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Somerset County Gazette Saturday 06 Apr 1839
Page 2 Column 2-7
SOMERSET LENT ASSIZES.
THESE Assizes commenced on Tuesday before Mr. BARON GURNEY and Mr. Baron MAULE, Sir. W. C. MEDIYCOTT officiating as Sheriff, Mr. Baron MAULE arrived alone on Tuesday afternoon, and immediately proceeded to Church after opening the Commission. Mr. Baron GURNEY arrived on the following morning. The Courts opened at 9 o'clock.
There are only 27 Causes set down for trial, and but two of them for Special Juries.
The following is the Calendar of Prisoners for trial:-
W. WOOD, J. STOOK, and J. PARISH, feloniously wounding T. HANCOCK, with intend to murder; C. STEVENS, feloniously committing a certain crime with an ass; R. MILVERTON, assaulting Lucy ROPER, &c.; J. OSMOND, wilful murder of W. STACY; W. NETHY, assaulting Eliza SNOCK, &c.; W. LANGDON, stealing two mares, the property of S. MURLEY; B. WILKINS, unlawfully entering certain enclosed lands by night, with others, armed with guns, for the purpose of destroying game; W. HAYWARD, wilful murder of J. MacCARTHY the younger; J. PALFREY and W. PALFREY, stealing a wether sheep, the property of J. WEST; R. EVELEIGH, stealing a pair of trowsers, the property of W. WELCH; J. FURZE, killing and slaying W. PIKE; W. MEADE, stealing a frock, the property of J. CHAPMAN; J. LOMAN, stealing 5 lbs. weight of hay, the property of his master, R. TURLE; J. TOATEN, stealing a watch, seal, and chain, the property of T. COSWAY; J. HURMAN, E. STRONG, J. ROWSELL and Leah DIBBLE, James EZEKIEL, and John, with stealing two fowls, the property of W. FORD, and Leah with receiving, knowing the same to have been stolen; J. HODGES, stealing 36 sovereigns, the property of J. MINCHTON; C. GODDING, stealing 5 fowls, the property of W. FORD; J. TROTT, stealing 2 half-crowns, the property of R. MUNCKTON; R. STREET and J. STREET, stealing a quantity of ash board, the property of A. CHAMPION; W. OATEN and J. WIDE, stealing 3 turkeys, the property of T. THOMPSON, Esq.; G. ALLEN and W. WILLIAMS, stealing a great coat, the property of J. STOWER; J. RIDLER, stealing a larch fir pole, the property of Sir J. TREVELYNN, Bart.; J. EDWARDS, stealing a shovel, the property of W. KEARLE; J. HARVEY, stealing from the person of T. TALBOT, 1 watch, a seal, and two keys; A. PARKMAN, stealing 70lbs, weight of hay, the property of J. CHAPPELL, the younger; J. SANDERS, assaulting R. HILL, with intent to rob him; J. ARNOLD, stealing 5 sheep skins, the property of S. DOWN; W. VICKERY, J. M'CARTHY, and G. ROGERS, William stealing 50lbs, weight of wool, the property of R. DUNN, Jerry and George with receiving, well knowing the same to have been stolen; Jane HELLARD, stealing a pair of shoes, the property of S. GEORGE; J. SLADE, stealing a pair of leathern sleeves, the property of G. STACEY; C. CHICK, feloniously wounding J. MITCHELL, with intent to do him some grievous bodily harm; R. MORRIS, burglariously breaking and entering the dwelling-house of J. PETTARD, and stealing bread, money, &c.; S. TEMPLEMAN, stealing 4 sovereigns, the property of S. IRISH; J. STRONG, stealing 2 saws and other tools, the property of J. WOOD; T. BREWER, standing indicted for a misdeameanor; E. STRONG, stealing a plane and other articles, the property of J. WOOD, also a hand saw the property of J. PARSONS; W. RADNIDGE, stealing a quantity of barley, the property of W. BOUCHER and C. BOUCHER; J. JOHNS, and W. WYATT, breaking the dwelling-house of J. LANGDON, and stealing a sovereign and other monies; W. GREEN, stealing 3 sovereigns and other monies, the property of J. THOMAS; J. KINGSTON, stealing copper coin, the property of Ann SMART; W. AMES, stealing a waistcoat, the property of C. CLOTHIER; Joanna HOCKEY, stealing a cheese, the property of G. DAVIS; J. RICHARDS, Jane ROGETS, Hannah RICHARDS and T. RICHARDS, standing indicted for an assault and rescue; R. GILLETT, stealing 14lbs, weight of hay, the property of J. BURROUGH; W. BRASS, stealing 4 fowls, the property of W. INNALS, the younger; T. BREWER, stealing part of a saddle, the property of J. BAILEY.
WEDNESDAY. - Baron GURNEY took his seat at 11 o'clock.
The following on the Grand Jury answered to their names: - Hon. Nelson HOOD, Hon. H. HOBHOUSE, Sir A. WOOD, Bart., Sir J. SLADE, Bart., Wm. PALMER, D.D., F. WARRE, D.L., M. BLAKE, M.D., Edw. L. ALBAN, Esq., A. ADAIR, Esq., T. D. ACLAND, Esq., Wm. BEADON, Esq., R. F. BEACHAMP, Esq., T. W. CAREW, Esq., E. J. ESDAILE, Esq., R. G. EVERED, Esq., R. J. ELTON, Esq., C. J. HELLIAR, Esq., R. M. KING, Esq., R. K. M. KING, Esq., J. L. LEE, Esq., C. A. MOODY, Esq., Langley St. AUBIN, Esq., J. NEWMAN, Esq., G. B. NORTHCOTE, Esq., F. POPHAM, Esq., J. M. QUANTOCK, Esq., E. A. SANFORD, Esq., T. B. UTTERMARE, Esq., G. WARREY, Esq., W. J. ALLEN, Clerk, Rev. J. S. COLE, Rev. J. GUERIN, Rev. H. PARSONS, Rev. S. SMITH.
The Learned Judge briefly charged the Grand Jury, observing that the calendar was light, and there were few crimes of enormity. He had looked over the depositions of the two cases of Murder, which, however, from extenuating circumstances in being the effect of sudden passion rather than premeditation, would require the attention of the Jury whether they should be returned as Manslaughter. In one case the inquisition of the Coroner was so badly drawn as to be worthless. After some other remarks, the Learned Judge concluded.
TRIALS OF THE PRISONERS.
Wm. WILLIAMS and Geo. ALLEN, were indicted for stealing on Feb. 15, a great coat, the property of Jacob STOWER of Langport. The indictment stated both the prisoners had formerly been convicted of felony under false names.
Jacob STOWER: - I am a merchant; live at Langport; was lodging there on the 15th February last, at Mr. GILLETT's; had a great coat there; saw it on 15th February last in Mr. GILLETT's house; missed it the same day.
George GILLETT – Lives at Langport; 15th February last was on Langport Bridge; saw prisoners there; WILLIAMS said “here young chap go back for my purse and bring me the money; went back, and when I came out prisoners were gone; went down the street, saw WILLIAMS come out of my uncle's front door with a bundle under his arm; ALLEN was standing near; WILLIAMS laughed and said aye to ALLEN; then I went into my uncle's shop and saw them no more; know the prioners well.
Robert SYMES – Am a pawnbroker at Taunton; was at home on the 15th February; prisoner ALLEN came to my shop with a great coat to pawn; asked him if it was his own; he said it was his brother's who was out of service; he offered to fetch his brother; I said I will not let you go; he went to the door and there was WILLIAMS, he asked him if it was not his coat; he said it was; I delivered them over to the constable; he afterwards confessed they had found it; I have kept the coat every since'
Mr. STOWER produced the coat and identified it.
The prisoners were both found Guilty – transportation for Life.
James RIDLER, was indicted for stealing a larch fir pole, the property of Sir John TREVEYLAN, Bart., on the 20th Feb. at Wellington.
