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Supplement to the Taunton Courier Wednesday 23 Apr 1856
MAGISTERIAL PROCEEDINGS.
GUILDHALL, WEDNESDAY.
Before R. M. KING, J. R. ALLEN, C. N. WELMAN, C. J. HELYAR, and W. BLACK, Esqrs.
Robert PAVEY was charged with assaulting Thomas BOND, on the 12th inst. It appeared that the parties were at the Four Alls inn, Tangier, on Saturday night, when PAVEY began abusing the complainant and called him names, and just as BOND had finished his beer and was going away, PAVEY struck him a blow which knocked him down and cut his lip open. Complainant stated that he had not spoken a word to defendant, and the only reason he could assign for the attack on him was, that defendant had accused him of going about taking work under price. He was find 15s. or in default 14 days' imprisonment.
SATURDAY.
Before R. M. KING, J. R. ALLEN, C. J. HELYAR, C. N. WELMAN, W. BLAKE, and H. BADCOCK, Esquires, and the Rev. W. G. ALLEN.
Elizabeth DAVIS, a poor woman with an infant in her arms, was charged with illegally pawning a stuff gown, the property of Elizabeth SLEE. Complainant stated that she entrusted her gown to defendant to be made up, and was herself taking into custody before it was finished; having suffered one month's imprisonment, complainant on coming out of gaol applied for her gown, when DAVIS said she had been “driven up” for money, and had pawned it, at the same offering complainant the ticket and a shilling, and promised to pay a shilling a-week until the dress was redeemed. Complainant did not choose to accept this arrangement, and took the present proceedings. The justices, in giving their decision, regretted that they could not inflict a less penalty than 20s., but they would give defendant what time she required for the payment of the fine, or in default a week's imprisonment. Defendant was discharged on undertaking to pay the fine by weekly instalments of half-a-crown.
Henry GANGE, Thomas TROUT, John OATEN, and Daniel DUNN, who were remanded under the circumstances detailed in last week's Courier, on a charge of having stolen a quantity of lead, were again brought up. Police-constable ALLEN stated that he had been to Pitminster church and found several sheets of lead missing from the roof; he had fitted the lead found at the house of Robert COLES, in Shuttern, who had purchased it of the prisoners, to the room of the church, and to a piece of lead left on the roof, which was now produced, showing the comparison to be most perfect. It was intended on behalf of the prosecution to have called COLES as a witness against the prisoners, but the Bench completed the case without his testimony, and committed OATEN and DUNN for trial. TROUT and GANGE were discharged.
Robert COLES was then charged with feloniously receiving the above lead, knowing it to have been stolen. Mr. J. TAUNTON, solicitor, asked for time on behalf of the prisoner to meet the charge, as he had no idea when he came to the court that any charge would be made against him. COLES was accordingly remanded until Monday.
MONDAY.
Before J. R. ALLEN, and H. BADCOCK, Esqrs., and the Rev. W. G. ALLEN.
Robert COLES, remanded on Saturday, was brought up on a charge of receiving a quantity of lead, knowing it to have been stolen. The evidence given on a former day hearing having been read over, Mr. TAUNTON, who appeared for the prisoner, cross-examined the witnesses. A girl named Mary Ann COLES, daughter of the accused, stated that between 11 and 12 o'clock on the night of Saturday week, the lead was brought to her father's house by OATEN; she was present when ALLEN, the constable, came and said to her father, “I am come for the lead that OATEN's brought.” Prisoner asked if it was stolen; the policeman answered “Yes;” and COLES then said “he believed it was.” He then said he had not weighed the lead, but had let OATEN have 4s. upon it; upon which ALLEN replied “That will be all right.” COLES then showed ALLEN a book in which he kept an account of the things he bought. - A man named COLLARD, who was in the house from the time OATEN came in till ALLEN called, stated that when OATEN left, COLES told his wife he would send for a policeman the next morning. The evidence of ALLEN, and a man named GILLARD, taken on the examination of OATEN and DUNN on Saturday, was also read over and re-affirmed. Mr. TAUNTON submitted, that in this case there was no compliance with the legal requirements necessary to constitute the offence, and that there was no evidence of a scienta on the part of COLES, that the lead was stolen property. He contended that no sale took place, COLES having only lent 4s. upon it; there was no attempt at concealment, and the defendant had acted with all ordinary caution in receiving it into his possession by his endeavours to ascertain whether it had been honestly come by. The Bench unanimously decided to commit prisoner for trial, but accepted bail for his appearance.