200 feet of Rock Walk slipped.
Wm Squires: labourer. August 47 employed at excavation it had been begun for Peeke worked 6 week or 8. was to take the loose stuff 10 or 15 feet or more was taken away it was steep after I left slip took place in fall of year not much then it began to crack & slip it has been slipping ever since by working at bottom about Sep or Oct 1847 large fall took place saw sheep path cut.
X: the path above is 4 feet wide.
XX: this path goes out of rock walk it was made after I left. It was not begun when I left. Guilty.
Appeal.
St. David Exeter & Tedburn St. Mary.
Mr. Coleridge for Perkins for costs
....... Vict. ... 3/- per d.
20 Dec./... Notice of abandont of ....
2.. - Bill of costs of Appell. part Lent to Respondents ... .... .... The appeal having been received per incu.... There being no right of appeal (as it apeared to the Court) after the Order had been abandoned
No Judgment given.
Diverting Highway Chulmleigh. Enrolled.
Mary Ann Marker obtaining loaf under false pretences from Henry Upright of St Thomas. 2 Dec 1849 Sunday
Henry Upright: Baker St Thomas on 2 Dec Sunday saw Pris ¼ before 11 came to shop asked for½ peck loaf for Mrs Carter offerd square loaf but she said she would have round one I have served Mrs Carter for years I generally send it. She said Mrs Carter had company value
9d never paid
Ann Carter: laundry Trews Weir knows Pris she worked for me not in Dec never sent her for loaf Deal at Uprights
Guilty. 6 months.
Enclosure Ashmoor Parish Parham Enrolled.
John Bastin stealing Hay. Pd. 1 month
John Parhouse. Pd guilty stealing from Master
3 months 2 whip
James Clarke Partridge Pd guilty stealing from Master
3 months 2 whip
Jas Kelly Pd guilty sheap stealing
12 months
Samuel Short stealing a door at Fremington 6 Dec Thursday. Property of Thomas Tuplin.
Thomas Tuplin: live at Fremington farmer knows Pris lives close by worked for me 5 Dec had door standing in court it was taken from a loft 6 Dec missed it have seen parts since saw it in Chanters custody.
Wm Chanter: Police at Barnstaple got the board at Prisoners house on 10 Dec. took Pris
Not guilty
Jane Green Great Torrington 31st Oct1845. Property of .. Thomas Ward 2 coat Ann ... 1 Pelise
Guilty 4 weeks 1st & last ?not.
James Sullivan ) assault on Constable at Tormoham 3 Dec on Thomas Legge
Wm Burgess )
Thomas Legge: police at Torquay on Duty 3 Dec 9. 10. at night on strand known Mrs Stentiford who keeps Happy Return. Beerhouse was sent for & went there saw Pris & JohnM'Kelly in the back room saw Mrs Stentiford I went in on hearing from her told McKellan to leave who did then the Prisoners there was a ?fight Sullivan said he B if he did I then put them to door they were drunk & using bad language swearing Sullivan was nearest one said in passage hit Bugger then both struck me severely bled. Got into street was thrown ?down Sullivan took me by ears & beat my head on kerb then Burgess got on me & Francis Stentiford came & hauled Burgess off as he got off he stepped on my arm I was obliged to let go Sullivan they both ran away. I was covered in blood & mud I began to get faint I was carried to Stentifords & Mr Jolly surgeon came took me home I have been under his care for some time.
X: I do not recollect Sullivan say let me go I will go quietly he may I don't know whether I hit you I did Burgess: Burgess was sitting near fire I did not see any females
Elizabeth Stentiford: keeps Happy Return 3 Dec pris in backroom came about 9 ½ I sent for Legge they took possession of room & would not go so I sent for Legge I heard him tell them to go. Heard bustle heard Legge call my son in Queens name saw them in street Legge down Sullivan on him beating his head on pavement I pushed Sullivan away & said don't ?murder him so he left. Burgess was struggling with my son at time saw my son go out. I went after him.
