AUGUST 12TH 1871
BANKRUPTCY - A liquidation petition has been presented in the case of William Henry Dewey, of Barton upon Humber, grocer and hosier &c. Creditors hold the first meeting on the 18th of August, at half past eleven o’clock, at the George Hotel, Whitefriargate, Hull.
POLICE COURT - MONDAY - Elizabeth Cousans was summoned by Elizabeth Beal for threatening to ‘do for her,’ and to show cause why she should not be called upon to enter into sureties of the peace.
Defendant was called upon in the usual manner to show cause.
Defendant (to complainant): “Didn’t you abuse me before I struck you in my own house?”
Complainant: “No I didn’t. I have a witness.”
The Clerk: “What name?”
Complainant: “Sarah Fussey.”
Defendant: “No she is not called Sarah Fussey, her name is Sarah Popple; she lives with a man unmarried; I have a witness to prove that.”
Sarah Fussey, an elderly, respectably dressed woman then stood forward and was about to give her evidence when the further hearing of the case stood over while a felony case was called on.
On the case being resumed an assault summons between the parties was heard - viz, Elizabeth Cousans v Elizabeth Beal.
On the first of August the defendant pleaded guilty to the assault, but pleaded extenuating circumstances.
Complainant deposed that she was in her own house when the defendant threatened to murder her. The defendant struck her with a hand brush several times on the head, severely hurting her.
Sarah Fussey deposed that she heard the defendant abuse the complainant and saw her strike her several times on the head and back.
William Stamp also gave corroborative evidence and said that he saw the defendant strike the complainant some heavy blows.
The defence was that the complainant had abused the defendant very much for some time.
Maria Dinsdale was called for the defendant and deposed to some abusive language being used by the complainant for some time, and a system of persecution being pursued towards her.
The Bench dismissed the summons for sureties, and fined the defendant 5s and 10s costs.
John Watson was charged with stealing an overcoat, the property of George Hewitt, at Horkstow on the 21st December 1870.
The coat was left safe by the prosecutor, who is waggoner to Mr. J.B. Swallow, at Horkstow, on the Monday night, and next morning it was gone.
Prosecutor identified the coat produced as the one he had lost.
John Hewitt, foreman at Mr. Swallow’s, gave similar evidence.
P.C. James Brown deposed that on the 31st of July he fetched the prisoner from Parliament Street Police Station, Hull. He charged him with this offence, and in reply prisoner said Slenderman had stolen the coat and had brought it on board his boat, and said that his uncle had given it to him.
The prisoner had recently been confined in Beverley Gaol.
Police Sergeant James Garrot of the East Riding of Yorkshire Constabulary, stationed at Welton went to Hull with another Constable and examined a small boat in the old river.
Prisoner was on board, and in his possession they found 15 geese, and amongst other articles, the coat now produced.
He charged the prisoner with stealing them but he denied it.
Witness apprehended two men, named Baker and Western alias Slenderman, the latter being seen to leave the boat at Hessle.
These two men were acquitted at the January Sessions at Beverley.
Prisoner was found guilty and received six month’s hard labour.
The prisoner pleaded guilty and electing to be tried by the Bench, he was sentenced to two month’s hard labour.
LARCENY BY A SERVANT BOY - John Henry Starkey was charged with stealing nine sovereigns, the property of Mr. Charles Brant, his master at Immingham on the 20th July. Mr. Mason appeared for the prosecution.
The money was placed in a box in the prosecutor’s bedroom, and was seen safe on the night in question about 8 o’clock.
Between nine and ten o’clock the prisoner came downstairs in his shirt and said someone had got into the house.
A search was made but no person was found.
The money was gone and [the] next day the prisoner was taxed with the offence.
The police were sent for and the matter was investigated.
Superintendent Thoresby put some questions to the prisoner which led him to believe that he had planned and executed the robbery.
The prosecutor declined to have the prisoner taken into charge at that time.
He afterwards absconded and was apprehended on a warrant at Leicester by P.C. Swaby.
He had 26s in money and about £4 worth of new clothes in his possession.
The prisoner pleaded guilty and was sentenced to four month’s hard labour.
AUGUST 19TH 1871
The plates, with the names of the streets, which were ordered by the Local Board, are now being affixed in the different localities.
A large shoal of porpoises were observed chasing a salmon in the River Humber, near New Holland a few days ago. The pursuit was so eager that the salmon was seen jumping out of the water in all directions.
Our obituary of last week chronicled the demise of Mr. John Dannatt, aged 62, a member of the Local Board, and a valuable member of the Highway and Works Committee, whose practical knowledge and strong common sense were invaluable on questions affecting not only the highways but every department of public business.
