The Somerset County Gazette 21 Sep 1867
Page 8 Column 2-5
TAUNTON GUILDHALL.
SATURDAY. - Before Rev. W. J. ALLEN and Capt. ALLEN.
IN A DIFFICULTY. - Mr. KIDNEY, of Edgarley, near Glastonbury, was introduced by Mr. Supt. GOLDSMITH to the Bench for advice under the following curious circumstances:- A number of beasts had been purchased at the Tiverton market and sent on to Kingweston under the care of drovers, with the necessary passes. The next thing seen of the cattle was that the police found the animals straying on the road near Bathpool; they also picked up a coat, hat, and stick belonging to one of the drovers – neither of whom could be traced. - The magistrates undertook to do all they could, within legal limits, to facilitate the passing on of the animals.
TUESDAY. - Before H. BADCOCK, Esq.
STEALING LEAD. - William WOOD, in the employ of Robert TEMPLEMAN, plumber, East-reach, was committed for trial at the sessions on the charge of stealing 30lbs of lead, and a brass tap, the property of his master. The prosecutor's nephew, at dinner-time on the previous Saturday, while in the stairs above the shop, saw the prisoner take some lead and put it in his pocket, and then went and told his uncle. Mr. TEMPLEMAN came out and asked the prisoner what he had in his pocket. WOOD first said he had nothing, and then said that what he had were cuttings he got at the London Inn. Afterwards he asked to be forgiven. The brass tap and some more lead was found at WINTER's marine store shop, in Paul-street, by Sergt. DEWEY and Mr. TEMPLEMAN. WINTER could not speak to buying the particular things of the prisoner, but said he had frequently had dealings with him, and ha d bought lead within three months. The prisoner has been previously convicted.
WEDNESDAY. - Before Rev. W. J. ALLEN, H. BADCOCK, Esq., and Capt. ALLEN.
QUARRELSOME FISHWOMAN. - Sarah Ann SPRATT, fish-woman, summoned Maria WARREN, who lives at the same court, in East Reach, for an assault on the 14th September. Defendant did not appear. Complainant stated that WARREN struck her three blows in the face with her fists as she was putting out her clothes. They had not quarrelled, and SPRATT knew no reason why defendant should have struck her. - Fined 15s., to included costs, or in default 5 days' imprisonment.
A LUNATIC WIFE. - Edward CROCKER, labourer, was summoned to show cause why he should not contribute towards the maintenance of his wife at the County Lunatic Asylum. - Mr. TRENCHARD, who appeared for the Board of Guardians, stated that the defendant had no young children depending on him, and he was in receipt of daily wages from Mr. TAYLOR, of Poole Farm. The wife had been chargeable to the common fund of the Taunton Union since the 29th September, 1866, at a cost of 9s. 6d. a-week. - Mr. WHITWHAM, relieving officer, was examined in proof of the case. Defendant's youngest child was fifteen or sixteen years of age. She was in service until she was had home to look after her mother. He knew of no other children. Certainly there were none depending on CROCKER. - Mr. Thomas TAYLOR said he paid CROCKER, who had been with him 21 years, 10s. 6d. a-week, out of which he paid 2s. house rent. Defendant had had a great deal of illness in his family, and he believed the doctor's bill would never be paid. Defendant himself was ill a twelve month ago of inflammation on the lungs, and had never been quite well since. - Defendant said he never had any money relief from the Union. He took care of his wife at home as long as he could. His daughter was now obliged to say at home to mind the house. - Mr. TAYLOR said she was a little weakly girl. - The Chairman said many of the contributors to the fund were as poor as defendant, and therefore it would not be right that he should be entirely exonerated from contributing towards the support of his wife. They would put the sum as low as possible, and make an order for 1s. a-week.
SERIOUS CHARGE OF PURJURY.