Robert BRYANT – Am a woodman to the prosecutor; on the 20th Feb. went with some one else into the wood to watch to see if any one carried away the wood; we had missed some wood at half-past 7; a man and woman came in and cut off a fir pole; saw prisoner going through the wood with a fir pole; he asked me to say nothing, but to spare him; told him I could'nt. <sic>
Cross-examined:- He was not there long enough to cut it down; found some upon his wife. Witness produced the thickest end.
Re-examined:- This is only part of what I found on prisoner; I cut it off one day last week; know it because I put a mark on it; marked it the morning after I took it away from prisoner.
The Learned Counsel for the prisoners offered no defence.
Guilty – 2 months imp.
Thos. BREWER, was indicted for stealing part of a saddle, the property of John BAILEY, his master, at Langford Budville, on the 5th of March.
John BAILEY, the younger – I am living with my father John BAILEY; prisoner was my father's servant; on the 5th of March saw prisoner coming form my father's granary with the flaps of a saddle; he had them doubled up under his arm; he went into the pound-house, I went and told my father of it, and then asked prisoner for the key of the granary and pound-house; he let me have it; I then went to the granary and looked for father's saddle; at last I found it covered over with two empty hogsheads; the flaps were gone, that is not the place of it.
John BAILEY, sen. - On the 5th of March in consequence of something my son told me, I went to the prisoner's house; I said I believe you have stolen a part of my saddle; he said, no, it was a pair of strides; I then went to the pound-house and found the flaps of my saddle; they correspond with my saddle; believe them to be worth 1s. 6d.
Guilty – 3 months imp.
John LOWMAN, was indicted for stealing 50lbs, of hay, the property of Richard TURLE, of Taunton, on the 2nd Feb.
Richard BRYANT – I work for Mr. TURLE of this place; saw the prisoner take a bundle of hay from my master's loft; did not see any more of him.
James BALL – On Saturday the 2nd of February saw prisoner in Mount Lane, at 6 o'clock in the evening; watched the prisoner to Holway Lane in East Reach; he put the hay under a wall behind the gas-house; I sent for Mr. TURLE; Mr. TURLE came and said he believed it was his hay; we went back to Mr. TURLE's, and saw prisoner; the prisoner said he meant the hay for the cows the next morning; the constable took him into custody.
Henry TURLE – I went with a boy that came to me to Holway Lane, and saw a bundle of hay; I immediately recognized the hay as my father's by the manner in which it was tied; I asked the prisoner what he took away the hay for; he said it was to feed the cows the next morning; I said nonsense; he then said he meant to give the hay to a poor man; he begged me to persuade my father not to proceed against him, as it would be a hard thing for a poor man to be transported for life.
The prisoner had been formerly convicted of felony.
Guilty – 1 years' imp.
Joseph HARVEY pleaded guilty to stealing from the person of Isaac TALBOT one watch, a seal, and two keys – Transportation for life.
Solomon TEMPLEMAN pleaded guilty to stealing 4 sovereigns, the property of Solomon IRISH, - 3 month's imp. Solitary confinement, and once privately whipped.
James EDWARDS, was indicted for stealing a shovel, on the 1st of Feb., of Robert BASKETT, of Thorn Falcon.
Robert BASKETT – On the 3rd of February last was working on the Chard Canal; when I left work, left my shovel on my work; on the Saturday following I missed my shovel; on the 26th I went to a quarry where the prisoner was at work with several others; he directed us where to find the shovel; CURLE, my fellow workman, had missed his shovel also. EDWARDS denied knowing anything about the shovel.
Wm. CURLE – On the 3rd of February was at work on Chard canal with last witness; left my shovel there on the 3rd of February: missed it a few days afterwards; went with last witness to a quarry where prisoner was at work; he directed me where to go for it; he told me he had sold it.
Robert GARDENER – Brought this shovel of prisoner; can't say what day 'twas; I gave it up to CURLE about a week after I purchased it; before I bought it of prisoner I did not hear him say any thing about it.
Guilty – 2 months' imp. once privately whipped.
John KINGSTON, was indicted for stealing a piece of copper and 2s. the property of Ann SMART.
Mary FISHER – I live near Glastonbury; Mrs. SMART lives at Glastonbury; was near her shop on the 22nd of March; saw prisoner there stealing the money; called Miss SMART, she said she came out and searched prisoner.
Ann SMART – I keep a shop at Glastonbury; on the 22nd March last witness called me; I came out and laid hold of prisoner; he had 2s. in silver and other monies in his pocket; this broken penny I can swear to.
Guilty – 3 months' imp. once privately whipped.
Levi CHEATER?, was indicted for stealing a hammer, the propery of S. COX, of Coker.
Samuel COX – Am a mason living at East Coker; lost a hammer from the old workhouse; saw it about a fortnight ago; afterwards saw it in the hands of HOLT the constable; my initials are on it.
Thomas HOLT – On Monday searched prisoner's house and found a mason's hammer in his possession.
Not Guilty on this charge.
The prisoner was also indicted for stealing a large quantity of potatoes, of Mr. F. MURLEY, of East Coker.
Guilty on this charge. Also for stealing a quantity of sacks and other bags, of Mr. Wm. ARNOLD.
Guilty on this charge – 14 years transportation.
Wm. LANGDON, was indicted for stealing at Chiselborough on the 29th October, 2 mares, the property of Mr. S. MURLEY.
Mr. STOCK appearing for the prosecution.
Mr. KINGLAKE for the defence.
James MURLEY – Am son of Mr. S. MURLEY, the prosecutor; on the 28th October took two mares of his to a field called “Brocklow;” went there next day, and the mares were gone.
Samuel MURLEY – On the 29th October found I had lost two mares; in consequence of information received, I went into the stable of a person named LOCKE of Plymouth; saw both of my mares there; one abut 14½ hands high, the other 15.
Wm. LOCKE – Am a horse dealer at Plymouth; was at last Totness fair on the 30th of October; bought three mares there; Mr. MURLEY afterwards owned two of them; bought them of a short thick man; won't say the prisoner is the man; there were two others with the prisoner; one named GILES, and the other they call “Bristol Jack;” don't know his real name.
John COOMBES – Am a constable of Dorchester; had a warrant for prisoner LANGDON: made search for him; apprehended him on the 18th November at Charminster, near Dorset; took him before the Magistrates the same day; on the 24th in the morning he told me that on the 28th October he? me: Wm BETTY, Mr. GILES, and Bristol Jack, and wished them to go to a field in Chiselborough; they went with him and took the horses and rode off to Totnes fair; when they came there they went to an Inn; Mr. LOCKE bought the horse; when the money was paid them they divided the money between them; BETTY had £5 and GILES £5, and when the expenses were paid, the other two were to have the money left.
Wm. MARK – Keep an Inn at Crewkerne; on the 28th October saw the prisoner at the bar and a man called Bristol Jack, GILES and BETTY in my house; I went out; when I returned late in the evening, they were all gone.
Henry MILLS – Am in the employ of Mr. Wm. LOCKE, horse dealer; on Monday, the 29th October, was taking some horses to Totnes fair; on my journey prisoner, Bristol Jack, and others overtook me with three horses, one was a black mare, and two other bay ones; they were going in the direction to Totnes fair.
Joseph BISHOP – Am a farmer living at Chiselborough; have known prisoner at the bar 25 years; he is a blacksmith; never knew any harm by him.
George BISHOP – Live at Middle Chinnock; am a farmer; have known prisoner 20 years; never knew any harm by him; had a great deal to do with him; have lived near him 14 years.
Guilty – 15 years' transportation.
THURSDAY. - James OSMOND, was indicted for the Wilful Murder of Wm. STACEY, in the parish of Milborne Port, by beating and stabbing him, &c.
