Taunton Courier 04 Jun 1862 Taunton Guildhall includes Charge of Assault Philip MALE and Jane OATEN Stealing from Samuel OATEN at Pitminster

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Taunton Courier and Western Advertiser Wednesday 04 Jun 1862

Page 7 Column 4


TAUNTON GUILDHALL.

WEDNESDAY, May 28: Magistrates: H. BADCOCK, F. B. DOVETON, W. E. SURTEES, Esqrs., and the Rev. W. J. ALLEN.

A SERIES OF THEFTS. - John TOZER was charged with stealing a pockethandkerchief from Mr VICKERY, of the Britannia Inn, on the 24th. - Prisoner went to the Britannia Inn, on the evening of the 23rd and lodged there for the night. On the following day the handkerchief was missed, and afterwards found in prisoner's bag. On being charged after he was in custody the prisoner said it must have been put there. - The prisoner was then charged with stealing 5lbs of pork at the Dolphin Inn, the property of Richard POPE. - The prisoner was at this house on the morning of the 24th, and while Mrs POPE was absent from the kitchen he made off with a piece of pork which was hung up there. The pork was afterwards found in prisoner's bag at the Britannia Inn, and on its being produced by the police, prisoner said he had bought the pork at the market. - Another charge, that of stealing a razor, was then preferred by Thomas WARD, of No. 3, South-street. - The prisoner pleaded guilty to each charge and was sentenced for the first offence to seven days, for the second twenty-one days, and for the third for seven days with hard labour.

CHARGE OF ASSAULT. - Philip MALE, a dealer in fruit, &c., was charged with assaulting James WADHAM, a hawker. - Mr TAUNTON appeared for defendant. - Complainant said that on Friday night last he was at the Rising Sun. MALE, who was present, asked him for some money that he owed. Complainant said that he could not pay him then, but woulddo so as soon as he could. MALE said, “Don't you intend to pay me?” and kept repeating the question. Complainant then said, “If you think I don't intend to pay you, you had better put me in the County Court.” Defendant then came up to him and struck him several times, from which he suffered some days, and had hardly been able to do anything since. - Mr TAUNTON said that there was no doubt an assault had been committed, but there was an amount of provocation which the Court should take into consideration. He called Charles James RUSSELL, the collector of the market-tolls, who said that the defendant did not strike complainant so many times as complainant stated, and that when MALE asked for the money, complainant replied, he had better put him in the --- County Court. - The magistrates ordered defendant to pay £1, including costs.

ASSAULT BY A TRADESMAN. - Joseph PALMER, wine and spirit merchant, East-street, and of the Brewery, East Reach, was charged with assaulting a man named CALBRAITH, who had been in the employ, on the 20th inst. - The complainant said that he had been working for Mr PALMER, at the East Reach Brewery. On the 20th inst., about half-past six in the morning,, he was talking to a man named POOLE, about some beer. He did not know that Mr PALMER heard what he said; but he supposed he must have been behind the door listening. However, while he was speaking, Mr PALMER came in, and seizing him by the hair, began to “pay away with his fists,” hitting him more than a dozen times. Mr PALMER after that tried to push him over some steps, and if he had not caught hold by a rope, he should have fallen into a mash tub. - John BRIDGE, another man employed by Mr PALMER, said that Mr PALMER asked complainant what he meant by letting him down, and took him by the collar and ordered him off the premises. Complainant said he would not go, and then Mr PALMER hit his hat off his head, and again ordered complainant off his premises. Complainant refused to go, when Mr PALMER took hold of him and moved him. Complainant asked for his jacket, and Mr PALMER threw it at complainant; upon which the latter said, if he threw about his jacket in that way he would put it about his head. - Cross-examined: Did'nt see any blows struck. Complainant had been swearing and abusing Mr PALMER behind his back. He said, “I know as much as he does, and am as deep as he is.” Did'nt hear any more abuse than that. - Mr PALMER said, he had been subject to a great deal of abuse from the complainant, and had given him notice to leave, but some of his relatives came to him, and at their request he consented to keep him, if he would keep his tongue quiet. On the morning in question he heard a great deal of swearing, and found that it was CALBRAITH. He told him to go away, but he refused to go. He then gave him a blow under the ear. He called Robert POOLE, another of his workmen, who stated that defendant said “he didn't care a ---- for Mr PALMER, and he would serve him as he had served him before, and would leave him if he said anything to him.” Complainant began to swear again, repeating the same words. Mr PALMER then came in and ordered him off the premises. Complainant said he would go when he liked and not before. Mr PALMER went up another flight of stairs, and afterwards came down, and again ordered the complainant off the premises. He did not see Mr PALMER strike CALBRAITH except to knock his cap off. - The Rev. Mr ALLEN said the magistrates were bound to convict Mr PALMER because he himself had admitted the assault. There was, however, some provocation, and the fine would be 6s including costs.

SATURDAY, May 31. Magistrates: J. R. ALLEN, C. N. WELMAN, W. BEADON, F. W. NEWTON, T. WALSH, F. B. DOVETON, Esqrs., and Rev. W. J. ALLEN.

Jane OATEN, a young woman about 16 years of age, was charged with stealing six yards of brown Holland, and two yards of cotton print, the property of Samuel OATEN, of Pitminster. - The wife of prosecutor said that they kept a general shop at Pitminster, and on Friday evening last, the prisoner came into the shop, but went out again. In consequence of her brother saying something to her, she went out and saw the prisoner near the door. She asked for some sweet spirits of nitre, and then witness seeing that prisoner had got something in her pocket, asked her what it was. Prisoner replied that it was her apron. Witness accused the prisoner of robbing her, and brought her into the shop and called her husband. She (witness) then pulled down the prisoner's apron, and found six yards of Holland. The prosecutor asked the prisoner what business she had there taking his things, and she replied that she was going to take it to her mother, and would bring it back again. He asked why she did not call his wife, who would have let her it if it was for her mother. Prisoner made no reply, and he then had her taken into custody. - The prisoner was convicted at this court some time ago of stealing certain sums of money entrusted to her by her mother to pay to the Rev. G. R. LAWSON, rent of a cottage in which they lived, when it appeared that she had not only kept the money herself, but had forged certain signatures in the rent book. - Prisoner elected to be tried by the bench. - Mr ALLEN said that if the magistrates had known of this previous conviction before they gave her the option of being tried by them, they should have dealt differently with her. The punishment would be twelve weeks' hard labour.


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