Devon Quarter Sessions: First Court: the trials of prisoners were resumed in the Crown Court yesterday, before the Earl of Devon and W. H. Halliday, Esq.: Alleged Extensive Coal Robberies: John Frost, 52, bargeman, and Walter Morey, 32, coal dealer, were indicted: the former for stealing and the latter for receiving, twelve tons of coal, the property of John B. Pinsent. The Hon. Bernard Coleridge appeared for the prosecution; Mr. Molesworth St. Aubyn, M.P., appeared for Frost, and Mr. Pitt- Lewis for Morey. In stating the case for the prosecution, Mr. Coleridge said the evidence would be purely circumstantial. Teignmouth and Newton were about five miles apart, and a fleet of barges plied up and down the Teign between the two places. These barges took clay from Newton to Teignmouth for Messrs. Watts, Blake, and Bearne, and returned to Newton with coals. The schooner “Fanny” put into Teignmouth with a cargo of coals for Mr. Pinsent, coal merchant, of Newton Abbot, and this was delivered into barges for conveyance to the prosecutor’s wharf at Newton Abbot. The barges were started on the 13th and 14th of December and were in charge of Messrs. Watts’ men. The prisoner Frost owned a much smaller barge, which plied on the river, and the prisoner Morey had stores at Coombe Cellars, a place in the river midway between Teignmouth and Newton. Unless there were exceptional circumstances a barge could go from Teignmouth to Newton in one tide, but on the 13th there was an exceptional circumstance in the very strong tide, and consequently the fact that a barge starting from Teignmouth on that day did not reach Newton until the next morning did not excite suspicion. Events, however, had happened which led Messrs. Watts, Blake, and Bearne to take steps to see that the same quantity of coal that was shipped into the barges arrived at Newton. They accordingly employed their foreman to observe the barges loaded from the “Fanny,” and on Tuesday morning he saw on the arrival of the first barge that whilst the coal was two feet above the combing when it left Teignmouth, the cargo was below the combing when it reached Newton, and about six tons appeared to be missing. There was a second barge which was loaded in exactly the same manner, but which arrived the next day at the wharf; in this one there was somewhere about six tons less of coal than was put into it at Teignmouth. Subsequently twelve tons of coal were found in a barge belonging to Frost moored off Coombe Cellars. There were only two square-end barges upon the river. One of these belonged to Frost. Such an one was seen close to the second barge as it lay off Coombe Cellars, and from such a one belonging to Frost 12 tons coal were unloaded. These coals were delivered by Frost to Morey and taken by him to his cellars. When Morey was seen and questioned, he at first fenced, and then declined to give any information, but when pressed, admitted that he had had some coals from Frost. An inspection of Moray’s cellars led to the discovery that the coals were Northumberland Wallsend, the same sort of coal as that which was delivered from the Fanny and consigned to the prosecutor. When asked where he obtained these coals, Morey eventually produced a receipt for L. 10 10s, given by Frost for “barging” 12 tons of coal at 17s 6d per ton. Now, even accepting the curious term “barging” as intended to convey a sale, 17s 6d per ton was an absurd price for best Northumberland Wallsend coal, and it could never have been honestly sold at the price. But there was this further fact — that when Frost was seen he admitted that he only received £ 3 for these twelve tons, and when asked where he got them said he picked them up in the river. Setting aside possibility of a man picking up 12 tons of coal in the river, there was the fact that the coals in Moreys cellar were quite dry and clean and did not bear any marks of having been the water. During the examination of witnesses, it was stated that this kind of coal cost the merchants in Devonshire 19s per ton. Prosecutor said he had never known any quantity of coal thrown overboard in the Teign, most certainly the coal in Morey’s cellars had not been in the water and could not have been picked up the river. It was admitted that Morey produced the receipt given him by Frost when he was asked so, because he would thereby facilitate the enquiry that was being made. A witness was called who said although he was frequently by the river on the day the coal was delivered Frost to Morey, yet he did not see any coal there, and certainly no quantity approaching 12 tons. In the defence of Frost, Mr. St. AUBYN said it was admitted that the case was one of great importance all parties. On the main facts he was not at issue with the prosecution. But, a matter of fact, there was no proof that any coal had been stolen, because, although there were 30 tons weighed into the barge, there was no evidence whatever that the same quantity did not reach Newton, for the coal was not weighed out of the barge. The jury were asked to say that which no one else had been able swear to — that six tons of coal were stolen out of each of these barges. This coal was of a class that was common, and which anyone could purchase. A man was not bound to say where he got his goods and seeing that there had been some rumours flying about, Frost naturally hesitated to answer every question that anyone choosed to ask him. He admitted that the statement made by Frost — that he picked the coals in the river — was an absurd assertion, and he should think Frost must have been out of his senses when he made the statement, because it was “too great a lie” to be believed. Frost from the first dealt plainly and openly with the coals. He was a man of good character, and there was no reason why he should now be charged with theft. As he had said, was no specific loss proven, and he should call the evidence of the men in charge of the barges, who would swear that the coal was in exactly the same condition as to quantity when the barges reached Newton as when they left —John Prowse, a lighterman, still in the employ of Watts, Blake, and Bearne — but who was originally charged with the prisoners, but dismissed by the magistrates — was called, and swore that there was nothing taken out the first barge in its trip between Teignmouth and Newton.— Evidence was given as the good character of both prisoners. For the defence of Morey, Mr. Pitt-Lewis pointed out that it had been held that there was no evidence against Morey of having stolen the coals, and the question was whether received the coals from Frost — even if Frost stole them — knowing that they were stolen. In the first place the jury must be satisfied that the coals found in Moreys cellar were stolen, and if stolen, did he know that they were the proceeds of a robbery? The gist of the evidence against Morey was contained in conversation, but the cross-examination to which he had subjected some witnesses showed how unreliable evidence of this kind was. A verdict of guilty was returned against both prisoners, and after this Mr. Coleridge intimated that he would not offer any evidence on the second indictment. His Lordship said although it was painful to sentence men who had borne good characters for so long a period, yet there could be but little doubt the verdict was a right one. Property of this kind being so much exposed, it was necessary that the law should give it every possible protection. The prisoners would be each sentenced to eight months’ hard labour.
[see similar Exeter Flying Post: Wednesday 12th January 1881]
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