Wm. BRAKE – Am a laborer living at Milborne Port; in October last was in the employ of Mr. ACTON of that place; prisoner was in the employ of Mr. A. at the same time; we were both employed for Mr. A. on the 25th of October last, together with several others; we were mowing clover with scythes; Mr. ACTON allows us a gallon of liquor a day; there were two bottles; one deceased had, the other the prisoner had; deceased was foreman; we had been working together all the summer; during the course of the day deceased and prisoner were on the very good terms; on the same day, about 4 o'clock; don't think the prisoner was the worse for liquor; left work about five o'clock: prisoner said to STACEY I'll mow with any man on the farm for a sovereign; deceased said it's the wrong time of the year to talk about mowing; when we left work we were picking up our clothes, when prisoner went throwing his scythe over the hedge; I had my little boy there, he said I'll go for your scythe father; my boy went up; prisoner took away the scythe from my little boy, and threw that over the hedge also; he went over the hedge and threw away the blade of his scythe in the brook, and came where we were sitting down having some bread and cheese, with the handle of his scythe: he put it down. He said he had another scythe; we showed him where his scythe was; he took that up also and threw that away; he went for it again, and brought it back and broke off the blade of it; nothing had been said to him up to that time; STACEY then said “Why do you make yourself such a fool, come and have some ale.” He came and sat down, drank out of the flaggon, and threw it away. STACEY called him a fool for so doing. Prisoner then challenged STACEY to fight or any other in the field; STACEY said “You don't mean that?” He said “Yes.” STACEY said I am your man. STACEY jumped up directly and stripped naked all but his trowsers: OSMOND did not take off his shirt; they then went fighting; don't know who struck the first blow; the first round STACEY fell down on his knee and his right hand; I went and catched him up; blood was running down his face; I thought it came out of his nostrils; he asked for a handkerchief; he lent him one; STACEY wiped his face. I said “For God's sake STACEY, don't fight any more.” They got fighting again; deceased said “Farmer, I am done;” his bowels were protruding out on the ground; I said “I'll fetch the doctor;” he said “There were two persons he should like to see particularly.” In half an hour a surgeon came; deceased was lying on his back the same as I left him; I helped him home; prisoner was over by the hedge; had seen prisoner with a knife about two o'clock; I saw prisoner with a knife in his hand.
Cross-examined: STACEY had lived there 16 months; prisoner had lived there little better than 2 years; they fetched two bottles of ale about 2 o'clock; we had some before the prisoner ran backwards and forwards over the hedge three times: I did not laugh, for I did not like to see such things going on; while I was gone for the doctor prisoner was under the hedge; he did not help deceased; he went away; when the doctor came he said the wounds had been done with some cutting instrument.
George HAMLYN – On the 25th October was at work in the field where this happened; heard the last witness give his evidence; believe it is correct.
John NEWPORT – I am one of the persons that was present at the fight; heard the last witness give his evidence; it is correct; after I saw deceased's bowels out, I said you black-guard OSMOND, you have cut out the man's bowels. He said “his bowels are not out any more than your's.”
Wm. BESS – Am a surgeon residing at Milborne Port: on the 25th October last I accompanied witness BRAKE to a field; on arriving at the field I found deceased's bowels protruding on the ground; I put them in, it occupied about 20 minutes; we then took him home, it was about 8 o'clock before we got home; another surgeon overtook us: we examined the deceased, when we found the bowels were reportruding from agitation. Mr. BARRETT replaced them; the nature of the wound was six inches in length across the abdomen; we discovered one on the upper and back part of the left thigh, one under the ribs, one in the side of the neck, one on the left arm, and one down through the face dividing the left side of the nose; a knife would have been likely to do it in the hands of a powerful man; the most mortal wound was that of the belly, that wound with the combination of the other wounds occasioned death; there was a great diffusion of blood.
Wm. BRAKE recalled: They began fighting a little after 5 o'clock; there was a misty rain, and the darkness was coming on quite fast.
John BARRETT: Am a surgeon; attended the deceased as a surgeon; arrived at his house about a quarter before nine; was with deceased before that; examined deceased, there was a wound on the belly, the bowels were not wounded, but the wound divided what we call the front wall of the belly, about six inches in length; saw the wounds described by Mr. BESS, with several others; there were in the whole 15: ten must have been done with a cutting instument: deceased thought himself in danger: I asked him if there was any grudge between him and OSMOND: I think he said there was not any malice between them: witness produced some notes which he took when deceased was dying: deceased said he did not believe James OSMOND had any previous malice against him: the wound on his face could not have been produced by the fist, it must have been a cutting instrument: have not any doubt but that death ensued by the wound on the body done by some cutting instrument.
Wm. CAINE: Am a laborer in the employ of Mr. ACTON: on the 13th December I found a knife in the field about 20 yards from were the fight took place: gave it over to my master.
James ACTON: I received the knife from last witness. Witness produced it.
Cross-examined: About four gallons of ale was supplied to the men the day the fight took place: was not at home that day: always thought prisoner a quiet peaceful man.
R. P. CAINES: I am the coroner; this examination was taken before me; it is the examination of prisoner: which was read by the Clerk of the Court.
Wm. BRAKE recalled: Prisoners clothes were close to our's: close by were the fight took place.
The Jury returned a verdict of Guilty of Manslaughter – 14 years transportation.
John SLAPE, was indicted for stealing a pair of leathern sleeves, the property of George STACEY, of Creech St. Michael, on the 27th February.
Geo. STACEY: Am a laborer residing at West Monkton: on the 27th Feb. was at work in the parish about one o'clock; laid down a pair of leather sleeves; in about a quarter of an hour I missed them; I know the prisoner.
James HITCHCOCK: In March last saw prisoner with a pair of sleeves; gave information of it to Mr. STACEY.
The constable came forward, who stated on the 9th of March last he apprehended prisoner, and took a pair of sleeves from him, which he produced.
Geo. STACEY re-called: These are my sleeves; will swear to them.
Guilty – 1 month solitary confinement.
Ephraim HOBBS, was indicted for stealing some lasts, and some leather, the property of George BOND, of Wincanton.
George BOND: Am a shoemaker at Wincanton; prisoner had been in my employ; I missed some leather; in consequence of information I received had prisoner's house searched; found some leather and lasts of mine; found it in prisoner's workshop. Witness produced it; knew the leather by the particular marks on it; ent <sic> it himself; he produced the last? ? the leather is not in a state for sale.
Guilty – 4 months imp.
Job HODGES, was indicted for stealing, at Mudford, on the 26th of Jan., 36 sovereigns, and other money, the property of James MINCHINTON.
James MINCHINTON: Am a labourer man, residing at Mudford, in this county; previous to the 20th of Jan. last, prisoner was occupying two rooms in my house, one under and one over; before the 20th of Jan. I had put by 36 sovereigns and half, in a canvas purse, in the thatch; at the same time I put £3 10 s in my box: on the 20th of Jan. missed the money in my box; went directly to see if the money was safe in the thatch; on the 27th missed the money in the thatch; spoke of it to the prisoner; he said he was much surprised; he left my house the day after I discovered my loss; he paid his rent, took his goods, and went away.
Cross-examined: He talked of going away to Australia 6 weeks before; prisoner lodged with me 2 years; I put my money in the thatch because I thought it was quite curious --- (great laughter).
John HODGES: Am a brother of the prisoner; recollect the day the prosecutor lost the money; he said he knew where there was some money in his own house; he asked me to keep some money for him; I said I would do no such thing; I told him it was not his own, he had better not have anything to do with it.
Cross-examined: He said he knew for it, I persuaded him not to do it; he said it was on a side wall near the roof; he said he would put a mark on the purse and let it bide 8 days, and if it was not gone then he would think it his own.
Robert FOOKS: Am the Constable of Churchinford; heard on the 27th of money being stolen; on the 28th I apprehended the prisoner; he denied having taken it; I told him what his brother told me about it; he then said, my brother has transported me; he afterwards, that night, ran off to London: he was afterwards apprehended by a London police constable.
Guilty – 15 years' transportation.
Robert MORRIS, was indicted for burglariously breaking and entering the house of John PETTARD, and stealing bread and 1s 5d in money, and beating John PETTARD on the head, at Chard, on the 12th of March.
John PETTARD: I live at Chard; I keep a beer-house; on the 12th of March I got up in the night, about 12 o'clock, and was going to Langport; the doors of my house were all fastened when I came down stairs; I opened them and went a little ways with the lantern; when I cam back I shut the doors and fastened them, and pulled in the string; then I stood still with the lantern in my hand; then prisoner came and broke open the door; only say MORRIS inside; there were more in the entry; I had a hogshead; he upset that, kicked my lantern to pieces, and then struck me on the heard; I cried murder; he went back to the candle; there was some money on the table, 1s 5d; he took the money and a loaf of bread with him; I went out in the lane and heard them going away; know the prisoner; have known him before; that is the man at the bar.