Francis Stentiford: son of last W. Fisherman. 3 Dec. 9¼. Both said they would not leave saw Legge come he went in heard scuffle saw Sullivan strike Legge saw him down & Sullivan on him beating Legge & Burgess hit him I pulled him off he hit me Legge called on me in Queens name to help. Saw Legge after laying on form bleeding he appeared much hurt.
X: I did not hear Jolly say Legge not the worse. Saw Sullivan strick Legge after he said let me go after stricking. I saw him strike Burgess not Sullivan he shoved me between & hit Legge.
John Parsons: Police Mary Church 4th Dec 1 oclock had information took Prisoner they denied the assault. after he wonder if too much hurt. I only hit with my hand which would hurt no man.
Guilty. 9 months.
Frederick Start. Saint Leonard 8 Dec. one deal board property John Mason
James Beadon: in employ of Mason foreman adjoining river missed platform 9 Dec. I saw it Friday 16th saw Start asked if show deal from river. He said he had sold it to Marks in ... Showed me a piece Marks wife showed me deal Pris lives near Lime Kilns. It was cut into six inch boards.
X: I saw my own marks can have no doubt whatever I cant say water did not carry down flood by night.
Samuel Marks: 8 Dec met Pris he said he had picked up plank ask if he would sell it. offered 1.6 & I had it. It was open in Battery field below weir.
John Marks: lighterman met Pris 6½ morning 8 Dec. Near battery field. He said he picked up plank & put it in hedge
James Ellicombe: Police got from Marks boards.
Not guilty.
Jas Thompson. 1 pair Trowsers property of George Loney 24 Nov at Whimple
Guilty 4 weeks
John Dobb. fowl stealing William H Pellow 22 Dec Pd guilty
2 m 1 whipd
John Dobb. fowl stealing Ann Cole 22 Dec Pd guilty
4 m 1 Whip
John Griffey 9 lbs of Flour goods of Elisha Hicks Kingskerswell 27 Nov. Tuesday
Guilty. 2 months.
Katherine Murphy. stealing 3 loaves at Crediton property Samuel Watts 10 Dec
Guilty 14 days
Mary Ann Bloomfield. counterpaine east Stonehouse property of Wm Roberts 13 Dec
Guilty 2nd conviction
7 years
There follows a blank page and then this incomplete account:
Smith & Baker. Bastardy. Child born 28 July. Smith living 2 years in house with Baker from 1847 April
Smith April 49 ) left
Baker March 25 )
At Pages. Rockbeare
Child probably begot Oct or Nov 1848
Sarah Smith: single woman 22 years 9 Feb had male child 28 July 49. Baker is father living at Pages left 30 April 49 lived 2 years Baker was there when I came & left in March was intamate with him he had connection It began 2 months after I came continued sometimes in bed sometimes up had in Nov 48 and Oct 48.
X: Jos Starke was there part of time he slept with Baker he came in summer 48 he staid till December knew Abbott. He is farmer servant. I never was where he lived I have heard he never came to see me he never sent a girl to ask me to come out to see him I never came out. I have spoken to him never more than acquantance. He never came into the house to my knowledge never been in kitchen at Pages same time as me. Never one Sunday evening. Never walked with him never borrowed an umbrella of Jos Starke to walk with Abbott or walked with him at all under umbrella. Never in my life in hedge row with Abbott. Never saw him when there with Abbott in Dec 48 when he remarked Abott's trousers unbuttoned he never could have seen me so. Jos Starke was there as a witness for me before Justices at Sidmouth he was not examined. I & Mother spoke to him about the case I was not there all time. I do not know what. I did not hear my mother say to him if they ask about Abbott say you know nothing about him you have no occasion to say anything about him if you are not asked. I don't recollect whether I said before magistrates that I kept company with Abbott for 3 or 4 months before Xmas 48. I believe I did say so. I said it was because Baker perswaded me. It was true. I have walked with him. He has been in the house when I was there. I was never alone with him in kitchen. He has never as far as I know waiting for me in stable. I have seen him there. I did not give my company to him. Baker did perswade me to keep company with Abbott. I did. I have not walked with Abbott often. I have walked with in evening not as late as 9 never in hedge though . have walked in road from Marsh Green to Rockbeare more than once or twice. I cant say if it was in Dec. not late at night. Not later than 8. It was light. Never met John Tozer he never said. I know you if you wont show yourself. he never saw me to say it I never met him. Connection with Baker mostly by night he would never let me alone if he had an opportunity. I tried to get away from him always as much as I could. He has slept with me all night if master or mistress not home. He has several times first and last not when Mrs & Master home I only maid in house. When he could meet me out he had when they at home my room is the other side house from his I have called out. I have ordered him out of the room no one could hear me if I called. I never called for assistance at all times came to my room 25 Jan 48. He did sleep with me in Oct & Nov. 48. And Dec 1 all night and S day. I may have met Abbott at Mrs White's I have been there when he was there I never went with him. He never sent for me I never had connection with Abbott. Never with any man but Baker.