Ellen STACEY, a girl of 16, was charged with having committed wilful and corrupt perjury on the 24th August last, at a hearing before the magistrates of an assault case in which she was complainant, and a young man named John BIRKLEY defendant. - Mr. H. TRENCHARD for the prosecutor, and Mr. TAUNTON for the defendant. - Mr. TRENCHARD read the depositions taken at the hearing. He asserted that the girl's statement that BIRKLEY assaulted her was a wilful untruth, and Mr. BIRKLEY, after consideration, had thought it necessary, for his own character and protection, to commence these proceedings in order that the whole facts might be ascertained. - Mr. Supt. GOLDSMITH produced the summons on which John BIRKLEY appeared and pleaded not guilty to a charge of common assault on the 24th August. The present defendant appeared as complainant, and game evidence on oath. The case was stopped by the justices and dismissed. - Mr. Samuel DERHAM, clerk to Messrs. PINCHARD, clerks to the justices, produced an information signed by the defendant in his presence, on which the Rev. W. J. ALLEN granted a summons. The justices present at the Guildhall on the 24th August were the Rev. W. J. ALLEN, Mr. H. BADCOCK and Capt. DOVETON. Witness took notes of STACEY's evidence as follows:- On the 14th July I was servant to Mr. GRABHAM, at Staplegrove. Between eight and nine in the evening I was in the washhouse. I was lighting the fire. Master BIRKLEY came to me there. He left the door open. He asked me, “Please to put out the candle.” I said, “No.” He put out the candle – blew it out. He took up my clothes, as I stood against the cheese-press. I said, “Please to be quiet, or I'll tell mistress.” He said, “Don't tell aunt.” He stayed as long as he liked, and then went away. He was there a quarter of an hour. After he was gone I finished lighting the fire. I lighted my candle in the kitchen. I locked the doors, and took the bedroom candles to the dining-room. I went to bed. Master BIRKLEY when upstairs to bed before me. I did not mention this till the second time – last Monday week – when I told the washerwoman. Then my mother was sent for, and took me away. My mistress spoke to me and my mother in Mr. BIRKLEY's presence. He said he knew nothing about it. I am 16 next October. Cross-examined: Mr. GRABHAM was at home that evening after eight o'clock. They had been for a walk. The washerwoman is Ruth TARR.” The case was then dismissed without any further evidence being heard. - By Mr. TAUNTON: I don't remember whether the magistrates gave any reason. The cross-examination was stopped. - Mr. Abraham GRABHAM said: I am a tanner and reside at Staplegrove. The present complainant, John BIRKLEY, resides with me. He has been with me eight or nine months. Ellen STACEY was domestic servant in my family, and had been with me about nine weeks up to the time she left. On Sunday, the 14th July, BIRKLEY and I went round the farm to see the stock. We started about six o'clock, just after tea, and stayed out between two and a half and three hours. BIRKLEY was with me the whole of the time, and we came home together. Supper was on the table and we had it directly. BIRKLEY walked in and sat down with me. I never lost sight of him. He walked in before me. Supper lasted half an hour. All that were there went into another room, and I and BIRKLEY went into the kitchen together, to take off our boots. Then he went with Miss RAYMOND and Miss BIRKLEY into the dining-room. I might have stayed in the kitchen a quarter of an hour, talking with Mr. MORRISH. Then I went up into the dining-room, where BIRKLEY was with the ladies. He was lying down on the floor, with his head on a pillow, apparently asleep. I remained with him until he went to bed, a little after ten o'clock. I heard him speak to some one in the kitchen and go upstairs. When I came in from the walk I found Henry MORRISH, of Kingston, sitting on the kitchen table. He had been very intimate with me for years, and came in when he liked. STACEY was walking about the kitchen. I asked MORRISH to have supper. When I came out after supper MORRISH was still sitting on the table. STACEY was in the kitchen. When I followed BIRKLEY into the dining-room MORRISH was still in the kitchen, and STACEY was taking fire out of the kitchen grate. She said she was going to put it under the furnace, which is in the wash-house under cover beyond the back-kitchen, for Ruth TARR was coming early in the morning. When BIRKLEY was going to bed I heard MORRISH in the front kitchen say, “Good