Devon Quarter Sessions: 10-Day’s Proceedings: First Court: Before the Earl of Devon, and Mr. W. H. Halliday: Alleged Coal Robberies at Newton: John Frost, 62, bargeman, and Walter Morey, 32, coal dealer, were indicted, the former for stealing, and the latter for receiving, 12 tons of coal, the property of John B. Pinsent. The Hon. Bernard Coleridge prosecuted. Frost was defended by Mr. St. Aubyn, M.P., and Morey by Mr. Pitt Lewis. In opening the case the Hon. Bernard Coleridge said that Teignmouth and Newton Abbot were about five miles apart, and a set of barges plied up and down between the two places. The barges belonged to Messrs. Watts, Blake, and Bearne, and were needed for bringing clay from Newton to Teignmouth, where after discharging their cargo, they were loaded with coal, which they took back to Newton. On the 13th and 14th December, the barges were laden with coal from the schooner Fanny, at Teignmouth, for conveyance to Mr. Pinsent’s stores, at Newton Abbot. The barges were in the charge of Messrs. Watt’s men. The prisoner Frost was the owner of a much smaller barge, and the other prisoners had stores at Coombe Cellar., a place situated on the river between Teignmouth and Newton. Messrs. Watts and Co. instructed their foreman to watch the loading and discharging of the barges receiving coal from the Fanny. The barge from which the coal was said to have been taken was so heavily laden that the coal was piled two feet above the combing. The barges did not reach Newton until the next morning, and the cargo was then below the combing, and about six tons appeared to have been taken from the cargo. On the following day the barge was again loaded with coal from the Fanny, the cargo being piled two feet above the combing. The barge did not arrive at Newton until the following morning and then about six tons appeared to have been taken from the cargo. While the barge was on its way to Newton, a large barge was noticed lying off Coombe Cellars where Morey had his stores, and by the side this barge was a smaller one having a square stern. There were only two such barges with square sterns on the river, and one of these belonged to Frost, and from such a barge, 12 tons of coal were subsequently unloaded by Frost and delivered to Morey in his cellars. The coal was Walsend, and similar to that taken from the Fancy. On being questioned as to how he got the coals, Morey at first declined to make any statement, but subsequently produced a receipt for £10 10s, given by Frost for barging twelve tons of coal at 17s 6d pet ton, which was an absurd price for best Walsend coal. When Frost was questioned, he stated that he had only received £3 for twelve tons and when asked where he got the coals, he said he picked them up in the liver. Witnesses were called by the prosecution, who denied the facts as stated above. The prosecutor said the price of the class of coal referred to was 19s 6d per ton to the merchant. He never knew of any quantity of coal being thrown overboard, and the coal in Morey’s cellar was dry, and did not appear to have been in the river. Mr. Aubyn, on behalf of Frost, contended that there was no proof that any coal had been stolen. From the first Frost had dealt openly in the matter. There was no specific loss proved, and he should call the man in charge of the barges in question who would swear that the coal was in exactly the same condition when discharged at Newton as when loaded at Teignmouth. John Prowse, the lighterman, in charge of the barge in question, said he was originally charged with the prisoners with stealing coal, but dismissed by the magistrates. He would swear that no coal was taken from the barge during conveyance from Teignmouth to Newton. Other witnesses were called as to his character. Mr. Pitt-Lewis submitted that there was no evidence against Morey. There was no proof of any coal having been taken from the barge, and there was, therefore, no evidence to sustain a charge of receiving stolen goods. The jury found the prisoners guilty. Mr. Coleridge said he did not propose to offer any evidence on the second charge. His Lordship, in passing sentence, said he believed the jury had found a just verdict. Great facilities were afforded for robberies of property of this description, which it was difficult to protect, and it was necessary that the law should offer every possible protection. The prisoners were sentenced to eight months’ imprisonment each, with hard labour.
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Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901