COURT CASE NOTES MICHAELMAS 1851

This is one of a series of notebooks kept by Baldwin Fulford JP, during hearings at a magistrates' court or petty sessions. The date of this one is c.1851. It contains notes of the charge, evidence, verdict and sentence, if any. The crimes are minor ones, usually theft, committed at locations across Devon. At the other end of the notebook are settlement hearings, to determine which parish was responsible for maintaining a pauper.
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:

Ermington: ...ERY

Fulham. Thorverton:

Stonehouse: WATKINSON, BOND.

SANDERS, BEAVIS, TROAKE

Woodbury: GODFREY, NICKS, KENWOOD

Crediton: DUNN, DYMOND

Talaton, Ottery: TRACY, TOTTERDALE, DAVY

Tavistock: NICHOLLS, AVARD, HARVY, ?CERITHY, MOORE

Ottery St Mary: BERRY, BAKER, ACKLAND, DAVY, DUNNING

Culmstock: SMITH, TAYLOR, RICE

DYER, HYNE, FARWELL

Wear Gifford: JERVIS, TURTON, FOSS, FUSSELL, HODGE, SANDERS

Crediton, Exwick: SEYMOUR, BENNETT, HOSKINS, LEATHER, KERSWELL

Yarcombe, Taunton: BARTER, LEE, RICHARDS, HAWKINS, NORTHAM, ?TUCK

Tormoham: CREWS, WHITE, MACQUEEN, RENDALL, WARD, SHAPLY, SLOBRIDGE, SAMPSON, EDWORTHY, JOLLY

Uffcombe, Culmstock: CHILCOTT, ROWDON, MOORE, TAPSCOTT, LEMON, WALKEY

Chudleigh, Newton, Bristol, Buckfastleigh: HARRIS, STAMP, HUGO, LINSCOTT, COLLINS, ELLIS, TREWMAN

Transcribed by Fay Sampson Priestley, April 2003

Inside front cover:

Micmas 1851.

First page:

Forman Watkinson. 2 Pewter Pots. Property of Edward Bond. Stonehouse  8 Oct 1851
1 week 1 Whip.

Mary Ann Sanders  P. shoes. Property of W^m Beavis  13^th Sept. 3 months.

Sarah Beavis: Sell shoes. 12.4 Saturday 13 Sep. missed P. shoes from Window. Identifies

W^m Troake: Produces shoes. Took from Prisoners bundle

Ann Beavis

Joseph Godfrey  18 Wood  property of Francis Nicks. Parish of Woodbury
7 Sep. 1 Whipping

Francis Nicks: farmer Woodbury 6 Sept had 6 faggots 1 log  on 7 Sept 2 fields from Meadow met Pris with wood on back 2 faggots 1 log  Identifies

Richard Kenwood: Constable  said it first time.

John Dunn  one adze Parish  Crediton 20th Sep. Property of John Dymond
2 weeks.

John Tracy Talaton 27 Sep. 1 shilling from the Person of Charlotte Totterdale.

Charlotte Totterdale: 27 Sep saw Pris at her House 3 & 4. Opened door  asked to light Pipe  I did went  back to door & said he had bust his shoes on the road & as he stooped he picked up a gold ring  that a lady had passed 10 minutes before & he supposed she had dropped it  I asked why he had not given it her. He said he supposed if he had it would have been 4d or 4.6 in his pockett  near half way house  he held the ring near one I had on & said that is not gold  I said no. I said what he had was not gold  he said it was. I said I had one upstairs & would fetch it & compare it. I fetched other & I said there was a great difference  he said no  he said then if you have a shilling I will tell you if gold or no I took out a shilling but felt nervous as to what he was going to do with it & was going to put it in Pocket again  he took hold of my hand & took it from me  I was afraid of him  no one was with me but little children  he put down the ring & said the ring is yours & the shilling is mine. He went away. I sent my husband after him. This was Saturday  I saw him next on Monday at Woodbury before Magistrates  I produce the ring

W^m Davy: took Pris 28 Sept in Ottery   charged him with shilling  he said he did not know the Place  6 months

Thomas Nicholls of Tavistock  8 Sep. 1 handkerchief  property of R J Avard

Robert John Avard: lives at Tavistock  8 Sep missed silk handkerchief

Elizabeth Harvy: washed & hung 2 oclock 8 Sept. 6 oclock missing

John ?Cerithy: Got Handkerchief from room

John Berry  Ottery St Mary  10 Sep. 20 Turves.  property of George Baker

George Baker: labourer of Ottery  lost a quantity of Turves  about 7 cart loads  sent John Ackland.

