COURT CASE NOTES 1849-51

This is one of a series of notebooks kept by Baldwin Fulford JP, during hearings at an unnamed court. Dates mentioned in this one range from 1849-1851. It contains notes of the charge, evidence, verdict and sentence, if any. All the crimes in this one are theft. 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:

Uffculme: COOK, PERHAM, BOWERMAN, POOK, NOTT, STUDLY, SHADDLING

CRICK

MOORE

Exminster: MOORE, GIBBONS

Porter Henbury: SPARKES

East Stonehouse, Laira Green, Plymouth: GLASCOTT, MERRIFIELD, JEFFRY, NORTHMORE, GIBBONS, MANNING, WILLIAMS, HONEY, TRELIVING, POLLARD, POWELL, WEST, LEACH, MOORE

Drewsteignton: SOBEY, ELLIS, AGGETT, BROCK

Kelly: POOLEY, CUTTS, RADSTONE

INGLIS

East Teignmouth: GILPIN, COLERIDGE, HALLETT, WARD, PEARCE, THORN

Cullompton: GRANT, FARRANT

Highweek, Teigngrace: LAMBELL, QUICK, BUNCLARK, GOOD, SKINNER

LAMBEL

East Stonehouse: HARRIS, PETERS

North Lew: STANBURY, ADAMS, SMALE, GLASS, LAWTON

Kentisbeare: CARPENTER, KNIGHT

Mary Church: STANLAKE

St Thomas: VANSTONE, PINCE, BREWER, VEITCH, JOHNS, TIMEWELL, RHODES, CALDWELL, HUTCHINGS, NOTT

Ashburton: ELLIOTT, IRELAND

Exmouth: JONES, SANDERS

Culmstock: TREMLETT, TWOSE, MOORE

Thelbridge: LEACH, WEEKS, ?DEWER, SMITH

Kenn: HINE, ?LASTAM

Whitestone: JONES, ?VICKERY

St Mary Church: EDWARDS, CHAMP

Exminster, Mary Steps: STUDELY, BERRY, SNELL, CORNELIUS, CRISPIN

High Bickington: COUCH, NANCEKEOCK

Tormoham, Chelston, Marlton, Tor: WHITE, AVERY, ELLIS, REED, WALLING

St Giles in Wood, Torrington: HILL, COCK, ISAAC, BIRD, CLARK

Hemhill: HILL, CANN

Axminster, Honiton, Pinhoe: CLARK, LANGFORD, SANDFORD, TREBY, HOLWAY, JENNINGS, HARRIS, STAMP, BAKER

Mary Tavy: COX, NEWTON

Transcribed by Fay Sampson Priestley, Jan 2003

Inside cover:

First page:

William Cowper Southwood   embezzling
P^d Guilty. 6 months   H.L.

George Perham   not guilty. Stealing & receiving Property of Rich Bowerman 15 Feb. Parish Uffcombe.
 

Mary Pook:   Housekeeper to M^r Jas Nott of Uffcombe.
Night of 15 Feb. Saturday am was in bed   11½ noise   looked to a field of Bowerman 54 yards off. Saw a man taking wood from a rick in the field twice & put in heap & took towards gate where another man standing.

Robert Studly:   constable Uffcombe   had warrant to search Perham house   saw wood   some burning some in grate. Saw a stock of Filbert bush under stairs which I produce   Cooks live there there is but one fire found Perham near his work   he is lime burner.

Robert Shaddling:   servant to M^r Bowerman went with constables. Know wood produce saw it 15   at rick

W^m ?Crick   P^d guilty breaking open a box. 4 months.

Edward Moore stealing potatoes

W^m Moore   stealing wheat from W^m Gibbons of Exminster his master 6 Feb 1 Guilty. 4 months.

James Sparkes P^d guilty stealing corn Porter Henbury   22 Jan

7 6 years

Walter Northmore:   Laira Green   knows empty house   wash house 6 Feb   copper there   15 Feb copper gone

Joseph Gibbans:   Police   14 saw Merrifield in Bedford Street in cart with Manning   a copper in it. asked Manning where he got it   said from Prisoner. Took Merrifield in custody who said it was not his   he only assisted in putting into cart   did not know Glascott before   ?Plaintiff said he had bought it for 5s at Eldad. Glascot present.

