COURT CASE NOTES 1852

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:

Callington, St Sidwells

Lydford: GAMBIER

Penzance, East Stonehouse, Scilly, Town Chapel, Hythe, Celsea (Selsey?): WINGATE, RODD, GREEN, TADD, PENFOLD, VIBERT, TROW, JOHNS

Newton

North Tawton

Ivybridge: WHERY

SWEETLAND, THOMAS, BARRETT

MATHEWS, SAMPSON

FRANKS

JONES, PASMORE

Lyme, Axminster: THURSTON, ANGELL, REED, SYMES, ROBERTS, ACKFIELD

Wotton Fitzpaine, Whitchurch, Lyme: ?COLLIFANT

ROOKLY

Tavistock, Milton, Maria Mine, Jersey: GLIDDON, KELLAWAY, MASTERS, WISE, BRAY, BOLT

Weston Peveril, Honicknowle, St Budeaux: BRAUND, MAY, COCK, ARNOLD, GIBBS, HAMBLY

Slapton: FRIEND, PERRING, CHISSEL, CAWSE, PEPERIL, HINE, MORRISH, WILLS

STONE

East Stonehouse: JOHNS, PROUT, OLIVER, NATHAN

GRIGG

BAWDEN

Cornwood: GULLY, MUNFORD, ROGERS, FROUD

Milton Abbott, Kelly, Calstock: ANDREW, WILLIAMS, BURROWS, PALMER, BRENDON, WISE

Axminster: BURNETT, TUCKER, RESTARICK

Bigbury: REEVE, TERRY, TOALE

Seaton: SNELL, THOMAS

Cullompton, Broadclist: MORTIMER, CHAMBERS, WARE, GOULD

Transcribed by Fay Sampson Priestley, April 2003

Inside cover:
 

Oct. 1852

First page:

Callington Cornwall.  St Sidwells.
Notice admitted. No jurisdiction.

Capt. Gambier v Lydford ?ressnt.

Penzance v. East Stonehouse.
Agnes Wingate 4 years old. Birth sett, in Penzance

Augustus Rodd: Examined copy of Register book at Penzance. True copy. Agnes. daughter Elizabeth Wingate Susan Bickford born Sep 26 1847 at Penzance

Eliza Wingate: half sister. 32 aged  John Wingate died 14 June 51. Agnes is daughter. Elizabeth W died 4 years ago  I have kept Agnes ever since

X: John W was ?cox boatman coastguard 8 years in Silly   Grandfather William. Uncle Charles. Father in Kent before before in Sussex. We were on road to Town Chapel when we went to Penzance  the day after we got to P. Father & I went on. He staid there 15 months. Mother in law came 3 months after & brought child. No residence in Pen only lodgings.

X: Res. Charles Wingate. Hythe  was coastguard  57 years old  John about 12 years older  father & mother William & Elizabeth   had several other brothers & sisters older & younger than John. Thomas Eldest  Charlotte  William  then John. Among them Charles & I younger. Father lived at Celsea  I was a Child  he lived there till his death  he died about 1810. John lived there in 1800. He after lived away from him in Celsea some years after. he went first to farmer then fishing service  did not sleep in fathers house but always in Celsea  in 20 went into Coastguard  he was married then about 3 years. He never lived any where else till then. My Grandfather was Clerk of the Parish in 1800. He continued till he died.

X: First Clergyman's name Green.

William Tadd: Live in Celsea  am Parish Clerk  George Wingate was before me  William before him. 1804 I knew him  he might have been before John  lived there had 3£ as  sallary. no alteration.

Hugh Penfold: Ch. Warden Celsea  produce books from 1764 to present time. There is no entry of name Parish Clerk. There is of payment of Clerk sallary.

Charles M. Vibert: asst. overseer of Penzance. Produces certificate from Celsea.

William Trow: fisherman  2 years older than John W. lived all I can recollect at Celsea lived under one roof. When I first recollect knew him  father  William he was Clerk 13 or 14 years. His son about 2.

X: he worked at Mr Johns's
Quashed.