John Ackland: 10 Sept. Baker sent me to watch Turves. Went and laid in ditch about 4 in morning  5 saw Berry come with a Pick & rope  he made up a bundle of Turves  took up & went on  I came up & said you're the man Ive been looking for I took them  he said D Turves  I wish I had never seen them. Begged not tell

W^m Davy:

X: W^m Dunning. 6 weeks

John Turton: of Wear Gifford  wollen manufacturer  19 May had 2 shovels Hoe Maddock Pick. Evening in out house  20 6 oclock missing   Identifies

Susan Foss: 4.5 saw Pris in road near house  after that put tools into out house.

John Fussell: Produces & saw them in possession of Pris 20 May

Mary Hodge: 29 May Pris came to my house  Brought tools

Susan Sanders: Bought tools.

John Seymour  19 Sept one  Cloak Property of Ann Bennet  from Crediton Railroad

Daniel Hoskins: Produce cloak from Ann Bennett

Anne Bennett: of Exwick  went to Crediton Friday 19 Sept 9 oclock evening  had cloak  when out of station missed it  went back & inquired  it was not found  20th went to Prisoners house  asked for him he  said you left your cloak in the train last night  I said I did. I said what am I to give you to let me have the Cloak  he said a glass of grog wont you. I gave 6. I gave cloak to Hoskins. Pris & a Boy were in the carriage with me.

X: other people  nearly full. I had not left the station gates more than to go 12 yards. I had left the train about 3 minutes  when I came back  many people were there  when I came back saw Leather next day who told me that Seymour took it I therefore went to Seymour. I heard before Policeman the boy say Seymour said its a pity the woman should loose cloak. I had given information to railway of my loss & went to them to tell them I had found it

William Kerswell: 19 Sept went to Crediton  Seymour Leather Ann Bennett in carriage. at Crediton station Seymour said one of the people's left a cloak behind  its a pity she should loose it  I will carry it out to her  when he got out he stood on platform  he said where is the woman belonging to this Cloak

Eli Barter of Yarcombe  1st Oct  house  breaking one coat one pair of trowsers  property of Robert Lee

Thomas Hawkins: Pawnbroker  Taunton  1 Oct. Pris brought Jackett & trowsers about 12  he pledged them for W^m Northam of Yarcombe  I gave them to constable. 11 miles from Yarcombe

... ?Tuck: constable Yarcombe  2 Oct searched Richards  met Prisoner  charged stealing  he denied  I said I should take him to question & at Taunton most likely find things  he said he knew where they were but had nothing to do with it

Charles Crews of Tormoham  in and upon George White in execution of his Duty did make an assault. 4 Sept. Thursday.

George White: Policeman  Torquay 4 Sept. was going to summon a man called Macqueen. Had information of a Robbery of Irish  has discription  I went after Rendall & met Pris  I saw Rendall and took him in custody. I after went Crews house  I saw Crews after & told him he was accused  he said he had not been home I told him M^rs Ward said he had  I asked him if he would go with me  he said yes. The Pris knows me well. He said I was a bb Liar & so was M^rs W. He offered me the key of his house to search & he went with me  he asked M^rs Ward if he had been home  she said yes  I told M^r White so 10 minutes ago  he again offered key  I refused  some one opened door  I went in. Crews took hold me  said you B B. where's your warrant & kicked me 2 or 3 times & tried shut the door  I asked him to let me go. He would not I took out my staff & said if you do not let me go I will knock your brains out. I took out staff  he went on kicking me  I pulled him out of house & Shaply came  Pris took hold of staff & kept on kicking. Pris said Im a Police man  Ill blood the B B before Im done with  him I gave staff to Shaply. Pris had heavy boots with scute. Am still under medical treatment.

X: no charge has been gone into before Magistrate. He pulled a basket from under table. I had not searched any thing  I do not think I had taken my hands out of my pocketts before he attacked me   he said nothing about a ?congar being in the baskett  it appeared to contain rags. I did not take out my staff till after struggle began. I did not sware. The Pris did not take hold of staff to stop me from hitting  then he let go the door & I put the staff into my pocket  it was before this he had begun to kick. We did not go back  I & Shaply  & searched the house by Prisoner wish but found no fish.

Elizabeth Slobridge: saw Randell & Crews at him and Sampson with some fish. Saw a man take out two fish. He went up towards where Crews was at work  they had been working together.

John Shaply: assistant overseer  heard noise  saw White & Pris struggling in doorway of Pris house  White desired Crews to let him go  after they were out. Pris began to kick him  I told to go quietly   White had mace in hand  Crews had hold of it. White was bleeding from kicks  I saw kicks. Pris said to White you're Policeman & I am your master & he challenged him to fight. The kicking went on for 10 minutes

X: they were found in doorway when I first saw them.