R. H. Manning   Marine store   51 King street 14 Feb ½ past 11 stonehouse lane with cart   met Glascott   knew him well   he asked to sell copper   I said yes   what a lb. I asked what sort   he said dirty furnace copper. 4d per lb. He said it worth more 6 or 6 ½vhe said rather I should take it at oncevhe wanted to get rid he said wanted money for beer & rather I should have it as I knew a ?square fence as it was on the ?thirt. I said I would take it & would see him again at one
I did see him   he asked if I was ready   I said after dinner. Asked to lend bag   I lent it. he & Merrifield who brought the furnace & put it in cart. They got up & I drove towards Plymouth met police. Glascott had got out on way   Glascott told me they had sold lot of lead that morning between 11 & 1vI gave information to police.

Sarah Williams: asst at Henry Honey ?rag shop   know Merrifield   13 Feb said he had brass & lead   8.10. he said it was his   he had it in bag   we went out to back to weigh it   5½ lb. of brass 10 lead   there was bell metalvthat was the brass   I bought it put it on table till next morning   who sent Thomas Treliving to Pollards with it. Glascott was there when we came out to shop I gave 2 shilling of the 2.10. to him   he gave it back & said not his. I gave it to Merrifield & told him to call next day for 10d. Merrifield & another not G came for it next day.

Thomas Treliving:   went to Mrs Pollards with bell metal.

Charlotte Powell:   union Street 14 Feb metal 4.7¼. Bell with iron with it gave it to west.

John West. Took Glascot on 14th   he said very well   16 Feb. went to Laira Green   saw wash house where copper had been, measured corresponded   got bell metal from Powell. Iron from garden   correspond.

John Leach:   I made it & saw it fitted it   have no doubt of its being the same.

R.E. Moore:   Possession.

John Northmore: 9 Feb saw bell   16 gone.

Henry Sobey: Drewsteignton   11 Feb 1849 one ewe Property of William Ellis.

William Ellis: Farmer Drewsteignton   had sheep 11 Feb 49 in fields close to house. 11 went morning about 8   counted sheep. told sons saw where blood   saw footsteps   went to westerd blood all way   found half sheep   told Agget   got warrant for Sobey   went to house   Sobey constable found mutton found part of shin in garden same day carried half sheep to butcher.

W^m Ellis J^r: put sheep 10 feb into field & missed one. Sobey ran off.

John Ellis:   went to Sobeys

Antony Ellis: half sheep   carried it to Brock.

Dunning Brock: butcher   half sheep brought   gave to Agget   matched

John Aggett: constable   found some mutton in Sobeys house   found part of skin.   had warning

Guilty 10 years.

Richard Pooley of Kelly   wood of John Cutts 12 Feb

John ?Radstone: Wednesday 12 Feb   of Kelly   labourer   saw Pris 6 in morning   saw him at Cutts rick I was watching   saw him come from house come to ricks   pulled out wood   I went & spoke to him   he said he took it from his ricks. 1 day

Richard Pooley.   property of Radstone 10 Feb. 6 days

Elizabeth Pooley. 7 Feb   John Cutts   7 days.

James Inglis P^d guilty stealing 2d conviction 2 months   Whipping.

John Gilpin   East Teignmouth   4 Jan   beef property of Thomas Coleridge.

Thomas Coleridge: Butcher   Saturday 4 Jan 9¼ evening saw a mans hand take a piece of beef off stall   saw a man running out of market   followed   saw him go up the street towards M^r Hallatts shop   said stop thief   white hat   dark round jackett   light trousers   went out on Den & round to river into which he went & fell   he stood in water up to middle   a man called Ward came up   a light was brought.

W^m Pearce: 4 Jan took Prisoner ½ 9 had information   went to Prisoners house ¼ before 10 in bed room   he had all his clothes off except drawers   wet found Jackett trousers wanting Wet. Hat also wet. Light tap door of room   no answer   said who I was & that I would break door & it was opened   Pris said nothing   I saw him in the markett just after nine   there had been no rain.