Mr. Dannatt formerly resided at Barrow, where for upwards of a quarter of a century he held various offices connected with the parish.
Mr. Dannatt was taken seriously ill on the 5th of August, and on the 11th inst. He changed mortality for immortality.
Mr Dannatt will be long remembered as a genial and kind hearted man.
The funeral of the lamented gentleman took place on Sunday last at the cemetery.
The hearse and mourning coaches were followed by a number of private carriages.
Several of the members of the Local Board were also in attendance.
Mr. J.J. Cape, of Barton was the undertaker.
SALE OF GROWING CROPS - Mr Edward Small offered by auction, at the Wheat Sheaf, Barton, on Wednesday evening, a quantity of wheat growing on the lands in the occupation of Mr. Isaac Hunter.
The first lot, a field of nearly two acres of wheat was bought by Mr. James Clapson at £11 5s per acre.
Lot 2, a piece of wheat growing in a field abutting on the highroad to Ferriby, was bought by Mr. John Burnett at £14 per acre.
Lot 3 was sold to Mr. John Morris, brick manufacturer, at £14 per acre.
Lot 4 was sold to Mr. W.H. Eddie at £15 per acre.
Lot 5 was bought by Mr. John Bugnett [sic] at £16 15s per acre.
The straw, which was to be taken off the premises in a month, was sold with the wheat.
At the same time a field of clover (second crop), of about four acres was offered. It was divided into two lots; Mr Hewson purchased both lots at £3 per acre.
PETTY SESSIONS - MONDAY - The license of the Hope and Anchor Inn, Ferriby Sluice, was transferred to Mr Westley Grant from Mrs. Oswell, on his marriage with the latter.
The wine license held by Messrs. W. Spink and Co., Barton, was temporarily transferred to Mr. Chas. Hunt, Grocer, who has taken the business.
An information laid by Robinson Boder [sic] against a neighbouring farmer for alleged damage, injury and spoil, to the amount of sixpence, by breaking down the bank of Halton Beck, adjoining Thornton Abbey, was dismissed, it having been shown by a respectable witness that the complainant had said that he would not have laid the information were it not for having been fined for shooting pheasants without a certificate, on the defendant’s information.
Poor rates for Goxhill and East Halton were allowed by the magistrate, the former at 4d in the pound.
A highway rate was allowed for Thornton Curtis.
There was a long hearing of a summons in Bastardy, preferred by a girl named Sarah Walker against Martin Beedham, a married man.
Both parties reside in Moody’s Row, Westfield Road.
Mr. Mason appeared for the defendant, against whom the Bench made an order for 5s a week for the first six weeks and 1s 6d per week afterwards, with costs of order and 13s costs and travelling expenses of a witness.
AUGUST 26TH 1871
Some vile miscreant has for some time past been cutting, apparently with a pocket knife, the guidepost at the junction of the Caistor and Burnham Roads near Major Uppleby’s farm.
The post has been nearly cut away and the guide boards entirely disfigured.
The gates on the various farms have in like manner on the same roads been cut away, and the nuisance become intolerable.
We trust the police will be able to discover the delinquent.
POLICE - TUESDAY - William Thomas Cuthbert, a boy 14 years of age was charged with doing wilful damage, injury and spoil to an apricot tree growing in the garden of H.E. Mason, Esq., Solicitor, Whitecross Street, Barton.
The prisoner’s father lives in a house adjoining Mr. Mason’s garden, and for some time fruit has been repeatedly missed.
On the morning of Monday last, Police Constable Swaby was on the watch in the greenhouse and saw the prisoner descend from the wall down the apricot tree into the garden.
Prisoner went into the greenhouse and when asked by the policeman what he wanted, he replied, “a few grapes.”
Swaby took the prisoner into custody and he was locked up until this morning.
At the earnest solicitation of the prisoner’s father the magistrate consented to take the case as one of wilful damage, the lad being originally charged under The Vagrant Act, under which there was no alternative, if convicted, but imprisonment.
The prisoner was fined 10s and 15s costs, in all 25s. Paid.
SALE OF GROWING CROPS - On Monday evening Mr. E Small sold by auction, at The George Hotel, eight acres of wheat growing on land lately occupied by Mr. Jervis Watson, which fetched from £14 to £14 12s. 6d. Per acre, with the straw to be removed from the premises.
Noticed in the adjacent Brigg Petty Session Reports:
John Robinson of Barrow, farmer, was summoned by the guardians of Brigg Union to show cause why he should not contribute to the support of three of his grand children. Adjourned.
SEPTEMBER 2ND 1871
LOCAL BOARD - FRIDAY - Present, W.H. Eddie Esq., (Chairman), Messrs. John Wilson, John Morley, John Wood, William Tombleson, W.H. Sissons, Robert Winship, Wm. Dewey, John E. Hall, W.M. Rawson, W. Cross, and Wm. Waddingham.