Cross-examined by Mr. BERE: Saw no more than the prisoner in the room; saw several in the entry; prisoner lives at Chard, near me; he has been a married man; he lives with a woman not his wife.
Mrs. PETTARD: Am wife of John PETTARD; on the 12th of March, remember my husband getting up about 12 o'clock to go to Langport; heard some men coming up the lane; then I heard the door break in; I heard my husband cry murder; saw that the door had been broken open; did only see the back of one man; did not know who it was.
Cross-examined: Morris has been in my house several times; never knew him there so late as 9 o'clock.
Guilty – Transportation for life.
John TROTT pleaded Guilty to an indictment for stealing 2 half-crowns, the property of Robt. MONKTON.
Two months' imp.
James TOATEN, was indicted for stealing at Taunton on the 7th of Feb. a watch, seal and chain, the property of Thos. COSWAY.
Thomas COSWAY: I live in St. James's, Taunton; am a smith; on the 7th Feb, last was at the Squirrel Inn, at 12 o'clock in the morning; the prisoner came in after-wards; saw my watch about two o'clock the last time; then fell asleep; don't believe TOATEN was in the room when I awoke; the servant girl brought me a chain: TOATEN was on the other side of the room.
Cross-examined: Don't know how much I had drank before I fell asleep; there were several others in the room; TOATEN came in about one o'clock; am not acquainted with TOATEN: have seen him before; won't say exactly what time I woke up.
Isaac RAWKINS: Am a shoemaker of Taunton; on the 7th Feb. was at the Squirrel about 12 or 1 o'clock; prosecutor was there; prisoner TOATEN came in, he called me out in the yard, and said there would be a watch to spout by and bye for five shillings. I said I did not know of any one in the company who had a watch to spout.
Cross-examined: Did not do any thing after prisoner told me that; COSWAY was on a stool asleep; about 3 or 4 o'clock I spoke of it to all the company when the servant brought in the chain; COSWAY awoke about this time.
Sarah BULPIN: Was a servant at the Squirrel on the 7th Feb. was in the cellar that afternoon; prisoner brought in a chain and seal, told me to put it in my pocket and say nothing; I knew it to be COSWAY's; took it to him; he was then awake.
Cross-examined: seven, eight or nine persons were drinking in the room that afternoon; when TOATEN gave me the chain, I said this is COSWAY's; he said put it into your pocket and say nothing of it; he went directly back to the company; I went directly and gave it to COSWAY.
Abraham WHITWHAM: Am constable of Taunton; took the prisoner TOATEN into custody on the 7th of Feb. I said “Ah, young man, you can't leave off thieving yet?” He said, “What have I done.” I told him he had stolen a man's watch. He said several in the room were as willing as he, he only meant it in a lark, to pawn it and take it out again next day. He mentioned several names.
The constable produced the chain.
COSWAY, the prosecutor, was called, who identified it as his own.
John JENKINS: Am a shoemaker living in this town; he is a workman in my employ; have known him a great many years; always bore an honest character.
Cross-examined: Once heard of his master having put him in gaol for leaving his work.
Abraham WHITWHAM re-called: Known the prisoner ten years; had him in custody once for selling some leather of his master's; he was not then prosecuted, then did not proceed against him. - Not Guilty.
Wm. WYATT, was indicted for breaking and entering the dwelling-house of James LANGDON, of Raddington, on the 21th March, and stealing one sovereign, £5 in silver, and other money.
James LANGDON: Live at Tudworthy Farm, in the parish of Raddington; prisoner was in my service on the 24th of March; left my house on Sunday about half-past two; just before that had seen WYATT with JOHNS; I went to church; was the last person in the house; saw it safe; when I returned about four o'clock the things in the kitchen were tumbled about, I went up stairs, a chest with one sovereign and £5 in silver was broken open, and the money stolen; found a ciphering book with £70 in it safe; on one of the back floors there was a hole knocked through; saw prisoner WYATT that evening; he came home with JOHNS: next morning at breakfast time I asked them I they went to church yesterday; they said they had not.
John FRY: Am a constable of Kingstable; had the prisoner WYATT in my custody on the 25th of March.. I said to him I understand you have the money on the premises? He took me down to Mr. LANGDON's turnip-field, and pointed to the hedge, and said “There's the money.” I said “take it out then?” He took it out, it was one sovereign, six half-crown pieces, and 1d. He said the money was Mr. LANGDON's, that he took it from the drawer up stairs; I went with him towards Mr. LANGDON's house; he said the 1d. Piece he took out of the work-box; when we came to the house I asked him who opened the back door, he said it was JOHNS.
James LANGDON re-called: WYATT stated to me that they had broken into the house; asked them how they did it? WAYTT said JOHNS put his hand into the hold and pulled out the pin; there is a woman lives with me; won't tell you whether she is my wife or not.
Sarah CHIPLEIGH: Was in the service of Mrs. VICKERY of Wiveliscombe: on the 24th of March I went to Raddington church; on the road to the church saw the prisoners WYATT and JOHNS near Mr. LANGDON's house with a bar; it might be about 2 o'clock.
John HODGE: Am a servant to Mr. LANDGON; <sic> on the 24th March went to Raddington church: saw the prisoners on Rubworthy road; they were standing by an hedge looking at Mr. LANGWORTHY; they afterwards passed me.
James HAYWARD: Lives at Bampton; on Sunday the 24th March was near Raddington church; saw prisoners; they were a quarter of a mile from the church: asked them if they were going to church; I said you must make haste prayer has been in a good while; they then ran away as fast as they could.
Guilty – 1 years' imp.
Robert GILLETT, was indicted for stealing 14lbs, of hay, the property of James BURROW, at Ilminster, on the 14th of March.
--- HUTCHINGS: Live with my father-in-law, James BURROWS: on the 14th of March went to watch one of his ricks about one o'clock in the morning; saw a man, he had a lot of reed in his hand: I said “Ah, my man, what are you about Robert?” He asked me to forgive him: he had some reed and hay on the ground; I asked him what he was going to do with it? He said he would not tell any lies, for he was going to carry it home: the day before I put two pieces of paper in the rick.
James HETCHER: Am a constable, prisoner GILLETT was given into my custody; also a small bundle of hay; found two pieces of paper in it.
HUTCHINGS re-called: these are the pieces of paper I put in the rick; my father-law's name is on it.
The prisoner had been previously convicted of felony.
Guilty – 6 months' imp.
Aaron PARKMAN, was indicted for stealing 70lbs. of hay, on the 24th Feb., at Norton Fitzwarren, the property of John CHAPPELL, jun.
James KELLAND: Am a blacksmith of Taunton; on the 24th Feb, saw prisoner in North Town with a bundle of hay; watched him to see where he carried it; he took it to a stable called Bartlett. I asked him where he got that hay? He said he found it on the Canal; had him taken into custody.
John CHAPPEL, jun.: Prisoner worked for me on the 22nd Feb.; on the 24th last witness came to me with a bundle of hay; matched it with my rick, the hay matched exactly; said to prisoner you are here at last? He cried and asked me to forgive him; saw some footmarks through my barton, prisoner's shoes matched exactly. Guilty – 6 months' imp.
Mary Ann JONES, was indicted for stealing from the person of Charles TOTLY, on the 3rd of April at Taunton, a purse, 2 sovereigns, and 19s. in silver.
Guilty – 7 years' transportation.
Wm. OATEN and J. HYDE, were indicted for stealing three turkeys, the property of T. THOMPSON, Esq., on the 19th February, at Pitminster.
Betty OATEN: Am the wife of Isaac OATEN; live at Pitminster; am poulty woman to the prosecutor, at Poundisford Park; saw three turkeys of his at 10 o'clock on Monday morning, at 8 o'clock the following morning I missed them; saw some wings that the constable had, and they correspond exactly with those missed; know the prisoners, they live about a mile from Poundisford Park; prisoners had worked there.