XX: Baker was always on with me about Abbott why I did not go with him it was in summer in November I found myself with child I told Baker as soon as I knew it was in court as I was milking he said he was not surprised it was no more than he expected
XXX: It was not for some time after Baker spoke to me that I began to walk with Abbott.
John Vicary: was working for Page in 48 Baker came after I came Smith came after Baker Winter 48 Jan Feb March. Saw Baker ketch the girl & throw her down & pull her cloathes over her head. I said Ill go to bed & not disturb you I did go & left both there Nov 48. Baker & I at work Master & Mistress away Baker was in house I went in to look for him I could not find him. I called to Sarah where's Baker she said is not he there I said no I cant find him I went on to pump house I saw Sarah come down before & Baker after the men's stairs. I went out in stable & when Baker came I said where have you been young fellow you have been in bed with the maid he said no I was behind the door. I said it's a lye I know I looked behind the door myself. I says youl rue for this after a bit. He said I don't care it was the last time Mrs came to Exeter before her confinement on 24th Nov. the day before he left were working together on road he sayed its ?murder theres two of young woman ... to him he did not care if one was all ?right. I said theres one home what makes you think that I said I know it. he laughed. He said I suppose I must stop it and that he never would never get a wife while he could get on as he did ?scores of times.
X: did you ever romp with this girl. I have enough at home to wrap myself in.
Mr Davy: send Baker 3 Nov and again 10. Second time he at work now its for child born. He said Ive only one child. I said whose that by he say Sarah Heyward I said this is Sarah Smith he said that's all one he knew she was called Smith he knew there was mistake before I went out of ?county
X: his words were not I am charged with one child thats Sarah Heyward
Appellant.
John Tozer: knows Smith & Baker & Abbott. Seen Abbott & Smith together in Rockbeare village in 48 about ladyday first. More than 3 times seen them walking together arm in arm. As late as nine only once just after Michaelmas at fidlers style about 1 mile from Rockbeare. Saw them come out of Hedge Throw Abbott doing up waistband of trowsers in the road wished him good night he answered she did not I said if she would not speak I know who she was
X: I saw them stepping out from throw Sunday night it was not by dark
Jos Starke: 22 August 48. For 15 weeks at Pages. Slept with Baker never slept out a night. Knows Abbott seen him with Smith. Lent to Smith an umbrella in Dec. they were at Pages Abbott went to Whites girl came to door Smith knew what it meant & she went to Whites to meet Abbott often Abbott came Sunday afternoon at Prayer time Mrs & Mr Page not at home he was in kitchen Smith with him alone I was upstairs I was asleep when I woke I saw Smith & Abott she getting tea things went away till 8 Aug Abbott still there seen Abbott about stables When Page returned Abbott went out to stables & got in to loft. He asked me to come across court with him we kept steps that there might not be two steps heard in Sept latter end. Have seen him Oct & Nov sometimes March go out to speak to him when I told her she was there. Said no signs of her keeping company with Baker. Have heard her say she did keep company with him. Was called before magistrates as witness was not examined. Her mother asked to leave out Abbott. Smith present. Sarah Smith said it was a different tale from what she had heard before I said that one morning when I woke Baker not in bed with me he came back in ¼ hour. I said you've been with girl he said I have been in necessary. I heard the door shut in Sept. Master & mistress not at home.
X: on my oath I never said to Mr Hancock I have seen them romping or that I had seen her sitting on his knee.