PETERSFIELD, October 9.
PETTY SESSIONS, Town Hall, Tuesday, Oct. 5th—Present: Hon. J. J. Carnegie, Sir J. C. Jervoise, Sir Wm. Knighton, and J. H. Waddington, Esq.
— Trespass.—James Harding v. James Light, Esq., case adjourned from last Bench day. Trespass in search of game: case being proved, he was fined 1s., and costs 7s. 6d. (See below)
— Assault.—William Taylor, of Sheet, was convicted of an assault on Emma Stacey, of the same place. Adjudged to pay £2 and costs. (See below)
— Another Assault.—John Josiah Carpenter, of Liss, was charged by Martha Turner with an assault. Her case being proved, the verdict was withheld.
— Charge of Stealing Apples.—Henry Carpenter was charged by Maria Turner with stealing a quantity of apples.—Case dismissed.
— A Rebellious Pauper.—Charlotte Searl was brought up in custody charged with misbehaviour in the Petersfield Union, and damaging a certain quantity of oakum. The case being clearly proved she was sentenced to 21 days’ imprisonment. (See below)
— Robbery from the Person.—George Cowen and Agnes Cowen were brought up before R. Steel, Esq., at the Magistrates’ Clerk’s Office, on Saturday last, in custody of Superintendent Fry, charged with stealing £2 10s. from the person of Mrs. Emm, of Petersfield.—Committed for trial at the next Quarter Sessions. (See also 23-Oct-1858)
Hampshire Telegraph - Saturday 09 October 1858
PETERSFIELD
Agent—Mis DUPLOCK
PETTY SESSIONS.—October 5th.—Present, Hon. J. J. Carnegie, Chairman, Sir J. Clarke Jervoise, Bart., J. H Waddington, Esq., and Sir W. Knighton.
— A poor’s rate was signed for the parish of Liss
— Albert Aylward and John Marshall were charged by Mr. Thomas Vinson, of Liss, with doing wilful damage to the chimney pot and tiling of a cottage in the parish of Hawkley, and George Mills was charged with aiding and encouraging them in the same. Mary Ann Etherington deposed: I am the wife of George Etherington. On the 22nd of September last I lived at Hawkley in a cottage belonging to Mr. Vinson. I removed from the cottage yesterday. I hired a man on the 22nd to pick my apples, John Marshall came over the hedge about seven o’clock in the evening and got up the tree, he then came and looked in at my window, I went out and told him he should not do that. As soon as I got in doors again some one threw a stone at the chimney pot and broke it, and a piece of it, with some soot, came down the chimney. I then went out and saw Aylward, Marshall, and Mills in the road. I saw Aylward and Marshall throw stones at the tiling, several times, and some pieces of tile fell near me; I heard Mills tell them where to throw, he told them to ‟swack” one in. They ran behind the blacksmith's shop as soon as they had thrown. Emma Rowell deposed: that she lived near the last witness, about 20 yards off. On Wednesday, the 22nd September, she was at Mrs. Etherington's in the evening, heard stones fall on the house, and a portion of the chimney pot came down the chimney, and also some soot. This was the case for the prosecution. The damage was laid in the information at 2s. 6d., but Mr. Vinson stated that a master builder, whom he had employed to repair it, had put it at 10s. 6d. The magistrates, however, decided that it should stand as laid in the information. Defendants being called on for their defence, Aylward said that the only stone he, had in his hand he chucked into the road. Marshall said that Mrs. Etherington told him he might pick the apples, but he was not to ‟have any of his stupidness,” that he picked some apples and took them to her, and she said she was very much obliged to him. Mills said that he was returning from work, and had to pass the house in his way home, that he never threw a stone nor said a word to encourage the others to do so. Aylward called Benjamin Bettsworth as a witness, but for what purpose did not appear, as he deposed literally thus, ‟I know nothing at all about the case as I was not there.” Marshall called Richard Etherington, who swore that he was at Mrs. Etherington's on the evening in question, from six o’clock till nine, sitting in the chimney corner, and that no soot or part of chimney, pot came down while he was there. Cross-examined by Mr. Vinson: Did you not tell Mrs. Etherington that if I wished it you would come here and give evidence against defendants? No! I said I would come if you summoned me. Mills called Ellen Martin, who stated in answer to questions from defendant, I saw you go along the road on the Wednesday evening, between six and seven; I saw you go out on the green; you never said anything to Mrs. Etherington nor to the boys; I did not see you throw a stone. Mrs. Etherington re-called by the bench: Richard Etherington told me he saw the soot and piece of the chimney pot come down the chimney, and that if master would summons him he would come down here and say so. Richard Etherington re-called: he and Mills worked together, on his oath no soot came down, and he made no remark to Mrs. Etherington about it. Emma Rowell re-called, was quite sure that a piece of the chimney pot came down, and as Richard Etherington was sitting by the fire at the time, he must have seen it. Aylward and Mitchell were convicted, and adjudged to pay 7s. 6d. each, including costs; Mills was acquitted. After the case was disposed of, the Chairman called Richard Etherington to the table, and told him the Bench considered that he had given his evidence in a very unsatisfactory manner, and they looked upon it with great suspicion; that he himself best knew whether he had committed perjury, but he (the Chairman) felt it his duty to tell him that if a jury were satisfied that he had done so he would incur a very severe punishment, and he cautioned him, if he should again come into a court of justice to give evidence on oath, to be very careful to speak the truth.