night, old fellow.” At supper there was Mrs. GRABHAM (my wife), Mr. GIFFORD, Miss RAYMOND and Miss BIRKLEY. STACEY was the only servant in the house. - By Mr. TAUNTON: I was at the hearing as a witness for BERKELEY. I first heard of anything taking place on the 14th July, about a fortnight or three weeks afterwards; I would not swear it was not a month. My wife first spoke to me about it. I did not speak to STACEY about it from first to last. My wife is BIRKLEY's aunt. She had not made more of this matter than myself. I spoke to BIRKLEY. I might have said, “This is a pretty go.” STACEY said she would go and drown herself if we sent her home. Mrs. GRABHAM sent for the mother. When she came I did not speak to the mother. I was behind the door and heard what was said. I never heard of anything between BIRKLEY and the former servant PRING. She left for robbing somebody's box. Mr. MORRISH was perhaps 45 years of age. He did not keep company with Miss RAYMOND or Miss BIRKLEY. We did not look at him in that light. His business there was to drink cider. (Laughter.) I mentioned the matter to him about the time of the summons. Witness was also cross-examined as to what he and Mr. BIRKLEY did on the 7th and the 21st of July. - Mrs. Dorcas GRABHAM said: On the evening of the 14th July my husband and my nephew were out for a walk until supper-time, about nine o'clock. We had supper directly. Then those two went into the kitchen, and presently my nephew came in with Miss RAYMOND (my daughter) and his sister. He lay on the dining-room floor till he went to bed. I heard him go, and his sister fetched his candle. I saw Mr. MORRISH, as we passed by to go to supper, sitting on the kitchen table; and as we returned I saw him still in the same place, and heard his voice there afterwards. STACEY left on the 18th August. I heard something on the 12th August, and had a conversation with STACEY in the presence of Eliza HARVEY, the wife of the carter, on the 17th August. I said, “You have wished to bed Mr. BIRKLEY's pardon before all the men; but I shall not call them. What you have to say you can say in the presence of Eliza HARVEY.” She remained silent for a minute, and I said, “If you don't like to do it, leave the room.” She went down on her knees. “Master BIRKLEY never touched me in his life, and never attempted to. He never spoke to me except to order me to do anything. I hope he will forgive me.” No answer was made, and she then left the room. I had before spoken to her, on the 13th, in the kitchen, in the presence of Ruth TARR and, I think, Miss BIRKLEY. I said, “What have you to say about Master BIRKLEY?” She said, “He has been taking liberties with me,” or “He has been making work with me yesterday.” I said, “What time?” She said, “Just before the bell rang, after dinner.” I said, “Ellen, do you remember where you were when I asked if it was not time to ring the bell?” She said, “Oh, I was at my dinner.” It could not have been then; it must have been after.” I said, “Do you know where Master BIRKLEY was after the bell rang?” She said, “Oh, he came to me in the barton.” I said, “You came and spoke to me in the garden directly after the bell rang.” I don't remember what answer she then made. She seemed not to know what to say. I said “BIRKLEY was in the field with the reaping-machine.” On the 14th I told her to get her things ready to be washed, for she certainly would leave when her mother came, and she would have to proved what she had said respecting Master BIRKLEY. I left the kitchen, and when I came in again she said she did not wish to have her things washed, but she was quite ready to beg Master BIRKLEY's pardon; that he had never touched her, and never attempted to. I asked if anyone had wished her to say such things about him. She said, “No, it was my own wicked heart.” Ruth TARR came into the kitchen, and I said, “Now, Ellen, what you have to say, say in the presence of Ruth TARR,” and she repeated the works, “Master BIRKLEY never touched and never attempted to; I am quite willing to beg his pardon before all the men.” I had sent for her mother on Tuesday, the 13th. She did not come until Sunday, the 18th. In her presence I said to the girl, “I wish you to speak the truth. Who had you with you that Sunday night?” She refused to tell, but said, “Not Master BIRKLEY, nor no one in this house. Master BIRKLEY, nor no one in this house never insulted me.” I said, “Did anyone ask or wish you to say such a thing about Mr. BIRKLEY?” She said, “No; it was because you talked to me