Devon Intermediate Sessions: these sessions commenced yesterday at the Castle of Exeter: Rev. W. H. Karslake presided, and there were also on the Bench Sir John Duckworth, Bart, Captain Walrond and W. H. Peters, Esq. … TRIALS OF PRISONERS: FATHER AND SON CHARGED WITH STEALING BARLEY: William Pickett, and his son William, both on bail, were indicted for stealing 30 lbs. of barley, on January 17th, at Wolborough, the property Mr. John Balle Pinsent, maltster: Mr. Carter prosecuted; Mr. St. Aubyn defended the elder prisoner, and Mr. Clark the son. From the evidence it appeared that the prosecutor is a maltster and brewer of Wolborough, and the prisoners reside at Newton Bushel. Prosecutor’s malthouse is situated in Bearne’s-lane and was under the charge of a man named Webber. For some time, the prosecutor thought he was being robbed and endeavoured to find out whether that idea was correct. He accordingly obtained the assistance of P.C. Cleeve, and the morning of Sunday, January 17th, the officer concealed himself near the malthouse door. About half-past six he saw the elder prisoner go to the malthouse door, unlock with a key he took from his pocket, and enter the building, the younger prisoner soon afterwards following. In about ten minutes the younger prisoner came out with a bag on his shoulder. The door was closed behind him, and the constable then followed him up the street, stopped him, and asked him what he had in his bag. He replied, “I don’t know, but it is what my father let me have, down by the oak-tree.” On searching the bag, the officer found it to contain barley, and he took the prisoner into custody. Having charged the prisoner with the robbery, the prisoner repeated the statement about having received it from his father at the oak-tree. The constable returned to the malthouse and found the elder prisoner turning malt. He asked him where Webber was, and the prisoner replied that he had just gone out. Prisoner then left the building, and on Tuesday morning following he was apprehended. The barley found on the younger prisoner was taken to the prosecutor, who stated that the best of his belief belonged to him. The man Webber was called by the prosecutor, and he stated that on the evening of January 16th he was rather unwell, and he saw the elder prisoner, gave him the key the malthouse, and asked him to do his work the following (Sunday) morning, which he agreed to do. On that morning he was, however, charged by the police with selling barley to the prisoners, but he had only then been out of his bed five minutes, and had not seen the prisoners or been to the malt-house. In answer to the prisoners’ advocates the witness said the elder prisoner had often assisted him at the malt-house; Mr. Pinsent had seen him there and had given him beer for his assistance. Mr. Nicholas Ball, cornfactor, of St. Thomas said he examined what was found in the bag and compared it with the barley in the prosecutor’s malt-house, and to the best of his belief they corresponded; both samples were kiln-dried. For the defence no witnesses were called, but Mr. St. Aubyn, in addressing the court for the elder prisoner, referred to the fact that his client was at the malt-house because he was employed by Webber to assist him as he had done on former occasions, and he contended that there was no evidence at all to show that the two prisoners were acting in concert with each other. Mr. Clark argued that the identity of the barley had not been proved, and neither had it been established that the prisoner obtained the barley in a dishonest manner. The prosecution had not made out the case, and although there might be suspicious circumstances it was full of doubt, and he asked the jury to give the prisoners the benefit it, for it appeared to him that the police had drawn on their imagination in getting up this case against prisoners. Up to the present time the prisoners had borne most exemplary characters, and in a case of this kind character was a most important point. In support of this part of the case Mr. Robert Babbage was called, and he stated that he had known prisoners for many years, and gave them both a very good character. After a short consultation the jury found both prisoners guilty, and the elder one was sentenced to six months’ hard labour and the son to four months.
[see also Western Times: Friday 19th February 1875]
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901