X: Pris a fisherman   know nothing against Pris

XX: Clothing very wet indeed

Charles Hallet: 4.9.10 evening   Butcher   heard a person say stop thief.

Joseph Thorn: Victuler 4 Jan knows Pris ¼ past 8 stay ¾ hour   clothes not wet as at station

Not Guilty

Richard Grant Cullompton   24 day   Farm servant to Mark Farrant   eggs Guilty 1 week 1 whip

Susan Lambell Highweek   wife of John L   one petticoat. from John Quick   15 Jan Wednesday

Elizabeth Quick: wife of Robert Quick   15 Jan had flannel petticoats to was(?h)   hang out 7 behind house opposite kitchen window. Commercial Inn next door   ¼ before 4   7 oclock all safe. ¼ before 8 Sarah Bunclark brought me five. I saw it one from Mrs Goods. 17 Friday went to Teigngrace with Jas Skinner to Lambells house   prisoner present   found petticoat in bed room   Mrs G. it was clean. the rest dirty.

Jas Skinner: police   knows Pris   have search   found petticoat   Pris denied having it.

Elizabeth Bunclark: 15 Jan at ?home ... saw Pris come it   she went out   came in again with a pail on her arm   there was something white in it.

Elizabeth Quick: Pris said it was given by her sister. Identifies

Guilty. 3 months.

John Lambal not guilty

Harriot Harris alias Mary Harris 8 Feb East Stonehouse 1P_r   Boot   Property of Maria Peters   7 years

Harriett Harris   tub   Property of Thomas man   8 Feb Saturday
4 days

Elizabeth Stanbury North Lew 31 Jan

John Adams: farmer North Lew   31 Jan called up by Jas Smale & John Glass 6 7   went to pot cave with Lawton   not far from house   found broken   quantity gone   saw it day before   all right. I think about 3 pecks gone   saw mark of basket ? on corner in fresh earth   got warrant against 2 girls & their mother produces potatoes out of cave   Pris live ¾ mile off.

X: only one cave   took them out about 1 week ago. Those in bag found in Mary Stanbury's house.

John Glass: Farmer   40 yard from Prisoners   was watching 30 Jan night   saw Prisoners   Mary Anne had bag 12½ close to Pris house   she let bag fall   some potatoes fell out asked were been for them   she said bought & paid for them   the other ran away   went to Adams   saw Elizabeth Stanbury have a basket of Potatoes E.S. said go for potatoes & get ... for me if I .. them. Went to Smale who is constable. Went to the Prosecutor   Print of basket   6 & 7 of morning   it looked fresh broken. saw Elizabeth & Mary Anne   took up bag & took away. It was close to Prisoners house   I was watching.

X: known Mrs Stanbury some time   I know of any dispute particular

Jas Smale: 31 Jan got potatoes 11 oclock

Not guilty

Mary Stanbury receiving Not guilty

25.

John Carpenter of Kentisbeare   20th Jan   30 lb Hay   Property Charles Knight
Guilty
Till tomorrow   Whipped

Thursday 27   Mary Stanlake   1 Jan   Mary Church   table cloths &c property of Jas ... Wednesday   Not guilty

28 James Vanstone   4 Feb 1851   Erica ?Bruxaides & ten heath pots property Robert Taylor Pince St Thomas   Tuesday.

Feb 4 Tuesday   Frederick Brewer: in employ of M^r Pince   foreman   grow expensive plants   I believe there are some plants there only one in our garden & M^r Veitch. We have missed plants many   could not account how they went   expensive & rare   31 Dec marked some heath 25. Erica ?Brunaides not very common valued 5_s each   about a foot high   4 or 5 year old   all one batch   marked with a piece of wire   I made notches. Put it in the ball of the plant. Took the wire produced from plant in Indictment. These plants put on ground & marked & put back. Told Johns to count them from time to time. 3 Feb had information from J. that Plants missing. gave direction to buy plant from Vanston   Timewell brought me a plant about 10 oclock 4 Feb.   like one of batch   found wire in it gave plant to Timewell   it was not in our pot. Knows soil same.   got warrant Vanstone. The Prisoner said he grew the plant himself.