Thos. GODFREY: Live at Pitminster; am bailiff to Mr. THOMPSON, of Poundisford Park; on Tuesday, 20th February, went to the orchard where the turkeys roosted, saw some footsteps there and turkeys feathers; prisoner had worked at Poundisford; on account of information went to HYDE's; soon as I came the daughter went away; sent for a tithingman and went to OATEN's house, and searched it; found between the bedstead and bedding, two turkeys, they were picked and warm, and the heads and feet gone. Mr. BICKNELL then went away in search of OATEN; I went to the Crown Inn, and there saw both prisoners with the tithingman; we examined OATEN's shoes, and they corresponded with the footmarks.
Richard BICKNELL: Deposed to going to HYDE's house, HYDE told him he was welcome to search the house; he searched and found four pieces of turkey under the bed, without any bone; went into a place where there was a bag of potatoes, upset them, and there found some feathers; I then went to OATEN's and found two turkeys, picked and rather warm, and a wing on the mantle piece.
Betty OATEN, recalled: These feathers are like the turkeys that were missed at Poundisford Park.
Guilty --- 4 months imp.
Wm. HILL and Isaac HILL, were indicted for stealing nine fowls, the property of John HOLBROOK, of Trustove, on the 9th of March.
John HOLBROOK: Lives at Trustrove, near Bristol; on Saturday morning last I lost nine fowls from my cow-house.
George YATES: I was called out on Saturday morning; went about half-a-mile on the road and met the prisoner; I asked him from he came with a basket of fowls; asked him if he had any friends in Bristol, he said he had a mother; I went to his mother's house, and found Wm. HILL there, and found two baskets under the staircase; there were four hens and a cock in them.
Guilty --- 7 years trans.
FRIDAY. - John SHARMAN, Charles GODDING, Ezekiel STRONG, John ROWSELL, and Leah DIBBLE, were indicted for stealing, on the 8th of February, two fowls, the property of Wm. FORD, of Monckton.
Wm FORD, called, said he saw the fowls safe on the 7th, and on the 8th missed them; knew prisoner STRONG.
J. COOK, a tithingman of Taunton, deposed to finding two fowls in SHARMAN's house, up-stairs; SHARMAN's clothes was very wet; it was a very wet morning; the fowls were quite warm; their necks were broken.
Mary WARREN: I live with prosecutor; I had charge of the fowl, saw them safe on the 7th of February, on the 8th, about 7 o'clock in the morning, went there to feed them, the place was broken open, and five fowls and five ducks were gone.
[The constable here produced one of them, and witness identified it by it's having 5 claws on the left foot and a very remarkable topknot.]
Hannah POOLE: I live in North Town; GODDING came to my house and asked to let a bag remain there; I refused him; he asked me to see if KELLAND was coming; I looked out and saw he was not, and told him so, he then went away, I saw no more of him.
Guilty --- HURMAN, trans. for life; STRONG, 7 years trans.; ROWSWELL, 7 years trans.; DIBBLE, 6 months imp.; GODDING, not guilty.
Ezekiel STRONG, was indicted for breaking and entering the house of John WOOD, and stealing 2 saws, chisels, and other things at Staplegrove; and John STRONG for feloniously receiving the same, knowing it to be stolen.
John WOOD: Live at Staplegrove, on 13th of March, left my shop safe; next morning found it broken open; the window was open, with merely some boards placed against them; saw the footsteps of three persons near the shop; missed thirty-three articles among it a saw of my sons; went to the house of John STRONG and asked him to let me see a plane, because I understood he had it; he let me see it; he said he had it at YAWES; went with a constable to YAWES house; afterwards went to WELSH's.
Cross examined: John STRONG is a labouring man; he has noting to do with planes or saws; he works for the farmers.
John WOOD jun.: am son of last witness; missed a saw in March; it was in my father's shop among his goods; I work for my father; the constable produced the saw, and witness identified it as his.
Edmund WELCH: Live at Rowbarton, near Taunton; E. STRONG worked with me in April last; brought some tools at my house; they stayed there till last March, shortly before STRONG was taken into custody; let J STRONG have them shortly before he went up to the prisoner to see his brother; he told me that Ezekiel his brother, had desired me to let him have them; it was a spokeshave, plane, two borers, and a drawing knife; my wife gave up two duplicates to him; dont know how they came to my house; E. STRONG has brought a saw to my house; believe this is it; saw remained at my house from April until October.
Sarah YAW: Live at Taunton; recollect STRONG's leaving leaving a plane at my house shortly after Christmas; it remained there about a month; John STRONG came for it and said it was I let him have it.
J. KALLAND: On Thursay the 14th of March, went with WOOD and LILLYCRAP to John STRONG's; asked him if he had the tools that WELCH delivered to him; he at first said no; he afterwards said he had; he said he had them of Ned WELCH, and asked me to say nothing; it was a spoke shave, plane, borers, hatchet, drawing knife, and other things; [witness produced them] he said he buried them in the garden, but it would be hard to hang his own brother; he also delivered up a pawn ticket for a saw; myself and the two WOODs went to Mr. DAY's and took out the saw on the ticket.
Eliza YAW: WELCH's wife is my aunt; recollect E. STRONG's sending me to Mr. DAYS to pawn a saw for nine pence; don't know exactly how long ago.
John BULT; my father is a large farmer residing in this neighbourhood; prisoner has worked for my father 5 years all but a week; he always bore a very honest character.
Guilty. - Ezekiel STRONG before convicted, transported 7 years, to begin at the end of the other term. John STRONG, 14 days imp.
Wm. AMES, was indicted for stealing a waistcoat, the property of Cary CLOTHIERs, at Castle Carey, on the 26th of March.
Cary CLOTHIER: Live at Castle Carey; on the 25th of March prisoner lodged with me; on the following morning missed a waistcoat from my room; prisoner goes through my room to go to his; prisoner left my house before I missed it.
These was another witness in the case, but he could not be found.
The prisoner was of course acquitted.
Wm. MEADE, was indicted for feloniously receiving one child's frock, the property of James CHAPMAN, at Taunton, on the 11th of Jan.
Charlotte CHAPMAN: My father, James CHAPMAN, is a shoemaker, living at Taunton; in the beginning of this year prisoner asked me if I had some old things; he said he wanted a frock, peticoat, and pair of stockings; this was in his house; I said I would see; I took him a pair of stockings; I took him a frock at seven o'clock in the morning; I said you many have this if you will give me 2½d for it; he gave me 1½d for it; I said, put it in the box; his little girl afterwards wore the frock.
James CHAPMAN: Am father of last witness; a shoe-maker of Taunton; living near prisoner; on the 20th of Jan. missed a frock; on 21st prisoner's child wore the frock in my house; afterwards summoned him before the magistrate for receiving the frock; after I summoned him he wanted to make it up; I said, I am determined to punish you; (witness produced the frock;) he brought the frock back to me after he was summoned.
Mary Ann CHAPMAN: This is the frock that was lost in Jan. last, and that prisoner brought back after he was summoned.
Mr. Oliver LEIGH gave prisoner an honest character; had known him 8 or 9 years.
Mr. DAVIS had known prisoner 20 years; gave him an excellent character.
Guilty – 1 years' imp.
Jonathan PALPEY and Wm. PALPEY, were indicted for stealing a sheep, the property of John WEST, on 11th of Jan., at Cheddon.
John WEST: Am a farmer; lost a sheep on the 11th of Jan. from a field; found the skin there and the entrails in it.
A. WHITWHAM: Am constable; went to the house of the prisoners at Cheddon; told them I had a warrant to search the house; saw a pot on the fire; asked what was in it; she said turnips; I said I wanted to find a bit of mutton; when I had been hunting awhile, she said there was a bit in the bottom of the pot; it was a leg, and did not seem to be cut by a butcher; found a pair of cord breeches; she said the blood came about them while prisoner and William were killing a neighbour's pig; took young PALPEY into custody; went a little further to look for the father; found him; asked him if he had any mutton in his house; he said there had been none in his house for a week; asked him if he had been out Thursday night; he said he nor none of his family had; the mutton, compared with the skin, matched exactly.