The Chairman read the notice calling the meeting, and the clerk the minutes of the previous meeting, and of the meetings of the committees, which were confirmed on the motion of Mr. Hall, seconded by Mr. Wm. Tombleson, and carried nem dis.
The minutes of the Streets Naming Committee were passed on the motion of Mr. W. Tombleson.
A vote of condolence to Mrs. Dannatt and her family on their recent painful bereavement was proposed in appropriate terms by Mr. W.H. Sissons, and seconded by Mr. John Wilson, who stated that he had known the late Mr. Dannatt for upwards of forty years, and a most warm-hearted friend and neighbour and excellent citizen he was, as well as a useful member of the Local Board, and his loss was much deplored.
The motion was carried unanimously and the clerk was requested to communicate the vote to Mrs. Dannatt.
On the motion of Mr. Hall, seconded by Mr. Wilson, authority was given to the collector to enforce the arrears of rates now outstanding.
The estimate for the general district rate (£485) at 1s in the pound was laid on the table and ordered to be prepared, on the motion of Mr. Waddingham, seconded by Mr. Rawson and carried nem dis.
Mr Wilson proposed the appointment of Mr. Dewey on the Highway and works committee, in place of the late Mr. Dannatt, and Mr. Wm. Tombleson seconded the motion.
Mr Rawson proposed Mr. Sissons, and Mr. Hall seconded.
On the show of hands there were six for Mr. Sissons, and two for Mr. Dewey; there being not a clear majority of the Board the motion was negatived by the byelaws, but Mr. Dewey at once retired in favour of Mr. Sissons, who was then elected by a show of hands.
A notice was on the paper for filling up the vacancy caused by the death of Mr. Dannatt, which the Board decided should not be filled up.
The Chairman called attention to the defective state of the drainage in Whitecross Street.
The drain was without a bottom and the sewage was percolating into the wells.
Mr. Mason’s well was unfit for domestic purposes in consequence. Some water from that well had been examined by Dr. Bennett and found full of offensive vegetable matter - especially fungi.
He (the Chairman) said something should be done or The General Board of Health would send down an inspector and compel them to do something in the matter.
After some words from Mr. Rawson, who was in favour of filling up the adjacent ash-pits, Mr. Morley showed some water drawn from a well on the opposite side of the street, which exhibited some lively specimens of animalculae to the naked eye.
Mr. Cross moved, and Mr. Hall seconded, that the whole question be referred to the Highway and Works Committee, to inspect and report thereon.
Mr. Dewey reported a great nuisance on premises in King Street, caused by decomposing matter being allowed to remain in a yard.
It was ordered to be attended to by the Inspector of Nuisances.
POTATO SALE - On Monday evening at the Wheat Sheaf Inn, Mr. Edward Small offered for sale by auction six acres of potatoes, three of which are growing in a field in the occupation of Mr. Isaac Hunter, on the Ferriby Road, and the remaining three acres in a field on the Westfield Road, in the occupation of Mr. James Tombleson.
The potatoes were put up in rood lots, and realised from £3 10s. to £5 per rood, or on other words, from £14 to £20 per acre.
There was a large attendance of purchasers, and a brisk and most satisfactory sale.
PETTY SESSIONS - MONDAY - This was the annual licensing meeting. There was not a complaint against any holder of a license. This is especially noteworthy as four additional parishes have been added to this division by the recent order of the Quarter Sessions.
The license of the Fox Inn, Ulceby, which had been allowed to lapse, was granted afresh to Mr. Jewitt, and a report of the facts was ordered to be sent to the Secretary of State.
John Davidson was charged with allowing his horse to stray on the highway at Ulceby. Fined 1s and 4s costs.
John Dinsdale, farmer, North Killingholme, was charged with allowing 24 sheep to stray on the highway on the Eastfield Road.
P.C Simons proved the case.
The defendant said the lambs had been weaned only the day before, and the ewes had got out of the field to go to their lambs.
Fined 1d each sheep and 4s costs.
Defendant: “It’s a great shame.”
The Chairman: “If you are not satisfied we can fine you 5s each animal instead of fining you a penny each.”
Defendant: “I am satisfied with you Sir.”
The money was then paid.
Several other cases of a similar nature were then disposed of.
A woman named Glover, charged another woman named Salmon with assaulting her at South Ferriby.
There seemed to be faults on both sides and the Bench dismissed the case.
James Clapson was charged with permitting his horse to stray on the highway.
P.C. Swaby proved the case.
The defendant said that although he hired the lane, he had not turned the horse upon it; it had got out of a ???? through the fences being broken down by lads for firewood.