about my behaviour to Mr. Henry MORRISH.” She said she would drown herself rather than go home. She had said so once or twice before. I gave that as a reason why she should go home with her mother. - By Mr. TAUNTON: When I spoke to STACEY on the 13th, she said BIRKLEY went with her in the poultry yard in July, when she went for her coals, and on the 12th August, over the bullock stall in the barton. I did not say I could prove that in July BIRKLEY was in bed and that he was in the sawpit on the 12th. On the 12th BIRKLEY came with me and Mr. GRABHAM to Taunton. On the 13th BIRKLEY was in the reaping field. I did not speak to him. I did not return to the kitchen and say to her, “Master BIRKLEY says he never touched you, and if you say so he'll knock your head off.” I don't remember turning to Miss BIRKLEY and saying, “You can say, Polly, that your brother was in bed in July.” It did not occur to me to bring the young people face to face. Ruth TARR, Miss BIRKLEY, and Mr. GRABHAM heard STACEY say, in the presence of her mother that it was her wicked heart. She said it more than once. I don't know whether she cried. It's nothing unusual for her to cry one minute and sing the next. I did not tell her, when Eliza HARVEY was present, that if she did not go down on her knees I would get the police-constable. On the 13th August Mr. MORRISH came down and saw the girl in my presence. On the day after the girl left the mother came and saw me and BIRKLEY together. BIRKLEY told her he could swear before the magistrates that he was not with STACEY in the wash-house or in the barton. I don't know that I ever saw George TABRET and the girl together. I did not send ROSSITER, the carpenter, to the girl or her mother about the time of the summons, but I gave him a message to give to the girl's aunt, that she might persuade the girl to come down, and that Master BIRKLEY was going to take out a summons for perjury. I did not tell him that the girl might write a few lines saying she was sorry, but that if she did not I would prosecute her to the utmost of the law. - By Mr. TRENCHARD: MORRISH said in the presence of the girl, “I can clear BIRKLEY before a hundred and forty justices, for I was in the kitchen till after he went to bed.” When he came down he said he had heard STACEY had said something about him. I said, “She has said nothing about you, but about Master BIRKLEY on the Sunday night.” - John BIRKLEY (defendant in the assault case) said: I reside with Mr. GRABHAM. On Sunday evening I went out with him to see the stock. When we came home we went straight into supper with the rest of the family. We stopped in the same room for some time after, and then Mr. GRABHAM and I went into the kitchen to take off our boots, with my cousin and my sister. My aunt called me, and I and my cousin went into the dining-room. I lay on the carpet there until after ten o'clock, and then I went straight to bed. Just as I was in bed my sister took away my candle. Mr. MORRISH was in the kitchen when I took off my boots, and he called out as I was going to bed. On that evening I did not go to Ellen STACEY in the washhouse, nor have I taken any liberties with her at any time. I have hardly ever spoken to her except to give an order in the house. - Cross-examined; She never slapped my face. I did not wait for STACEY at the top of the stairs on the night of the 14th. I never asked her to come into my room. On the 12th August I did not follow her when she was searching for eggs over the cowshed. On the 13th, when I was in the sawpit, Mrs. GRABHAM told me what the girl had said about me. This false accusation put me in a violent rage. My aunt would not let me go into the house. I did not send word by my aunt that if the girl said any more about me I would knock her head off; but that I knew nothing of the girl, and never touched her in my life. I saw STACEY with my aunt in the kitchen half an hour afterwards. As I passed, I asked the girl what she had to say about me. She made no answer, and went away. - Mr. TAUNTON: Have you been in trouble yourself? - Witness: What do you mean? - Mr. TAUNTON: It is a painful question, but I'm instructed to ask it. Have you ever been in trouble for felony? - Witness: That's nothing to do with this. You've no call to bring that up. - Mr. TAUNTON said he was only doing his duty, and repeated the question, and witness, after protesting against the question being put to him, said he had not been in trouble for felony. - Mr. TAUNTON mentioned a name, and witness replied: That's no