Certificate of road in Newton
Allowed

North Tawton. ?Itton Moore road
Allowed

Jame Whery  for licence for 5 male & 5 female prisoners  West Park House  Ivybridge. Allowed

Charlotte Sweetland  H Thomas  24 June  Tuesday. 2 pieces of carpet   property of John Barrett  Not guilty.
Susan Barrett:  2 weeks.

John Mathews  P^d G. Larceny
James Sampson  2W. 1 W.

John Mathews  Pd G. 4. 1W
James Sampson  2. 1W

George Franks  3W 1 W  P^d G

John Reed: Yeoman of Lyme  13 Axminster fair  sold cattle was not   paid sold openly in fair  fair full. Went from George 10½  left with Symes. My horse at Lamb outside town. Syms had horse with him   two women followed us & spoke to us  Mary Thurston was one  she spoke to Symes first & then to me. When we came to gate saw Thurston with umbrella & another man  Pris was close by door. I went into inn  we stayed about 5 minutes  when we went in it was about ¼ to 11. I went out in 5 minutes & they locked the door   the two women sprung on me and Thurston & another man sprung on me and tried to pick my Pockett  in the struggle we broke pain of glass. A woman coughed & they ran. Angell caught me directly & I threw him  he bit me  I gave him in custody and at Rose & Crown found Thurston & M Th. in bed locked in  found umbrella in faggott of wood.

X: I was not drunk  I was not the worse for liquor. The other woman went away and the man with her  I did not see her faint.

Thomas Roberts: Lamb Inn. 15 Oct  Angell was there before 11  I put him out about 11  I heard Read cry  I went out & took Angell. I saw Thurston before  about ½ to ¼ hour. A few minutes before Read came

X: I think Read a little the worse for liquor.

Henry Symes: was at Axminster 13 Oct  9 to 10 left George  went towards Lamb  pass Rose & Crown  saw two women  M T was one  saw TT & MT. by lamp at Turnpike gate. Went in to Lamb  saw Read go out   went out  found Angell

James Ackfield: son of Rose & Crown  Mary Thurston came in about 11  met another woman  asked where Joe was  who calld Joe. M T went out. I had noticed the Clock.

Mary Thurstons declaration was put in.

James Rookly  P^d Guilty  6 months

William Gliddon  of Tavistock  property of William Masters
William Kellaway  received  after previous conviction  31st July Saturday

William Masters: son of Pros  live in Parish of Milton  was at Maria Mine  had 10 week ago a pair of boots  left in changing house  a few days after went for them  they were gone about 10 weeks after John Wise had him  I had worn them for 3 months. Pris Glyddon said he had not taken them  then he said he had taken them & put them back

X: I believe them to be my boots.

Walter Bray: work at Anna Maria for 3 month  knows Pris Gliddon   Pros left Boots with me  I put them in changing house  2 or 3 days after Glidden put on the boots & wore them boots  I told them they were a young mans up --- he said they were Bolts who was gone to Jersey  we went to Glidden who said he knew nothing of them for he took them off because they hurt his toes & put them by the Slime pits

X: I have known mistakes made

John Wise: Kellaway said he had not received any boots from Glidden  Pros brother came up & said those are the boots  his wife said he did not give them but gave 3s. Glidden said that Kellaway told him he wanted boots & that he said he would get him a pair. At the mine.

Back of notebook.

William Braund. 1 Reeping Hook  property of Wm May in Weston Peveril  9 August Monday.

William May: labourer  August 9 was working for Cock in West Peveril  had new hook would not cut  borrowed one  Mr Cock carried away my hook  Prisoner was working there next me I was at house evening  Pris there  Cock told me he had put it in a shock & he could not find it. I have not seen it till Sunday week. Some days after was there  Pris there  I said could not find hook  he said nothing.

George Arnold: beer house  Mr Gibbs in Village of Honicknowle in St Budeaux  Pris there about 6 weeks ago after Harvest. 3 others there & Mr Gibbs. He was telling who had best hooks  he said that would cut with his two hair off mans arm & offered hooks for sale for 5s. then 4s  I offered 3s & he took it. William May saw them Sunday ?Week  Tuesday Hambly came I gave him hook  ?May saw

Richard Cock: farmer  put hook in shock. Missed it  asked for it at different times in prisoners presence.

