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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.