Aaron SMETHSIN?? corroborated the last witness's evidence.
Ephraim LARTON; Live in West Monkton; know where prisoners live; about 4 o'clock in the morning of the 11th of February was passing by the house saw a light in the house.
John KNOTT: I am a butcher, living at Taunton; have been a butcher 25? years; saw some mutton produced before the magistrates, and also a skin; observed that the skin was not taken off by a butcher.
Thomas NATION, a butcher, was called: have been a butcher for 25 years; saw the skin and meat before the magistrates, there was a deficiency in the meat, which was left on the skin; I believe the meat to have come out of the skin.
Not Guilty.
Charles CHICK, was indicted for feloniously wounding John MITCHELL on the head, on the 22nd of February, at Ilminster, with intend to do him some grievous bodily harm.
John MITCHELL: Lives at Ilminster; am in the employ of Messrs. WHITMASH and Co., looked after the van on the night of the 22nd of February; our stables are about 20 yards from CHICK's house; about half-past 11 o'clock I went up the lane, placed a bar I had against CHICK's house; it struck fire; CHICK was near. He said d---n your eyes why do you place your d—d bar there? I said I did not think it was any harm. He knocked at me with his fist, and said God d—n you I'll fetch my gun for you; he brought out the gun, and I ran away as fast as I could; in about five minutes I came back again; he said d—n your eyes you b—r I'll kill you; he knocked me on the arm with the small end of the gun; I cried murder as loud as I could; he then struck me on the head, cut my head, and I fell to the ground; did not know what happened afterwards; I bled much from the wound in my head; Mr. BARNARD, surgeon, came to my assistance; I am disabled to this day.
Cross-examined: Knew CHICK before this; he was never over kind to me; when this took place I was not the least tipsy; I fell at the second blow, and his gun broke in two; was afterwards conveyed back to the stable; I afterwards walked home, about 500 yards, with two helping me; never said I would make it up for £5.
---- BURNARD: Am a surgeon, living at Ilminster; on the 22nd February heard a cry of murder near my door: I went out to see what it was; found MITCHELL lying on the pavement not far from CHICK's; I said it was impossible to see what was the matter there; I took him to the stable, found two wounds on the head, the temporal artery was divided by one of them; I remained with him about 40 hours; I thought he was in danger; I attended him professionally ten days.
Cross-examined: Know prisoner very well; he has always been a peaceable man when not under the influence of liquor; do not know any person more violent than prisoner when in liquor.
Mr. BERE addressed the Jury at great length in favor of the prisoner.
Guilty of an assault – 6 months' imp., and at the end of the term to enter into recognizances for three years, himself in £200 and two others in £25 each, and not to be liberated until that be found.
The Learned Judge charged Mr. GANE not to let him get tipsy during that term.
Thomas WEST, nine years of age, pleaded guilty to housebreaking – 1 week imp. and privately whipped.
--- CANE, was indicted for stealing two fowls and one faggot of wood, the property of John Hope DOWN, on Tuesday last.
Witnesses were called who stated to finding the property on him. Guilty – 7 years transportation.
Wm. BRASS, was indicted for stealing three fowls, on the 29th of March, at Lyng, the property of William INNALS, jun.
Wm. INNALS: Live at Lyng; on the 28th had some fowls at Mr. LANG's; next day missed 3 hens and a cock.
John LANG: Saw Mr. INNAL's fowls safe on the 26th at my father's barton; saw them again on the Saturday in the hands of the constable; they were the same fowls.
Samuel HURFORD: Am a constable at Bridgwater; in consequence of information received, went to prisoner at Mr. MOORE's, a beer-house; MOORE said he bought the fowls of prisoner; prisoner said that he and his brother bred them. Witness produced the fowls.
Wm. INNALS and John LANG identified the fowls.
Wm. MOORE: Keeps a beer-house at Bridgwater; prisoner came there on the 29th of March; bought three fowls of him; gave prisoner into the custody of a constable; the prisoner told me that he and his brother bred the fowls.
The prisoner had been before convicted of larceny under a wrong name.
Guilty – Transportation for life.
Wm. GREEN was indicted for stealing from the person of James THOMAS, on the 26th of March, at Axbridge, three sovereigns and other money.
James THOMAS: am a cooper; live at Axbridge; on the 26th March received £4 of prisoner about 5 o'clock in the afternoon; after that we went to a beer-house kept by STOCKHAM and had something to drink together with another man who was present at the deal; I had sold him a little garden; while I was sitting in the chair I dropped away; did not come to myself until next morning, when I found that my money was gone.
Ann WEBB: on the 26th March were at STOCKHAM's; saw last witness and prisoner there; other men were there; Thomas became very drunk and offensive; the land-lady had him taken out; prisoner and another man helped him out in a back room; saw prisoner take his hand out of prosecutor's pocket and heard some money jingle; it was in GREEN's hand; I said don't take the man's money; he left the room immediately; went into the room where the others were and saw him show some half-crowns to his wife; went and acquainted the landlord of the house of it; prisoner and his wife left the house with her mother about five minutes after.
James COOMBS: was at the beer-house on the day in question; am the constable of Axbridge; was passing the house between 8 and 9 o'clock; in consequence of what I heard I went in; they were carrying THOMAS out behind; searched THOMAS; he had but two sixpences about him; went in the tap room, charged some one in the company with knowing something about him; Ann WEBB said she did; took the prisoner GREEN; searched him and found 4s. about him.
John DOWNING: was at Stockham's house on the day in mention; THOMAS became offensive; self and GREEN took him into the backhouse; in the backhouse saw GREEN's hand near THOMAS's pocket; did not appear to be doing anything with his hand; Ann WEBB said GREEN had robbed the man; we then lost sight of GREEN.
James COOMBE: was with GREEN and THOMAS when they proposed to go to a public-house; went with them; THOMAS payed 6d. for drink: I went away before THOMAS became so offensive; have known prisoner several years; he always bore a good character. Not Guilty.
Wm. VICKERY, Jerry McCARTHY, and George ROGERS were indicted, VICKERY, with stealing 50 pounds of Wool, on 28th February, of Richard DUNN, Wiveliscombe, the others with feloniously receiving the same knowing it to be stolen. VICKERY pleaded Guilty.
Richard DUNN: Deposed to missing about 50 pounds of wool on 28th February; searched McCARTHY's house, and found a lock of black wool; they searched VICKERY's, but found none; ROGERS trade is in wool; searched his house and found about 2 cwt altogether; the wool that was mine, was mixed up with an inferior sort; he said he bought it of two Irish-men.
HOWEN: constable of Wiveliscombe, produced the wool that was found at ROGER's house.
Richard DUNN: believe this to be my wool; it corresponds exactly with what I have home; witness produced the flock of wool that was found at McCATHY's.
Cross examined: known ROGERS about 23 years; always thought him a harmless inoffensive man.
Mary MILLETT: I lived with the prisoner at Wiveliscombe; recollect the inquiry about Mr. DUNN's wool; in the night I heard CONWAY call VICKERY; he went out; when he came back he said CONWAY asked him if he had any wool; on the Saturday after when I got up saw some wool; on the Monday after CONWAY came after VICKERY; he did not tell me any thing then.
John PAYNE: Am Clerk to the magistrates at Wiveliscombe: took down the examination of VICKERY; it is signed by him.
---- BUCKNELL: Am a carrier; have known the prisoner McCARTHY six or seven years; he always bore an honest character.
George ROGERS, Not Guilty. VICKERY and McCARTHY, 14 years transportation.
Charles ADAMS, was indicted for stealing a pistol, the property of Isaac BAILEY, of Spaxton, on the 8th of October, 1834.
Isaac BAILEY: In the year 1834 was in the West Somerset Yeomanry Cavalry; on October 8th in that year lost my pistol about 3 months; had a warrant against prisoner, could not find him, he absconded; my pistol was kept in a close cupboard in the kitchen.
Joseph WOODROW: am game keeper to Mr. LABOUCHERE; on 8th October 1834; was in the plantation; there was a gin there with a pheasant in it; prisoner jumped over the hedge; I ran to him; he offered to fire the pistol at me; we struggled; I took the pistol from him.