Mr. Tombleson: “You should summons the lads and bring them here, and the magistrates will deal with them.”
Defendant: “But I must catch ‘em first. I cannot catch ‘em.”
The Bench charged the defendant 1s and 4s costs.
Petroleum licenses were granted to Mr. Edward Thompson of East Halton, grocer, and Mr. George Canty, Market Place, Barton, ironmonger and brazier.
A license was refused to Mr. Joseph Bentley, Druggist, Barrow upon Humber, on the ground that his proposed place of stowage was not sufficiently distant (in the opinion of the majority of the Bench) to be safe.
NON PAYMENT OF PAROCHIAL RATES - WHO IS LIABLE? - Charles Stow, assistant overseer and assistant surveyor for the Parish of Ulceby, summoned John Story for the non payment of upwards of £26 for three several poor rates and two highway rates due to that parish.
Defendant (to the Magistrates): “I am not liable; I do not occupy the farm. My son has been on the farm and has failed.”
Mr Stow was sworn and proved that the defendant’s name was on the rate book, and that he was also tenant of the farm.
The defendant had complained that the Parish Officer had disfranchised him by his name not appearing on the jury lists.
The complainant admitted that he had not asked the defendant for a rate for two years, although his name was on the rate book for that period.
The magistrates made an order for the payment of the amount, in default a distress warrant to issue.
SEPTEMBER 9TH 1871
Mr David Cobb, of the Humber Whiting Mills on the Waterside Road, has recently given his workmen and their wives their annual treat.
On this occasion the town of Sheffield was chosen by the party, and after a visit to the Botanical Gardens and the other lions of the place, they returned to Barton, well pleased with their day’s outing, and grateful to their employer for his great kindness.
PROPERTY SALE - On Monday evening Mr. E. Small offered for sale at the George Hotel, the following property:-
Lot 1, all that substantial and well established wind and steam flour mill on the South Ferriby Road, in Barton, with the dwelling house, garden, cowsheds, piggeries, granaries, and other buildings thereto belonging, and with the engine, machinery and fixtures of the said mill and adjoining buildings, and also two parcels of grassland adjoining the said mill and premises, the whole containing together one acre, two roods in the occupation of Mr. Isaac Hunter.
The last bid was £850 by Mr. J. Pocklington, who has since bought the lot for £1,250.
Lot 2, all that close of excellent arable land on the South Ferriby Road, Barton, containing one acre, three roods and six perches, was bought by Mr. Joseph Pocklington for £270.
Messrs. Nowell and Priestly, Barton, were the solicitors to the vendor, Mr. Isaac Hunter, of Barton.
SEPTEMBER 23RD 1871
SPECIAL SESSIONS - MONDAY - Thomas Coopland, roper, Barton upon Humber, was summoned for assaulting Tamar Dixon, a married woman, on the previous Monday evening in the Butchery, at Barton.
The complainant deposed that she was in the Butchery on the night in question, when the defendant put his arms round her.
She struck him, whereupon the defendant struck her violently on the face and blackened one of her eyes.
Defendant said that he did not strike the complainant until he received a blow from her.
The Bench fined the defendant £1 and 9s. Costs or one month’s hard labour.
William Taylor, a young man apparently of vagrant class, was brought up on remand, charged with being in the premises of Mr. Laming on the Burnham Cross Road, on the 15th inst.
The prisoner attempted to get into the house by climbing up a barn door which was near one of the windows.
The wife of the prosecutor, saw him, however, and called to her husband who was at work in some adjoining fields.
The prisoner got away but was overtaken by the prosecutor and given into custody of the police.
Sentenced to two month’s hard labour.
Martin Beedham, a married labourer, with several children, was brought up in custody of the police on a warrant to show cause &c.
Order made for the payment with costs, or in default a distress warrant to issue.
SEPTEMBER 30TH 1871
BRIGG UNION CONTRACTS - The contract for good seconds wheaten bread, at per 4lb loaf, has been again given to Mr John Todd, baker and confectioner, 24 Fleetgate, Barton.
PETTY SESSIONS - MONDAY - The Cattle Plague Committee sat this morning before the public business was taken. Their Worships took their seats at twenty five minutes to twelve, instead of eleven o’clock at which hour the summonses were returnable.
A case of plum stealing by boys from East Halton was settled out of court, by payment of costs and damages. Mr. Thomas Leary was the prosecutor.
William Hall, veterinary surgeon, South Killingholme was summoned for not having his child, William Hall, successfully vaccinated.
The information was laid by Mr. George Wright, relieving officer, and registrar of births and deaths for the Barton District.
Mr. Hall did not appear, and a warrant was granted for his apprehension.