business of yours. You never lost anything by that. It got nothing to do with this. - Miss Mary Jane BIRKLEY gave confirmatory evidence as to the proceedings on Sunday evening, the 14th July, except that she believed MORRISH was a short time in the supper-room, although he did not have any supper. She also heard her aunt tell STACEY that she could prove BIRKLEY was elsewhere at the times the girl alleged him to have been with her; and that if she told any more tales about him, BIRKLEY would knock her head off. On the 15th July STACEY could not take any breakfast, but she did not say why. - Miss Sarah Jane RAYMOND spoke to BIRKLEY being in her presence after he returned with his uncle, on the evening of the 14th July. - Eliza HARVEY said on the 17th August she heard Mrs. GRABHAM ask Ellen STACEY whether she had anything to say against Mr. BIRKLEY. She replied, “No; I will freely beg his pardon for what I have said against him.” Mrs. GRABHAM said, “I don't compel you to do so. You can do it or leave the room.” STACEY went down on her knees and said, “He never touched me. He never but a hand near me. He never insulted me, nor any one in this house.” Then she got up, and went out of the room laughing. - Cross-examined: Mrs. GRABHAM never threatened STACEY that she would fetch the policeman if she did not beg BIRKLEY's pardon. The girl never hesitated to speak, but answered Mrs. GRABHAM quick. - Mr. Richard GIFFORD gave the same account as Mr. GRABHAM of the way in which the evening of the 14th July was spent by BIRKLEY. He heard MORRISH talking in the kitchen after ten o'clock. - Mr. TAUNTON: You go to see Miss RAYMOND. Are you going to marry her? - Witness: I don't know. (Laughter.) - Mr. TAUNTON: Well, I don't want to pry into any secrets. I thought it was all settled. You go there very often? - Mr. PINCHARD: We don't want to know your motives; but you do go there frequently? - Witness: Yes. - Ruth TARR said: On Monday evening, the 15th July, STACEY said her face was sore, for some one had been bearding her the previous night. She would not say who it was. After, by Miss BIRKLEY's request, I asked her. “Was it Master BIRKLEY?” STACEY said, “No. Master BIRKLEY never touched me. It was some one, but not him.” On the Thursday before she left STACEY was told by Mrs. GRABHAM to pick up her clothes to have it washed. She said, “I don't wish to have my clothes washed. But I'll freely beg Master BIRKLEY's pardon that he never put hand near me. But George TABRET did more than once, and more than twice.” Mrs. GRABHAM said, “Who taught you to say it?” and she replied, “No one; it was my own wicked heart.” - Cross-examined: George TABRET was never brought before STACEY. On the 15th July STACEY did not eat much breakfast, but I did not ask her why, or say she had too much courting on the previous evening. About three weeks afterwards she came to me crying, and said she was determined to go home, for she could not bide for Master BIRKLEY. I said, “How can you say so, when you told me he hadn't touched you?” She said, “That's what I will say if I can't go home else. Then my mother will soon take me away.” I did not afterwards tell her, “You swear to MORRIS and not to BIRKLEY, because the former has plenty of money.” She was not in the family-way when she left Mr. GRABHAM's. I told Mrs. GRABHAM that Ellen told me on the 12th August that young BIRKLEY had been bearding her; but nothing else. On the 13th Mrs. GRABHAM said to her in my presence, “Do you mean to say that Master BIRKLEY had had to do with you?” She said, “Yes, four times.” When the question was repeated she said, “No, he never touched me nor insulted me in his life.” - Mr. TAUNTON said his learned friend had opened the case as though there was nothing on the defendant's side. He admitted that Mr. BIRKLEY's character was at stake, and that was why, even at the risk of throwing dirt on a respectable man, and crushing this young girl, the daughter of a labourer, this prosecution was brought. Husband, wife, daughter and niece were all banded together in defence of their relative. They virtually proved an alibi; but it was quite possible they might be mistaken as to the particular day after the lapse of so long a time, or the girl might have been mistaken. Mr. TAUNTON then commented at length on the evidence, and pointed out wherein the discrepancies lay, and stated that he should call Mr. MORRISH and other witnesses in his client's behalf. - The court having sat over six hours, the case was then adjourned until Wednesday next.