Thomas Hambly: constable  12 Oct. took Pris  same day charged him   said he found  he said after that there were 4 hooks in Cocks field & that he carried away one & sold it to G Arnold.

W May: Identifies

Francis Friend  George Perring  John Chissel  5 Sept Sunday  in the Parish of Slapton  Rich Cawse constable in Duty did assault

Rich Cawse: constable of Slapton  was in village 5 oclock on Sunday 5 Sept  saw prisoners Friend on table without coat  other two on chairs  were very noisy and using abusive language. Mrs Peperil landlady asked me to remove them  I told them to go  Friend got off table  placed himself in fighting attitude & said You b You shant put us out. They all ?passed in same language  I said I cant get them out by myself & must leave  I went back  I again asked them to leave. I went & fetched Mr Hine  he went in & I said I knew them. I again asked them to leave & said 6d would not go   met landlord & went back with Hine & 2 or 3 other men. & eventually we got them out. Chissel was by me  the others behind  as soon as we got out he seized me violently by the breast & with the stick produced said you B  Ill beat your brains out   Mr Hine caught the stick & took it from him  then Perring took up two stones in right Hand  grappled me with left & said there you B  Ill have you  he was seized  Friend Sprys at rail  said I break this rail down & beat the B brains out  I got in to landlords house & locked House.

X: No prevented me from shutting door. I do know John Morrish  I saw two besides prisoners in room  they were calling for beer  I know two females of name of Wills near  said to either that my son told me

XX: & the Prisoners had been drinking & were not sober

Jemima Peperil: on 5 Sept saw Pris  on that day Chissel came in by self & had pint of ale  then the others came  about 10 Monday   I saw they were in such a disabel that I told them not to come in Friend had neither coat nor waistcoat Perring no coat & waistcoat unbuttoned they said a pint of beer. I said I shall not draw beer & I wish you to leave same again I attempted to keep the door but they said with an oath they would come in & they did. I said you appear to had enough they kept making noise. I went to door again & called Cawse. I went in with him he asked them to go out. They said they would not go out to please him 3 times. Mr Hine 3 times. I saw a stick in Chissels hand & I saw it over Cawse's head.

X: I know of no quarrell with Perring  I did not say what have you been saying of me

They were not sober when they came to my house.

John Hine: Ch W. of Slapton 5 Sep. I went to public house  saw Pris in Kitchen  Cawse asked them to go out. They were abusive  we left & came back with others  then got them out  I went out  saw Chissel  strike at Constable  I took stick from him  I should say they were drunk.

X: Guilty  1 month HL

Elizabeth Johns. A servant  goods  of Francis Prout  East Stonehouse  eighth of Sep Wednesday.

Susan Prout: Wife of Francis  14 Forestreet  Stonehouse  for 10 days  came on Monday 30 August. Saw them in box 2 days before  they were shown me in box  they were gone Wedn 8 Sep. Pris was then Servant. Missed on Monday 5. boots from bar & asked Pris who said she had never seen them  box not locked  he had access. Identifies

Susan Prout Jr: Missed from box  2 or 3 days before in my bed room Identifies

Emma Oliver: Wed 8th Sep brought me pair of boots & asked me to pledge  I said I would  then to pledge Scarf &c  I took to Mrs Prout. & gave Nathan

Henrietta Nathan: searched pris  found on her ribbon &c  8th Sept.

Aaron Nathan: received from Oliver & daughter

John Grigg  2 months HL. P^d guilty

William Bawden  P^d guilty  1 Whipped.

Edward Gully  20 Sep  Monday one  Bidaxe  goods of Robert Munford Parish of Cornwood

Robert Munford: labourer  Cornwood  about 20 Sept lent a Bidaxe to Peter Rogers  the one produced by Froud is it.