These were the annual sessions for passing constables accounts, and the revision of the jury lists for the 15 parishes in the petty sessional division of North Yarborough.
The assistant overseer of the parish of Barrow on Humber produced his list of persons qualified to serve on juries, but had omitted to make out a list of special jurors viz, merchants and farmers assessed to the relief of the poor to the amount of £300, or paying inhabited house duty to the amount of £40.
The court had to be adjourned till Saturday next to remedy this omission, when the assistant overseer must produce a new list or pay a heavy penalty.
A case involving the law of master and servant of unusual interest was heard today from Ulceby.
Two men had been hired as harvesters at £1 a week and their victuals. The term of agreement was one month, and was entered upon on the 21st of August.
The men were paid the £4 to which they were entitled but they sued for 10s each for victuals and lodgings on the Sundays in the month.
The defence was that it was optional whether the men, who lived in the village, were provided with food on a Sunday.
The Bench decided in favour of the men, awarding 6s to one for food at 1s 6d a day for four days and the other 4s 6d for three days.
In the jury list for South Killingholme, Mr. George Houlton was on the special jury, he farming lands in two parishes, which together were rated at upwards of £300 to the poor.
The overseer had bracketed the two together and returned them at £300.
The clerk considered that the qualification must be the occupation of lands in one parish only to that amount, and not in two parishes.
Mr. Tombleson said in the case of Income Tax a man’s property in different parishes was calculated together, and he thought that in this case it should be the same.
The Chairman said the return was, in his opinion, made according to the spirit of the Act of Parliament, and the qualification ought to stand the same as if the land was in one parish.
Mr. Houlton’s name was, therefore, allowed to stand as that of a special juror.
In the return for the parish of East Holten, produced by Mr. George Evington jun, the name of a person rated at £216 was struck out of the special jury list.
The overseer (Mr. Charles Stow) for the parish of Ulceby produced a printed list of persons qualified as special jurors. This was commended by the Chairman, after enquiring as to the origin of this useful innovation.
Mr. Stow informed his Worship that it was in accordance with the Act of Parliament to have the thing printed.
James Clapson, Barton, was fined 6s and 4s costs for unlawfully permitting two cows and one horse to stray on the highway.
P.C. Swaby proved the case.
A petroleum license was granted to Mr. Charles Hunt, grocer, Barton on Humber.
OCTOBER 14TH 1871
BARROW-ON-HUMBER RACES - Yesterday (Friday) these popular races took place in a field near the cemetery in the occupation of Robert Dee Esq.
The following were the results: -
Barrow on Humber Stakes - This race was run in heats and was fairly contested. There was however, little speculation on the event.
Mr. C. Burkhill’s ‘Little Hutton’ was the favourite, and absorbed all the betting.
First Heat - Mr C. Burkhill’s b g ‘Little Hutton,’ 4 years, 9st 11lb (Searby), 1;
Mr T. Green’s b g ‘Billy of the Glen,’ h b, aged [sic], 10st 2lb (Etherington), 2;
Mr. Sheldon’s h b ‘Malta,’ aged [sic], 3;
Mr T. Lingard’s h b, ‘Ascurdes,’ 6yrs, 0;
Mr. Mason’s ‘Lampado’ aged [sic], 0
Second Heat - ‘Billy of the Glen’ 1
‘Little Hutton’ 2,
‘Ascurdes’ 3,
Third Heat - ‘Little Hutton’ walked over.
Farmer’s Race - First Heat - ‘Little Hutton’ 1,
‘Billy of the Glen’ 2,
Second Heat - ‘Little Hutton’ walked over.
PETTY SESSIONS - MONDAY - William Hall, veterinary surgeon, North Killingholme, a person who has given the authorities considerable trouble in these matters, was summoned by Mr. George Wright, registrar of births and deaths for the Barton district of the Glanford Brigg Union, under the provisions of the Compulsory Vaccinations Act 1867, for not having his child vaccinated.
The defendant had received notice from the local authority (the complainant), to have the child successfully vaccinated, but had not complied with the notice.
The defendant said the child had been vaccinated by himself, but not successfully.
He believed the medical men were not sufficiently careful in the manner in which they performed the operation.
The bench made an order for the child to be vaccinated within a month, and also for the costs to be paid by the defendant, who has been four times summoned for this offence - twice at Brigg and twice at Barton.
George Appleyard, a respectable young man, 21 years old, was summoned by John Rogerson, rope maker, Finkle Lane, Barton, who was represented by Mr. Priestley (Nowell and Priestly), for refusing to obey his lawful commands.
Mr. H.E. Mason (Clerk to the Board of Health), defended.
Mr. Priestley, B.A., in opening the case, stated that the alleged misconduct was in the leaving of his master’s service on Tuesday, the 3rd of October, he having on that day attained his majority.