The prisoner was also indicted for stealing a bisgay 18th March last, of Joseph STEVENS of Over Stowey.
Guilty on both charges – 14 years transportation.
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NO BILL. --- George POOLE, for larceny; Joseph JOHNS, for housebreaking; William LELLEY, for larceny; William WOOD, and Richard MILVERTON.
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NISI PRIUS. --- WEDNESDAY.
GALE v. HYATT. - Plaintiff's Counsel Mr. ERLE and Mr. BERE. Defendant's Counsel Mr. Serjeant BOMPAS and Mr. BALL. Defendant's Attorney Mr. HYATT.
This was an action to recover the amount of a Surgeon's bill. Mr. ERLE stated that the action was brought for medical attendance on the son of defendant, who was keeping his Terms at Oxford. In April 1835, the father and son were returning in a gig from Bath, when they were thrown out and the son received a compound fracture of the thigh. He was taken to the house of his brother, the defendant's attorney, who sent for Mr. GALE, and the accident being very serious, Mr. GALE and Mr. MARSHALL (who was the father's surgeon) attended on him together for some months, and the latter for two years. Mr. GALE tried a plan recently employed with success in France, namely, inclosing the leg in a case of plaister of Paris, which united the broken limb, and for this attendance he had charged £29 5s. Mr. HYATT sen. Refused to pay Mr. GALE because he had paid Mr. MARSHALL £230 for the attendance on the son, and £20 for the attendance on himself.
Robert BARTLETT: Know defendant and his son; remember an accident happening to them; Mr. HYATT the Attorney requested me to go to Mr. GALE and ask him to come to see George HYATT, who was very ill at his brother's house; he was then about 21.
Cross-examined by Mr. Sergeant BOMPAS: I am an articled clerk to Mr. MITCHELL the Attorney; my father is a druggist; was not at Thomas HYATT's that night; I understood that Mr. MARSHALL was in attendance on Mr. George HYATT at the time I sent to Mr. GALE; won't swear that Mr. Thomas HYATT was not with me; saw Miss GALE; went to Mr. WEST's, another surgeon, at Shepton; it was about 7 o'clock in the evening.
Re-examined by Mr. BERE: The message was that he was to go to see Mr. HYATT; I thought it was the father.
Mr. MARSHALL: Am a surgeon at Shepton Mallett; was sent for to Mr. G. HYATT, Jun. whose thigh was protruding through the trowsers; he appeared glad to see me; his head was fractured; on the following morning met Mr. GALE at the house; had not seen him before nor sent him any message; he continued in attendance from that time; it was unquestionably a case requiring two medical men. It was difficult to keep the fractured bones together from the great irritation of the muscles; 2 other surgeons were sent for while we attended; amputation would have been necessary had not some means been discovered for keeping the limb still; Mr. GALE suggested putting the limb in plaister of Paris; had never seen the experiment tried; Mr. GALE prepared it; the first time it did not succeed; the second time it was tried the limb was effectually fixed; the irritation was much allayed, and, ultimately, the limb was saved. Mr. George HYATT resided at his brother's 3 or 4 months, and afterwards was taken to his father's house, and Mr. GALE continued to attend him. Had been there before Mr. GALE; had often heard defendant say, “Wait till Mr. GALE comes to assist you.” Mr. George HYATT, Jun. had always lived with his father as part of his family; never sent for Mr. GALE, nor requested him to attend on my behalf; my bill was £230 for the son; in this nothing was included for Mr. GALE.
Cross-examined by Mr. Sergeant BOMPAS: Should say that Mr. GALE had applied for his bill before the dispute between Mr. HYATT and myself: It was Mr. F. GALE, who suggested the plaister of Paris; Mr. GALE and Mr. WEST were there when I was first called; do not know that they had charged nothing for their attendance; never asked Mr. BUDEN, of Wells, to attend; he might have gone with me to the house to see the patient; can't recollect whether my brother went with me to to see the patient; Mr. GALE's brother went two or three times; frequently attend for Mr. GALE when he is out; when we meet in consultation we invariably make a charge; never asked him to assist me without charge, except with paupers. Mr. GALE attends for me; never told the HYATTS; nor anybody to send for Plaintiff when I was absent; met Mr. BURROUGH at the house on the evening of the accident; he was not there for me once when I was absent; Mr. WALLACE never attended; paid Mr. Richard SMITH for coming from Bristol to see the patient; my first demand was a lumping sum of 250 guineas; began my visits in April 1835, and continued them regularly till December 1836; After December 35 saw him twice a week.
Re-examined by Mr. ERLE: Mr. F. GALE attended to assist his brother in applying the plaister of Paris; he had used it before in his own practice.
Harry RUSS: Live at Castle Carry; had a conversation with Mr. HYATT relative to the dispute between him and Mr. MARSHALL; he said the latter had delivered a most shameful bil; he would not pay it, but would stick it up in his window; I said, a great cure had been effected and he'd better pay it; he said he didn't give credit to any medical men, they had tried French experiments and had done no good – if credit was due to any one, it was to little GALE. He also said that MARSHALL always came drunk; he said that MARSHALL's bill was not all, there was GALE's and SMITH's beside.
Cross-examined by Mr. Sergeant BOMPAS: This was at the George Inn, in the evening.
Farnham FLOWER, examined by Mr. ERLE: I am a surgeon at Chilcompton; was called in to attend a consultation with Mr. GALE and Mr. MARSHALL on Mr. HYATT; saw him 6 or 7 times; was there when the plaister of Parish was applied; it was an accident of unusual severity; have great doubt whether the limb could have been saved by ordinary splints; Mr. HYATT paid me; Mr. GALE met me as a professional man, and consulted with me like Mr. MARSHALL. This was the Plaintiff's case.
Mr. Sergeant BOMPAS opened the defendant's case. Their defence was that the charge of MARSHALL for the attendance and cure comprised the charge of GALE, who attended for MARSHALL.
W. HYATT, examined by Mr. BALL. - Am an attorney at Shepton. On 2nd April, 1835, my brother was brought to my house injured; I was not at home then; when I returned I found Mr. MARSHALL attending him. Mr. M. asked me where my father was, and then said “go and get Mr GALE or some one else to see your father for me until I shall be enabled to leave your brother;” MARSHALL had been our family surgeon for many years. I went to Mr. GALE's; saw Mr. BARTLETT, the first witness, in the market place; he went with me; we saw Miss GALE; inquired if he was at home; he <sic> said he was not; left no message for him; BARTLET could not have delivered any message at GALE's without my hearing it; no message was left by either of us; did not see GALE at my house on the 3 following days; never requested GALE to attend; first saw GALE on the Sunday afternoon; had seen MARSHALL several times on the Friday and Saturday; GALE was not then attending with him; he came on Sunday morning with MARSHALL; MARSHALL had no pupil; was present when Mr. FLOWER was called in by MARSHALL by order of my father; remember MARSHALL's requesting me to go to GALE; he told me he was going from home for the night, and if anybody was wanted, I was to send for GALE, he had requested him to attend for him; he often made the same observation; never heard of any demand having been made by GALE till after MARSHALL's bill was disputed.
Cross-examined by Mr. ERLE: Have been in practice 5 years; heard of MARSHALL's demand the day it was brought; do not know of any written applications for his bill from GALE till last year; did know of two bills, but meant to conceal it for the moment; am aware that it is the duty of a witness to tell the whole truth as well as the truth; never saw GALE there without MARSHALL.
George HYATT, examined by Sergeant BOMPAS: Am the son of defendant, and met with the accident; first recollect seeing GALE with MARSHALL when they put on the plaister, about 10 days after the accident; never saw GALE there without MARSHALL; remember MARSHALL saying he was going out of town, and if any surgeon was wanted, we were to send to GALE and he would come; MARSHALL frequently came without GALE; on such occasions my brother and others assisted him to dress the leg; I never gave directions nor heard any of my family request him to come; several surgeons came with MARSHALL at different times; remembers Mr. BULLEN, and others coming with MARSHALL; never heard of any application by GALE till after MARSHALL's bill was delivered.
