The Alleged Robbery of Coal: James Follett, Jonathon Prowse, Richard Myhill, George Millman, bargemen, appeared to their recognizance, and John Frost, in custody, barge owner, were charged with having on the 13th and 14th December stolen about 12 tons of coal, valued at £12, the property of Mr. John B. Pinsent, coal merchant, of this town. Walter Morey: Coal dealer, of Coombeinteignhead, also in custody were charged with receiving the coals in question knowing them to have been stolen. Mr. Creed prosecuted; Mr. May defended all the prisoners: The depositions taken on the last occasion and already published were read over and confirmed. Mr. Lang, foreman to Messrs. Watts and Co., in cross-examination by Mr. May, said that from the state of the weather on the days that the barges left Teignmouth, it was impossible for them to reach Newton by one tide, and consequently they would have to anchor in the river. It is usual on these occasions for the bargemen to leave their barges and go on shore. William Trust, smith, of Newton, who unloaded the coal for Frost from his barge to Morey’s cars, said in cross-examination that the coals were not weighed on delivery. There was nothing peculiar about them, only they appeared to be wettish: P.C. White, said when he went to Morey’s cellar at Coombeinteighhead to inquire about the coals he had unladed previous day at Archerbrook, Morey did not hesitate to show the coal, but refused to give any information as to who he got them from. They appeared as if recently taken from a vessel, large and small together, and perfectly dry. He subsequently produced a receipt he received from Frost for 12 tons of coal, at 17s 6d – £10 10s. It was a stamped receipt. Mr. Holmes, clerk to Mr. Pinsent, in continuation of his evidence, said the coal brought by the “Fanny” was Northumberland Wallsend, and was precisely the same sort as that found in Morey’s cellar. It was impossible to render that coal as Coombe Cellars for 17s 6d per ton; it was worth 21s per ton at Teignmouth. Charles Brewer, who was employed by Mr. Pinsent to weigh the coal from the “Fanny” said there were 30 tons put into each of the barges worked by the prisoners. The coal was not weighed again when discharged from the lighters. Charles Baker, who resides at Coombe, said he saw a lighter apparently laden with coals a short distance from Coombe Cellars on Sunday, the 12th, and another on the 13th, and on each occasion, there was a smaller barge near them. He could not say who the smaller barge belonged to. He saw Frost going from Coombe Cellars to Coombe on Monday night. George Martin, who also resides at Coombe, gave similar evidence as to the barges. He saw Frost at Coombe on Monday evening, the 13th, and again early the following morning. That was the case for the prosecution. For the defence, Mr. May argues as to the four bargemen. There was no evidence to show that they had any guilty knowledge of any theft of coal having taken place. It was proved in evidence that they did only that which was the common practice to do when the tide did not serve sufficiently, or the wind was contrary, for bargemen to moor their barges in the river, and then leave for their homes, and wait the next tide, leaving their cargoes unprotected. He submitted there was no evidence at all against them to send them for trial. The same argument he intimated, as to the guilty knowledge, applied to Morey. As regarded Frost, he had no doubt the Bench would commit him for trial, and consequently as regard him he should reserve his defence. George Scott and Henry Miller bargemen were called to show that it was the practice when men moored their barges in the river for them to leave and go their homes until the next tide. Prisoners did go with their barges, and if any robbery was committed it was during their absence. George Finnings, who resides at Coombe Cellars, had frequently seen a quantity of coal in the bed of the river between Teignmouth, gashouse and Teignmouth: As to the four bargemen, the Bench said that although there was strong suspicion attached to them, the evidence was not sufficient to send them for trial. They were consequently discharged. Morey and Frost were committed for trial to the Quarter Sessions. Bail was applied for and refused.
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Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901