Ann Edaworthy: 4 Sept. saw Rendall & Crews together  Crews went into his front door.he had a handkerchief. 3 & 4 throw up in Rendalls cart. 10 minutes after saw Crews & White go in and come out struggling  saw Crews kick him  saw blood

W Rowe Jolly: 4 Sept called to White from wound in leg. The main vein was wounded.

George Sampson: lost 2 fish  maid told me she saw a man take them out  White came in  I told him I had lost 2 fish  he asked if I knew who took them  I said I did not but the maid did  while he was speaking to the maid. I went with White to Pris  they went in. Pris gave White was going to begin to search the house  White took something out of a basket  about 15 fishes I could not see my particular  the Pris said he should not search without a warrant   Pris caught White by collar  they had a struggle got out side the door  White drew his mace & said he would not interrupted in his duty  it was outside the hour. I did not hear what he said  cant say if violently  Pris kicked him very violently. I did not see him kicked before. I considered that Crews was pushing him out. When White was going out  that either Crews or the other man that took the Fish.        Guilty 15 months

Charles Chilcott: 3 Asses. Wounding  goods of Thomas Rowdon   Uffcombe 9 Oct.

Thomas Rowdon: Culmstock  Thursday 9 Oct. on the road  had Donkeys   nothing the matter tails & ears  next morning tails cut off  one ear from 2 Donkeys  one ear almost off. About 3 or 4 inches left.

X: 4 x 5 turned out  saw morning 7.8.

Thomas Moore: Culmstock. 10 Friday  saw Donkeys with ears & tails off. About 7  they had been bleeding a good deal & appeared very weak.

John Tapscott: 9 Thursday. Knows Pris  once at my house  with W^m Lemon  left about 11. They were brought back next morning. Friday night after locking up. They in custody   the guard called me  I went in  the Pris wanted me

Thomas Walkey: Thursday 9. Saw Pris at Hill Moor Public House  I drank with him  ½ past nine left  W Lemon with him  Lemon & Chilcott. came in ?ships Jackett ?grey ?canvas Hat

W^m Lemon: knows Pris  was with me. As going home we saw 3 donkey 11. 12  Chilcott said I will have a ?joke with them  I asked what he would do  he said he would ear mark them & cut off their tails  I ask him not to do it that it was transportation if it was found out. He was not tipsy but was excited  he went towards the Donkeys  I stopped  He catched a Donkey  I did not see what he did to him  I saw no more for nearly½ mile  they went on  I followed on  when I came up he had turned them back he said he had done it. I said what have you done to them He said I have lopped them & cut off their tails. It was dark. Saw no other person. Knows pris several years  not intimately  We went home he left me at my house.

X: was going home. I did not interfere because I would not have any thing to do with it  When he told me I said he ought not to have done it.

Robert Moore: blood marks quite fresh     12 months.

John Harris Chudleigh  26 July  one watch chain & key  property of John Stamp  Monday

John Stamp: mason at Newton 26 July at Exeter Inn Chudleigh  had watch  many people  Harris was there. I went out into Passage I was fighting with Hugo. Pris then came in  Harris caught me by coat & pulled me off Table  There was a general row. I then missed the watch  about 12 oclock  I said I had lost the watch to the party & Landlord  heard of my watch 19^th Sept  I went to shop of John Lincott. He is general dealer  Police man went with me  found my watch. Identifies.

X: 8. 9 went to Exeter Inn  I had my watch when I went in. When I said I lost my watch ?Mary/?many said I had not lost it. I then went to constable house and could not make him hear. Harris was there at the time. Collins & Hugo Miners were there who are since gone from the neighbourhood. Both was there. He is still in the neighbourhood.

John Linscott: in Exeter 23 August saw Pris in shop  bought watch. He asked 2£ and I gave it. he had a watch price 18s and gave him 22s. there were some appendages  seals &c chain  he put them on the new watch  He said his name John Stamp  that he had been working for a person called Stamp in Bristol  that he bought the watch at Pawn in Bristol for 3£  he sold it cause going to Buckfastleigh  ?Monday  there was another person out side   Identifies

X: 1.2. I think he had on a velveteen coat. Another man was charged as concerned. I believe his name was Ellis. He has been discharg  ed I could not sware

XX: conversation ½ hour  taken by my description

John Trewman: constable  took Harris 21 Sep. charged him stealing Stamps watch  he said did not know any thing  took him to Linscott   Produce watch from Linscott

X: took Ellis. Harris has been working about Chudley for many years.

Statement of Pris put in who says he was there  I had hold of Stamp  there was a row.

Guilty. 2 months