— Sir C. Taylor, Bart v. James Light, Esq.—This was a charge of trespass in search of game on certain waste lands called Rake Heath, in the manor of Liss. Mr. Albery, of Midhurst, appeared for complainant; Mr. Light conducted his own defence. This case was heard at the last sitting of the Magistrates, and adjudication postponed for a fortnight; but as both the Magistrates who were then present were to-day unavoidably absent, it was re-opened de novo. The Hon. J J. Carnegie retired from the Bench during the hearing of this case, and the chair was taken by Sir J. Clerk Jervoise, Bart. Defendant, as on the former occasion, admitted the facts alleged in the information, and grounded his defence on a question of right. The arguments on both sides being similar to those adduced at the former hearing, and which were fully reported in the Telegraph at the time, it is needless to repeat them here. The Magistrates decided in favour of complainant, and adjudged the defendant to pay a nominal fine, together with the costs of suit.
— Emma Stacey, v. William Tyler. This was a charge of assault. Mr. Albery conducted the defendant’s case. Complainant deposed—I live with Mr. Trimmings at Sheet, have been in his service about 3 months. On the 20th of September I went to bed between nine and ten, William Tyler came into my room, I told him to walk out; I was in bed and the candle was put out. There is no fastening to the door; the room is upstairs, at the back of the house, over the brew room. He told me I should not make a noise; he kissed me; he tried to get into my bed; he had one knee on the bed; I told him I would call; he then left the room. On the 23rd of September I met him in Petersfield, he asked me if I had told my mistress and master of it, and said if I had not, he would make it up to me; I never said right whether I had or not. l had told my mistress on Tuesday morning. Defendant Iodged in the house: his bedroom door was opposite mine separated by a passage, Cross-examined by Mr. Albery.—I told my mistress the next morning that Mr. Tyler came into my room, and I asked her if she considered him to be a respectable man; she said she did not know but what he was; I told her he attempted to get into my bad. Tyler was living in the house when I went there; I know he is a married man; he went up stairs that night before me; I left master and mistress and Mr. Hauby down stairs. I don't know whether his light was out when I went up stairs, or whether his door was shut; can't tell how near I went to his door; all the doors open upon the same landing; I did not knock at his door; I had a candle; he had gone to bed between a quarter and half an hour before me; I was about ten minutes getting to bed, did not fasten my door, there was no fastening; he had no candle when he came into my room; the rest of the family came to bed about a quarter of an hour after he left my room; they usually go to bed between nine and ten. I don’t always go first. Mr. Hanby was living in the house when I went there. When I met defendant in Petersfield and he asked me if I had told my mistress, there was no one else present. That is the only time I have seen him since this took place. He was in my room between three or four minutes. I can’t say exactly I made no outcry then, but told my mistress next morning. No one told me to take out the summons. I did not take it out before, because he never denied it till his wife came home. I mentioned it to him several times and he never denied it. The first time I said anything to him about it was on the following Saturday; my mistress was present; we were in the brewhouse, and he was in his room. It was in the evening, and my mistress began it. She gave him notice to leave her house, and told him what for; but I don’t know the exact words she used. His wife came home last Thursday evening. It was because his wife came home and he denied it that I inst took out the summons. His wife began the conversation on the Friday. She went and fetched him home, and said there is my husband and it shall be proved. I then asked him how he could deny it. His wife flew in his face, and here was no more said that day. He said did I mean to say that he came into my bed-room. I said, yes; he said he did not. That is the only time I had any conversation with his wife. I have had no other conversation with any one on the subject in his hearing. I told my mistress next morning that he came into my room, but I did not tell her hat he attempted to get into my bed, nor that he kissed me. I first knew he was in my room from seeing him. I had no light; the moon was shining. He did not say anything about my knocking his door. By the Bench: Both rooms open upon a landing at the top of the stairs. No one else lodged in the house. I am quite sure it was Tyler who came into my room, I did not hear him enter, I was nearly asleep.