Mr. Priestley contended that an engagement to marry contracted during an apprentice’s minority could be set aside on the apprentice attaining his majority, but an infant could bind himself in a contract which was for his own benefit, and that the Master’s and Servant’s Act made such provision.
Mr. Priestley recited that portion of the section of the Act which he considered supported his view of the case.
The defendant was bound by indentures to serve the plaintiff from the 4th day of June 1866, for a period of seven years, 5½ years of which term were completed, leaving 1½ years to serve.
There was no cause of complaint other than this between the parties, both master and servant being satisfied with each other.
The defendant, an apprentice, had given notice to his Master that he should leave his service on the day in question if his wages were not raised.
The Master had other apprentices, and the influence of such examples would have a pernicious affect upon their minds.
The complainant (John Rogerson), was then sworn, and deposed to the facts already stated by his advocate.
Mr. Mason after briefly cross-examining the complainant, said that his friend, Mr. Priestley had given a new view of the case, but he (Mr. Mason) must say that the law gave the apprentice an opportunity of dissolving the contract, under which he had served, on attaining his majority.
Section 2 of the Master’s and Servant’s Act 1867, includes and names the words ‘Labourer, Servant and Apprentice’ but the section did not give the magistrates any power to make an apprentice work after he was 21 years old.
Quoting from Chitty’s “Burns’ Justice of the Peace in the exparte Davis” which was a case similar to the one then under consideration, if not precisely on all fours with it. Lord Kenyon said, “It is clear the apprentice must be discharged.”
Mr. Mason handed the case for the inspection of their Worships.
Maria Appleyard, mother of the defendant, was called to prove the age of her son George, when Mr. Priestley interposed an objection that the mother was not the best evidence of that fact.
The Bench overruled the objections. Their Worships retired to consider the case and on their return into court, The Chairman said we feel the case is one of great difficulty and we adjourn our judgement on it for a fortnight.
Mr. Richard Day, shipbuilder, New Holland, charged Moses Starkey, his apprentice, with using obscene and offensive language to the foreman of the yard, John Routh, who proved the case.
The offence took place on the 29th ult.
Mr. Priestley was for the complainant.
The defendant has yet 2½ years to serve.
The Bench fined the defendant altogether 19s., which was paid, the Chairman informing the defendant that he had made himself liable to a £20 penalty.
Arnold Ellot, a gipsy, was charged by Mr. Superintendent Thoresby with unlawfully permitting two horses to stray on the highway at the Parish of North Killingholme, in July last.
A man named Richard Winters, also a gipsy, had been summoned for this offence but he said the horses were not his, and the defendant (Arnold Ellot) had in the most straightforward manner come forward to Mr. Thoresby and taken responsibility for the offence. The Bench remarked that the defendant had acted well, and fined him the lowest penalty, viz, 1s. For each horse.
COUNTY COURT
THURSDAY - The registrar, R. Brown disposed of 46 cases, which were undefended, before his Honour took his seat, leaving 18 cases for the judges decision.
A number of claims were brought by J. J. Cape of Barton, against several defendants for small amounts of drapery goods, sold and delivered and obtained judgement in all the cases.
JOHN MAGER v JOHN YORK and BENNETT v JOHN STORR jun. were judgements by default or by consent and orders made for payment thereon.
On His Honour taking his seat, Mr. Mason asked for the case of POCKLINGTON v HORRONSHAW to stand over to the December Court as a set off had been pleaded by the defendant, but not within the first five days which the law allowed.
His Honour said the case might stand over as required, the costs to abide the event.
Mary Ann Gilroy v Edward Blackbourn - This was a claim against the Barrow Death Brief established in 1840, brought by the plaintiff as executrix and widow of a deceased member, for the burial money, which stood for the decision of Mr. Teed today, who had not arrived. Adjourned to the next court.
John Goodwin v Patrick Navsey - The plaintiff in this case did not appear, and His Honour granted the defendant, who was an Irish Labourer, employed at the Frodingham Iron Works, 3s for his day, railway fare from Appleby station and back and expenses. The amount of the claim did not transpire.
May v Westoby - The parties in this action reside at New Holland, and the claim was for 1s 6d balance of money lent, 1s 6d for interest, 1s 6d for carrying a load of potatoes, and also 1s 6d damage done by the defendant’s fowl to plaintiff’s pasture lands.
The defendant paid into court a portion of the claim.
His Honour gave judgement for the plaintiff as to the fowls, ordering the defendant to pay the costs only for the nuisance caused by them, His Honour remarking that it was a continuing trespass and the defendant must stop it.
Rachel Brice v Samuel Gibson - In this case which was decided six months ago in favour of the plaintiff, His Honour had, at the last Court, granted a new trial at the request of Miss Brice, the defendant.