Peter Rogers: last mt lent me Bidaxe  about 20 Sep  took it to a garden I was at work in  worked with it about hour & put against hedge  I told a boy who was with to carry it in but he was sent away & did not  the day after but one it was gone  Pris lives in same village  this is the one.

Thomas Froude: police  searched house  went to where at work  had the Bidaxe. He said he bought it 2 years ago  11 Oct

John Andrew  parish of Milton Abbott  6 Sept Monday  assault with intent to ravish Ann Williams

Ann Williams: 10 years old  Monday 6 Sept. had been at Burrows   about 8 oclock  only about 3 fields off  as I left the house I saw Mr Palmer at the gate  I heard before Mr Palmer say good night  Mr Palmer said good night to me I saw a man before me a few yards off   he turned to me & asked how far I was going  he asked me to shake hands with me & I began to cry  he gave me 1½  I was going to run away when he caught me & threw me down by hedge  he said come with me I will not hurt you  he took up my cloaths  he took down his own he put his hand over my mouth & nose I made as much noise as I could  he asked me how old I was I said 10  he said I was older  he asked me if I had ever been with any other man  Mr George Brendon came along & he ran away  he told me to stretch my legs  he pulled them abroad. He tore my bonnett he was dressed in light cloathes.

X: near half hour.

Elizabeth Williams: mother 10  June 4th. 6 Sept nose swelled after  arms stung by nettles  bonnet torn & the girl very faint   about 8

George Palmer: Monday 6 Sept was at Lifton about 6½   saw a man in water table about ½ mile from quarry  in light dress  I was walking  I went to lake and to a farm of mine  about ½ to 8 I came into road 3 miles on  I saw the man again. He went after to gates I said I going in I said good night saw girl the man 5 or 6 feet   behind that is the man  I heard a sort of scream  about 2 or 3 minutes

George Brendon: 6 Sept about 8 coming from Kelly saw something White in Hedge. Saw a man & female in hedge throw  the man got up & then the girl  the girl said the man has ?part killed me   the man buttoned up trowsers & ran away  I road after him & the girl came after screaming  he got over gate & got away  he was in a light dress coat & trowsers  it was a dark  it was a big man  such a man as prisoner

X: as soon as he got off he got off she got up & began to scream

XX: I am rather hard of hearing  the girl got up as fast as she could

John Wise: constable  8 Sept Wednesday in Calstock  7 or 8 miles off  I charged him with the attempt  he said he could not recollect what I did when I was drunk. He asked me on the 9 if girl had any witness  I said yes & he said it will go against me

In margin: Samuel Restarick

John Burnett  of Axminster  Oct 14th Thursday  assault on Wm Tucker constable

William Tucker P^d Guilty  6 months HL.

John Reeve
John Reeve Jr.  of Bigbury 25 Sept Saturday  3 fowls property of John Terry

John Terry: farmer of Bigbury  keep hens. 25 Sept Pris came there   J R Jr 10 left    11 JR  Jr said on leaving said he would be 6 to my half dozen because I would not draw porter for him. I found next morning 3 fowls gone from other house  feathers & blood. I know Pris  both live together  searched house  JR was at home alone  about 7. Identifies.

John Snell of Seaton  18 Oct Monday  on William Thomas constable Did make an assault.

Ann Mortimer obtaining money under false pretences from Wm Chambers.

Wm Chambers: a month before Pris told me Master had given 4£ order  7 Oct came again said had load of goods  4£ for Master  wanted to sell some to pay horse & carriage  asked for bed. 12 she came  another woman was with her  said she was served a Blagard trick  Man would not deliver with out money  asked if I lend 1.1.0  that Master would lend it her but she did not like to go so late  she would give 5d at 8 morning for lent  went up field with her   Man said which way  she said I will have it unloaded here  she said cart round corner  I looked about  no horse or cart. Saw her again 18 Monday at Cullompton in custody

Jane Chambers: wife of W C  Pris came 7 Oct. saw money given. What Husband said is true.

David Ware: Police  knows Pris  lives at Cullompton  charge at Broadclist. Said she had never been there

Joseph Gould: do not know Pris  never gave order or saw her.