X: The 25 plants in a pit where there were other plants for sale   It was my duty to sell plants Johns Rhodes   Pince. No other at that time   I should have known them again. The next is a size larger.   in another part I

Henry Johns: care of 25. present 31 Dec   saw marking. 28 Jan counted   right   3 Feb one missing   saw a hole in line   have assistant   XXX: never sold any.

George Timewell: Dec.   had communication 31 Jan.   went to Vanstone's stall   asked for plants   ordered M^r Caldwell   Tuesday 4 Feb called again at Vanstone   buy six roses & heath   produced   took it to Brewer. who took out wire   had charge of plant since. X: got Plant from V. paid 2..6 for it in market saw no one else.

James Veitch. Never sold any such plants to Vanstone. It would be almost sure to kill if the soil is disturbed. Price of one produced 3.6.

Cornelius Rhodes: sell for Pince   never to Vanstone   to no one   28 to 3. I go myself.

Robert Taylor Pince: never that ?loss

XX: John Vanstone son of Pris   Saturday three weeks Feb 1. Ordered to buy plants at Pinces or ?Veitchs. B Heath. thought Hutchings would get it cheaper.   gave him name   he said he would get it   he gave it me the Monday night. I gave nothing for   gave Father. told him I gave 2_s for it. I shifted it next morning. I said I got it from Pinces I have had one or two from Hutchings before. told them from Pinces.

X: got Plant about 7. Saw him first down by his house. I employed him because I thought he could get it cheaper. He charged me nothing   I believed I got it honestly   I was not to know whether he had not bought the plant. I thought Hutchins bought & gave it me. We had none of that sort in garden.   ?Indevisa lobatav6 weeks or month ago had them same way. 18 months ago had two plants of him   one a prickly plant. Gave him 2_s for them. 18 m or 2 years ago got plants from Pince. I have spoken to my father about what I should say   I never told my Father what I was going to say. I did not think it the best. 3 weeks ago I knew I was to appear at sessions

XX: he has rowed me for it. he has never said about what I was to say.

?G count. I have never had but 5 plants from Hutchins. I cannot recollect whether Hutchins offered or I asked him. I did not know Hutchins was to steal the plants I did not know the plants were in any way dishonestly come by. I thought Hutchins would buy the Plants of M^r Pince.

10 years Guilty 2^nd & 4^th

James Vanstone 24 Feb. Cinererias Heliotropes Heaths.

William Caldwell: paper stainer   ordered plants of Vanstone some day before Jan 21. On that day went to his stall & got a hamper of plants from V. gave to Timewell   gave 1.6.9.

George Timewell:   21 Jan got baskett   gave to Brewer as received same day.

Frederick Brewer: examined & gave to Johns. Have missed other plants. Some expensive by my directions Caldwell purchased.
1 Erica Viridiflora 36
1 Sindriana 26
1 Clematis indevisa lobata   its pot 7.6.
had been changed. Those are all I think that came from us   they are three or four years old   from similarity I believe them to be the same. The earth had been entirely removed from Clematis   I have missed 2. One like produced   one large. We have had it not exceeding 1½ year. Should say not likely to be in common nursery garden.

X: we had 8. Saw last 4 Jan   about 10 day after missed it before the 21st.   to my knowledge no such plants sold.

Henry Johns: had plants since Brewer gave them on 21 Jan   I believe them to be Pinces I believe that to be my ... I have not sold heath to Vanstone or Clematis at all.

C. Rhodes: sold to V. Heath or Clematis at all.

Jas Veitch: Clematis   rather rare in county   about 3 years have never seen it in any other persons gardiner paper except our & P.

W^m Nott: Seedsman here   knows P.V. & Vanstone. Till lately Vanstones had green houses only about 3 months.

X: have many times been at Vanstones   never seen Clematis or heath of that sort. Clematis ?laton or Montana is an old plant.

3 ?end. Not guilty.
 