The claim was sixpence for repairing a box and affixing a lock, which was loose to the same.
His Honour, on seeing the plaint note said, “What, sixpence?” (laughter).
Plaintiff, in answer to the judge, said it was for the balance of account for work and labour done, and materials found and provided. The whole charge was 2s 6d., 2s of which had been paid before the box was again sent for repairs.
Miss Brice said the lock fell into her hands; the work was very badly done.
His Honour said to the plaintiff, “You give a bill like a lawyer; I find fourteen nails set down.”
Plaintiff: “Yes Your Honour, and screws were also found, and time and labour.”
His Honour ordered judgement to be recorded for the plaintiff, with the costs of the case.
John Levick v Daddy - This was an adjourned case from the last court, for the production of a witness.
Up to the 29th of November one of the plaintiff’s cottages was occupied by a person named John Metcalf, as a yearly tenant.
Metcalf, wanting to leave, introduced Daddy as tenant for remainder of the term.
Daddy was accepted by Mr. Levick, but was to pay his rent monthly.
The rent was £4 10s per annum.
Mr Mason, for the defendant, contended that it was a monthly tenancy.
The defendant said he did not see the plaintiff till he paid him the month’s rent.
The plaintiff denied this statement.
Mr. Mason said the mode of payment was altered, and it was only fair to consider that the mode of tenancy was likewise altered.
His Honour gave judgement for the plaintiff for 15s for two month’s rent and costs at 15s. per month.
Driffield Legard v John Elwick Meggitt - Both parties to this action reside at Barton, the plaintiff being a retired farmer and the defendant a brewer.
The plaintiff and the defendant both purchased property at Barton, on which there was at that time, a unity of title as belonging to one person, viz Mr. Thomas Bennett, the locus in quo.
The property is in Finkle Lane, Barton, and for many years occupied by Mr. Jervis Watson.
It was stipulated in the condition of sale that the purchaser of lot 12 should erect a fence and forever maintain it.
The plaintiff, Legard, had erected that fence wall and had gone right through the defendant’s buildings with the wall, cutting away a portion of the chamber of a barn (which was formerly a cottage) included in the defendant’s purchase.
He erected a wall(9 inches) upon and through the building and the defendant knocked the wall down.
Another wall (4½ inches) was erected, which the defendant also knocked down, as being, like the first one, an encroachment on his property.
That was the ground of the action.
The matter in dispute had been referred to Mr. William Tombleson, who found that Mr. Legard had exceeded his legal rights when he built the wall beyond his boundary.
He also further found that the error had been caused by the incorrectness of the plan; and further by Mr. Meggitt refusing to assist Mr. Legard in the setting out of his boundary wall.
All this, the referee went on to state, was done in error and unintentionally.
His Honour read these portions of the award made by Mr. Tombleson, but could not concieve what was meant by the 9 inch gable end.
The question was then narrowed to the point - Was it a 9 inch or a 4½ inch wall?
Mr Stamp, builder and surveyor to the Board of Health, was requested by the judge to examine the locus in quo, and on his return, Mr Stamp said the wall had been measured by him, and found it to be an old wall 4½ inches from top to bottom, and, except the chimnies, the cottage was of ordinary description.
Mr. Summers and Mr. Mason addressed the jury, who had been to examine the place, and His Honour said both cases could be considered at once.
Mr. Mason: The Second Case. Which was one of Meggitt v Legard, for £5 damages, was not for the jury’s, but for His Honour’s decision.
His Honour said there was but a very small question of law in this case - it was principally one of facts for the jury.
His Honour then addressed the jury. He said that Mr. Tombleson was not open to any observations for his good offices towards the defendant.
The case was one which arose from the defective ground plan in giving 9 inches instead of 4½ inches.
Legard had exceeded his legal right in placing his wall within lot 10.
The extent of his purchase was the wall as it was now, and as it was intended to be delineated by Mr. Idell, the surveyor.
Whether or not Mr. Legard had a right to put his wall 4½ inches beyond that which existed at the time he purchased, or was awarded by Mr. Tombleson, or practically existed in the minds of all persons who purchased.
The jury found for the defendant in all the issues.
His Honour gave a verdict for the plaintiff in the case Megitt v Legard with 40s. damages.
Mr. Mason asked as to costs which were very heavy, but they must fall upon someone, and if gentlemen will deal in law, they must pay for it.
Doubtless it was an expensive luxury, but, you know, lawyers must live.
His Honour then made an order upon Mr. Legard for the costs in each case.
Ebenezer Stark Howson v James Clapson - The plaintiff, a cottager at Goxhill, sued the defendant, a fellmonger at Barton, for £4 10s, the price of a pointer dog, sold and delivered on the 9th of August, and returned in September last.