—Mr. Albery addressed the Bench for defendant, stating that he was instructed that no assault whatever had taken place; and he submitted that it was highly improbable that defendant, a married man, would incur the risk that must attend such an attempt when persons were about the house. He called Eliza Bailey, who deposed—I live at Sheet; I had some conversation with Emma Stacey on Monday last. She came into my shop, and as I was serving her she said, do you consider, Mr. Tyler a respectable man? I said I don't know but he is. She said, then I don’t, for the black-guard came into my bed-room one night. I was astonished, and said did he touch you? she said ‟No, I told him I would call, and he walked out.” Samuel Pollard deposed to being in company with defendant, when complainant met him in the High-street, Petersfield; that they spoke to her, but defendant did not ask her if she had told her mistress, and nothing was said about the assault; he and defendant went into a shop, and complainant went on, and they saw no more of her. Complainant on being recalled, explained the discrepancy between the evidence of last witness and her own, by saying that Pollard went into the shop first, that Tyler staid outside for a minute or so, and it was then that he spoke to her and asked her if she had told her mistress. Mr. Carnegie in delivering the judgement of the Bench, told defendant the Magistrates were unanimously of opinion that the case was clearly proved against him. Complainant had undergone a very severe cross-examination, but had given her evidence in a straight-forward manner, and there could be no doubt he was guilty of the offence. The bench would be sorry to aggravate the distress of his wife by their sentence, but they felt that they should not be doing justice if they did not visit the case with severity. The sentence was that he should pay a penalty of 40s. with 7s. 6d. costs, and in default be imprisoned for 21 days. Defendant not being prepared to pay left the court in custody of a policeman, but ireturned shortly after and paid the money.
— Mahala Wells v. Benjamin Dennis—This was an affiliation case, but complainant failing to adduce corroborative evidence the summons was dismissed.
— Charlotte Searle, aged 11 years, was brought up from the Petersfield Union Workhouse, charged with damaging and destroying oakum. It appeared from the evidence that two pounds of oakum had been weighed out to defendant in the morning for her to pick for her day’s work; when it was returned in the evening, it was found to be correct as to weight, but damp, as if water had been thrown over it. This excited suspicion that a portion of it had been made off with, and on searching the water-closet about four ounces were found, which it was proved could only have been placed there by defendant. 21 days’ imprisonment with hard labour.
— Jacob Adams was charged, on the information of P.C. James Edson, with riding and sleeping in a waggon drawn by two horses on the highway, in the parish of Empshott, on Monday night, the 20th September. It appeared from the evidence of complainant that he was on duty on the night in question on Empshott-hill, and saw a waggon drawn by two horses, but without any driver; he called out twice, but got no answer; he then put his hand over the side of the waggon and roused Benjamin Cooper, who was also in the waggon asleep. Adams had the reins between his legs. Cooper then took the reins. Adams did not wake up till he got to the bottom of the hill. Defendant admitted that he was asleep, but his defence was that his companion was awake, and caused some amusement by his very confident manner of affirming, as if of his own personal knowledge, that his companion was awake, when he admitted that he himself was fast asleep. He called Benjamin Cooper, who confirmed the evidence of James Edson, by stating that when the latter roused him up and charged him with being asleep, he (witness) replied, ‟Much as ever I be;” and added ‟I told the policeman that Adams hadn’t been asleep far,” and when he said we should hear further of it, I said, ‟Oh, shall us.” Adjudged to pay a fine of 2s. 6d.