Stealing Barley: — Wm. Pickett and Wm. Pickett the younger (father and son), were charged with stealing barley of the value of 3s, the property of John Ball Pinsent. Prosecutors stated that he had a malt-house in Beane’s Lane. Neither of the prisoners worked for him. He has barley in his malt-house, a quantity of which had been kiln dried and a quantity that was not. The barley produced was sweated barley, and is of the same description he has in his store. Kiln dried barley is not generally kept by maltsters in this town; neither of them has any at the present time: P. C. Cleave, acting on instructions, watched the prosecutor’s premises about half-past six on Sunday morning. He saw the two prisoners enter the malt-house and shortly afterwards the younger one left with the bag containing the barley produced. Witness took him into custody on the charge of stealing the corn, and after locking him up went again to the malt-house, and there saw the elder prisoner, of whom he inquired for the malster. He volunteered to fetch him, and left for the purpose, but did not return. Witness went to Webber’s house and they went together to the police station, and the witness showed him the barley. Cross-examined: He had watched the premises from five o’clock in the morning. Wm. Webber was a maltster in the employ of Mr. Pinsent, and had charge of the malthouse in Bearne’s-lane. On Saturday last he was unwell, and gave the elder prisoner the key that he might go the following morning and do his (witness’s) work. He did not give him authority or permission to take any barley. He had not been in the malt house on Sunday morning before he saw the policeman. The policeman took him (witness) into custody but had no right to. The two samples of barley produced were not alike: Cross-examined: Mr. Pinsent had seen Pickett at the malthouse at work and had given him beer for so doing. Witness was not going to pay the prisoner for the work he did. There was beer there that he could drink. The witness had told Mr. Pinsent that his regular work was too much, and he was told that he might have man to help him when he liked: Prisoners elected to be tried by a jury. For the defence, Mr. Creek submitted that there was no case against the older prisoner for stealing the barley. He was merely seen to enter the malthouse to do his legal work and not to take any barley consequently the Bench would not be justified in sending him for trial on such a charge. He produced a good character from his employers Messrs. Stacey and Rabbage, builders, for whom he had worked nine years. After a short consultation, the Bench committed both prisoners for trial at the sessions at Exeter. They were liberated on bail.
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Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901