29 William Elliott of Ashburton   28th Jan   beehive honey   Property Thomas Ireland

30 Mary Jones   Exmouth   Petticoat from Jane Sanders   29 Jany Wednesday
2^nd con. 12 months.

Robert Twose: Farmer   Culmstock   Pris labourers   John my servant watched 17_th saw John & Jas.   saw John take a piece of pork from manger   gave it James who hankerchief & put in pocket   went away to work 100 yards   ½ hour after charged Jas. I think you have what ought not in pocket   he said I don't know I have. I said piece of pork. I told him to take it out   he did not   I did. I asked where other part   he said did not know. He said come in to the house, I'll try to settle it. he then took other part of pork   asked to forgive   he would give sov. He said he was going to give brother ?again as he knew it was wrong   John slept where pork kept.

X: Robert Moore produces pork   got from Twose   had it ever since.

Ann Twose: wife of Twose   had pork   Tremlet ?slip the room   Monday 17 saw pork under manger   I knew it mine   I took it out & put it back   saw Wednesday. Sunday. & Monday in manger. 1st count.

32 Thomas Leach Thelbridge   1st Jan   one Hay knife   good of Henry Weeks.

Henry Weeks: innkeeper Thelbridge   ground near house rick hay 1st Jan cut hay   left hay knife 2^nd. 7.8. came back   missed knife   saw footsteps round rick   mark of shoes. Saw Pris in my house 1st Jan. left ¼ before 9   saw 8th Jan on road & come into field were at work. Looked at his track if was like the one at rick   I believe it the same   Hay knife produced   mine   had it 6 or 7 year

X: made handle myself   recollected track   the old track was still there.

XX: got knife from Pris   rick

John ?Dewer: Took Pris   he had boots on   got knife from Pros

XX
W^m Moore: Smith in ?Brinley   in Nov I nailed those boots   have done 40 in same ?manner

34 John Hine   cloathes   Kenn   31 Jan   Property W^m ?Lastam

W^m Jones Whitestone 3 weeks 1 whip
Thomas Jones shirt 24 Feb
Property of James ?Vickery

William Edwards St Mary Church Jan 13
1 book from Jonah Champ
P^d guilty till Monday 1 whip

John Studely   parish Exminster   7 Feb   one pick property   Charles Berry.

Charles Berry: of Mary Steps   was at work at Xminster 6 Feb. draining   left 5.6   left in Drain Pick & Snell had been at work there Friday. Friday 7.   About 7. Pick missing   Monday 10 saw at Cornelius Fore St Hill   Crispin has it now. Identified.

John Cornelius: 7 Feb 8.9. morning

J Studely one shovel of Snell

Richard Couch   High Bickington   1 week   3 Feb   1 Bushell Barley   two Bags Property of   Samuel Nancekeock
Guilty

Adam White   Tormoham   13 Nov Wednesday   one Rule   Property of John Avery

John Avery: Joiners apprentice ?living Reed   working Dispensary about 5 or 6 months   Pris there for some time   had 3 foot rule   missed about 3 months ago end of November   forenoon had seen it a few minutes before   mark   a private mark & name stamp   saw done   J Avery   Pris was near working on same wall quite close   I enquired when I missed   he said I know nothing about it. saw Ellis have it 7 Feb Friday   White was there. I knew it   White went with me. Ellis had it   I saw it was mine. Pris was present & said he found it in fields   that Ellis saw him   Ellis said nothing   Ellis was not near when I lost it.

X; I said the rule was mine the name is b...d or scraped out

George White: Police   7 Feb went to Dispensary with Pris. White said he sold it   he found it in Chelston fields.

X

George Reed: saw Tuesday or Wed Feb   Pros it had b...s Jas Ellis had it

Jas Ellis: have worked at Dis   was there in Nov & in Feb   White came on 7 Feb   went to Pris who said I bought 3 or 4 of Feb   coming from Marlton to Tor in path I was in front   it was dusty moving   I was 3 or 4 feet in front. Pris said Jem whats passed this for   & he stooped down & picked up rule X: I did not see it was on same work. I don't think the rule was well.