Cross-examined by Mr. ERLE: GALE saw me once or twice a week during the time I was at my brother's; GALE saw me once a week at my father's; am keeping Terms at Oxford; have been in the habit of going to parties where there was dancing since the accident; have walked through several quadrilles; have waltzed occasionally.
Re-examined; My knee is perfectly stiff; can't bend it at all.
Samuel KEAN: Am a smith at Shepton; was present when the accident happened; by Mr. HYATT's request went to MARSHALL, and remained at HYATT's 3 hours; did not hear the name of GALE mentioned during that time.
G. F. BURROUGHS: Am a surgeon at Shepton; was at HYATT's on the the day of the accident; MARSHALL was there; a portion of the skull was removed; I assisted; was afterwards called one evening when MARSHALL was out of the way; have made no charge, because it was not my patient; medical men often assist each other; should not hesitate to ask a medical man to go with me, but not for a continuance.
Mr. ERLE replied.
The Learned JUDGE summed up, and the Jury, after a short deliberation, returned a verdict for the Plaintiff, Damages £29 15s.
NETLEY v. SINGLETON. - Plaintiff's Counsel, Mr. ERLE and MR. BERE; Plaintiff;s Attorney Mr. CLARKE, of Chard. Defendant's Cousel, Mr. COCKBURN and Mr. Edwards; Defendant's Attorney, Mr. EAST, of Chard.
This was an action of trover, brought to recover the value of a tree – the defendant's title to the land being the real matter in dispute, and by the form of the pleadings the defendant was permitted to open the case.
Mr. COCKBURN said, that the defendant, with many others, had erected upon a waste moor, in the parish of Chillington, a cottage, in which he had lived unmolested, and brought up his family. The land had originally been given to the father of the defendant, for that purpose, by the father of the present plaintiff, and the defendant had taken it from his father, erected a cottage, and lived their unmolested; the plaintiff's agent had actually registered the defendant as a freeholder, and appeared at the Barrister's Court to support his claim, as such had brought him to the poll, and now that his vote was no longer wanted it was sought to deprive him of his cottage, and to deny the freehold they had themselves established. The learned Counsel concluded an eloquent address with some strong remarks on the cruelty of this proceeding.
The case having gone off on a point of law, it is unnecessary to recapitulate the evidence which went on the part of the defendant to shew that he had possessed the land for more that 20 years; and on the part of the defendant that 20 years had not elapsed since he first took possession of it. But it was ultimately decided by the production of a marriage settlement of Mr. NOTLEY, the father of the paintiff, whereby the moor in question was settled in remainder, and by the recent statute then of adverse possession does not begin to run till the remainder took effect, which in this case it did not till 1831.
Mr. COCKBURN made a most eloquent, and as the learned JUDGE well termed it, a powerful reply in support of the defendant;s claim to a freehold, and he objected to the settlement that there was not a sufficient description and identification of the property.
The Learned JUDGE having summed up, the Jury, after a short consultation, returned a verdict for the Plaintiff damages 1s.
The Court then adjourned at 7 o'clock.
THURSDAY. - HARWOOD, ASSIGNEE v. BARLETT. - Plaintiff's Counsell, Mr. EARLE and Mr. BOTT: Defendant's Counsel, Mr. Sergeant BOMPAS and Mr. BARSTOW.
This was an action brought by the Assignee of a Bankrupt, to recover a considerable sum of money alleged to have been paid by the Bankrupt to the defendant by way of undue preference, after the act of Bankruptcy had been committed. The case occupied several house, and is wholly without interest to the public. Ultimately the Jury found a verdict for the defendant.
FRIDAY. - SHATTOCK v. MIDDLETON. Plaintiff's Counsel, Mr. ERLE and Mr. CAREY; Plaintiff's Attorney, himself: Defendant's Counsel, Mr. Sergeant BOMPAS; Defendant's Attorney, Mr. OXENHM?.
This was an action to recover the amount of the plaintiff's bill, who is an Attorney.
Henry Charles TRENCHARD: Defendant came to my office and said he had been to Mr. SHATTOCK, who was his Attorney, about a Bill of Sale, and Mr. S. had referred him to me. He brought me a letter (the letter was a request to Mr. TRENCHARD from Mr. SHATTOCK to act for him during his Illness). Defendant consulted me about a Bill of Sale; asked particularly about it, and was told that a verdict had passed against George MIDDLETON at the last assizes; said I would consent to act for Mr. SHATTOCK till he recovered; advised him what to do; told him he could communicate with me by letter or message, which he agreed to do; received them from defendant sometimes through the son, sometimes by the wife; plaintiff afterwards recovered, and then conducted the business himself; he consulted me occasionally; as his agent, went to Bridgwater and saw defendant, and had a conference with respect to the business; have no claim myself on defendant; look for payment to plaintiff. Witness proved several items on the bill.
Cross-examined by Mr. Sergeant BOMPAS: All my communications were sent to Mr. John MIDDLETON. The letter produced was sent to George MIDDLETON, but it is not charged in the bill; when I wanted to send messages to the father I sometimes wrote to George; one STONE came first to me, and then brought John MIDDLETON. The first charge in the bill is for attending STONE and MIDDLETON together; there is but one letter in the bill charged to John that was written to George; John came once to my house in a gig with Mr. SHATTOCK.
Re-examined: Advised John MIDDLETON to take possession of the goods immediately, and not to quit.
Joseph WHEELOCK: Am managing Clerk of CLOWES and Co., Agents of plaintiff; several proceedings were taken on the part of MIDDLETON, under the Interpleader Act; the business against which my initials are set in the bill were transacted by me; most of the charges are for business affecting John MIDDLETON.
Mr. Sergeant BOMPAS, in defence, contended that the Bill of Sale was so negligently and unskilfully advised by Mr. SHATTOCK as to be worthless, and therefore he was not entitled to costs occasioned by his neglect.
George MIDDLETON: Am son of defendant; was living at the Mansion House Inn, at Bridgwater, at the date of the Bill of Sale; it was drawn by plaintiff on my application; no money was paid at the time; it was stated to defendant that I wanted the Bill of Sale because I expected an execution by Mr. PINCHARD, at the suit of GALE and others; £340 was inserted because the goods were appraised at that; there was a previous debt to my father of £200, but no money was paid at the time. Mr. SHATTOCK told us that the Bill of Sale would stand good, and it was all right; nothing was said by him about my father's remaining in possession; I remained in possession; paid £4 for it myself: afterwards saw Mr. SHATTOCK and Mr. TRENCHARD about it several times; plaintiff being ill lent me his horse and sent me to Mr. TRENCHARD; he advised me to go to Mr. PINCHARD and make an arrangement; that Mr. P. knew there was a Bill of Sale, the validity of which was certain, and he should not trouble any farther about it: these communications with Mr. SHATTOCK and Mr. TRENCHARD were on my own account, and not on my father's. The goods were sold under the execution.
Cross-examined by Mr. ERLE: My father had lent me money at different times, had money of my own to set up business with; had saved it; he used to lend me his waggon and horses to do business with: I used to keep sheep on the hill; had saved more than £10 before I married; had about £50 in cash from my wife; the farm I took of Mr. COLLINS was 40 acres, with a nice house; the furniture was my own; my rent was £72 a year; my furniture was worth £100; my father gave me no assistance. When I went into the Mansion House my father paid £50 for beer, £50 for malt, two £30's to put in my pocket, and hay, straw, and cider, £12 to pay Mr. HOUSE, a Bill on the bank for £17, and money at other times; made no account with my father before the Bill of Sale was signed; went to Mr. SHATTOCK to secure to my father the debt due to him; the debt was about £200; made up an account with my father, which I shewed him; can't say whether I shewed it to Mr. SHATTOCK; the account is dated the 26th of April; I went to plaintiff before that; made no account with my father before I went to Mr. SHATTOCK: the account produced was made before the Bill of Sale; may have said in presence of Mr. RUSSELL that I owed my father more than the amount of the Bill of Sale.
Ann MIDDLETON, wife of the last witness, corroborated his evidence.
Mr. ERLE replied.
The Learned JUDGE having summed up, the Jury returned a verdict for the plaintiff, Damages £35?.