Guilty. 2 months.

Adam White   Square 1_s Nov
George Reed: Lost a square beginning last Nov.   lost it from dispensary   from a window in morning about 11 oclock   foreman with us. Same afternoon   missed evening. G. White had it   Pris there at time.

X: I was only carpenter there at work. White heard of loss.

George White: found square in box in Pris house. Pris said had it ten years.

X: Reed present.

W K Walling:   carpenter   working Nov for Reed   there is a b...r   on it I let it drop   Reed bought 18 months   t is on the working edge
X: White showed me   I had told him of the mark   the square is all but new

Guilty. 2 months.

Richard Hill   3 fowls   Property Cock   25 Jan Sunday   St Giles in Wood

Mathew Cock: St Giles in Wood   Farmer   24 Jan had 20 poultry 4 cocks 2 hens 26 morning gone. Sent to Torrington   warrant   search Hills house William Isaac went with me   went to house   saw Hill saw nothing wife said if you told me what looking for I could have told you (Prisoner present.)   there were 3 fowls brought here by Richard Bird to sell   & she showed me in out house 3 cocks   one flew out   I said that's mine I saak brought out two more

X: nothing said about Clark or Bird bring more. Pris was at house at work. I saw a man who I was told was Clark. I also found fowls at Bird's house. I went to many others. Did not take Bird   he is escaped. The 2 fowls were in a bag. Sunday. 1 outside on Saturday.

Theophilus Cock:   Son of Pros. 20 fowls 5 or 6 Friday. 6 gone 4C. 2 H. in the evening 4 brought back   next day 2 more. There is notch in comb of   one.

William Isaac:   went with Cock to search   to Pris house. Found 3 fowls.

XX: W^m Clark:   Higler   knows Pris lives by road   Bird was there   he had fowls in hand. I bought   I told Bird to bring the fowls & I would buy them   claiming fowls. I had conversation with Pros. About 9 or 10 saw Bird evening 5. Pris said he had nothing to do with fowls.

X Not guilty.

Richard Hill. Wood. 23 Jan

George Cann: mile ½ from Pris 23 Jan was near Pris near Hemhill wood. 30 yards faggotts   there 5 or 6 evening saw him go into wood had faggott wood. There is no wood like. He went into house he said he had better carry it back again. He went to faggott I went away.

James Sandford:   live Axminster 16 father had poultry   many cocks Hens ducks &c missed 18   6 fowls. knows Pris sware to one & one like.

John Treby:   Produce 2 fowls   got from witnes Jennings

Mary Holway: wife of John of Honiton   keeps inn   knows Pris Saturday 18th Jan 9½ morning Langford and John Clark called for pint of cider   sat ½ hour then Robert C came. I was in room while they were talking   it is in boxes   no one else there. R.C. you will give me something for selling them   the others agreed to give him ½ each. He said if not for me you would have had nothing for you would run away & left them. the divided rounds money which amounted to 4_s & some halfpence each. I sent for police.

Ann Jennings: live at Pinhoe 18 Jan market day at HonitonTrushamsaw R.C. thereTrushamoffered 2 fowls. 2s.2d. gave to Treby. It was about 11

R.C. Guilty JL & JC + Not Guilty. 2 week 1 whip

Same 3   duck   17 Jan   Charles Harris

John Stamp: poulterer   18 Jan 9 & 10 oclock morning Honiton at Market   saw R.C.   asked if for sale. Bought 6 in ½ hour sold 4 to Baker.   2 gave to Treby

Ann Jenning: saw ducks delivered to last witness

Mary Holway: confirms last statement.

Isaiah Harris: 17 Jan 2 ducks 1 drake

Charles Harris: 2 ducks 1 drake   I put them into shop door   passed a basket & ducks all gone Pris live close.

J L 2 weeks 1 whip Guilty J C 2 weeks 1 whip R C 2 week 1 whip

3 indictment not guilty

William Cox   2 book   W^m Newton   Mary Tavy 10 Feb Monday.
2^nd convic Guilty 6 months.

Same   property of Master   10 Feb another house.