Mr. Mason appeared for the plaintiff, and Mr. Priestley for the defendant.
The plaintiff advertised a first class pointer dog for sale.
Clapson, the defendant bought it for Mr. John Tombleson, who tried the dog and found it deficient of the faculty of pointing.
The dog was returned, hence the action.
His Honour said it certainly was not a first class pointer and he would give a verdict for £2 but without costs.
Verdict accordingly.
Dickenson v Burt - Plaintiff a widow, sued the defendant for a small amount for his wife’s lodgings during a temporary separation.
The defendant repudiated the claim and said women were the bane of society.
His Honour: “Don’t you know the old song?”
Defendant: “I’ve song enough.” (Laughter).
His Honour: “ Needles and pins, needles and pins, when a man’s married his trouble begins; That’s the song and you must pay the piper.” (Laughter).
Verdict for the plaintiff, with costs.
Wray v Hunter - Mr. Mason for the plaintiff, a coal dealer at Ulceby who claimed £4 4s for coals from the defendant, George Hunter, machine maker, Ulceby.
Defendant said he had not weight - he had 1½ tons short.
Plaintiff said he had a truck of coals from Mr. Franks, six tons weight and they were sold to the defendant who had made a set off.
Verdict for 7s less than the claim, allowing the defendant’s set off.
The Rev. O.O. Marriott v George Richardson - This was a case of mortuary fees from the parish of Goxhill.
Adjourned to next Court.
OCTOBER 21st 1871
BURIAL BOARD - ELECTION OF GARDENER AND GROUND KEEPER FOR THE CEMETERY - On Monday evening the burial board met at St. Mary’s vestry, The Rev. George Hogarth, M.A., chairman of the board, presided.
The election of gardener and ground keeper in the ???? of A.B. McCallum, resigned, was proceeded with.
There were 21 candidates.
The candidates having the highest number of votes were Thomas ???om, Selby, late groom and gardener at Providence House, and Robert Hare, Barton on Humber, who had five votes each.
The chairman gave his casting vote for Hare, who was therefore duly elected.
THE BEAUMONTCOTE CLOTHING CLUB - This club which is ably managed by the lady patroness, Mrs. Wm. Hesseltine, has arrived at the end of another financial year, and warm and suitable clothing has been distributed to the labourers and their wives, who are its members, by Mr. J. Cape., the draper to the club. Much credit is due to Mrs. Hesseltine, who originated and carries out the club, for her painstaking care and supervision in the matter, and her encouragement of frugal habits amongst the working population.
OCTOBER 28TH 1871
PETTY SESSIONS - MONDAY - THE LATE MASTER AND APPRENTICE CASE - Mr. Mason appeared on behalf of the apprentice, George Appleyard, who had refused to work for John Rogerson, his Master, under his indenture of apprenticeship, as a roper, at Barton on Humber, after he attained his majority.
Their Worships had adjourned the case from the last petty sessions to consider their judgement on the matter.
Mr. Mason asked permission to address a few words to the Bench on the matter before judgement was given.
The Chairman said Mr. Mason might do so, but he thought the magistrates had fully made up their minds in the case.
Mr. Mason said the facts of the case as well as the law there-on lay in a very small compass.
The new Act of Master and Servant altered the law on the case, but did not give a remedy where there was none before.
He ventured to say that there were many cases where in which the law bound an infant before he was twenty one, but would not compel him against his will after he had attained his majority, and defendant therefore had a right to determine his apprenticeship after he was twenty one years of age.
The Chairman said the Bench had considered the matter carefully. It might be a hard case against the Master, but the Bench had examined many cases on both sides, and they thought it the safest course to dismiss the summons against the apprentice.
The costs will fall upon Mr. Rogerson.
HIGHWAY CASES - Mr. Theodosius Edward Green appeared in answer to a summons taken out as against Mr. Dawson Green, farmer, Barrow, for allowing a cow to stray on the highway in Green’s Lane, Barrow.
Defendant objected to the summons as it had not a Magistrate’s signature; but the Bench left it to the defendant whether he would be tried on the present imperfect summons, or have a fresh summons issued for the next petty sessions.
The defendant then elected to have the case decided at the present sessions.
In defence he said that it was by accident that the cow was straying in the lane.
The Bench fined the defendant 1s and 4s costs.
John Ransome was fined 1s and 4s costs for permitting a steer to stray on the highway at Habrough.
John Rose, for permitting a steer, his property, to stray at Habrough on the 28th of September, was fined 1s and 4s costs.
Hannah Moore was fined 2s and 4s costs for allowing two cows to stray at Habrough on the 28th ult.
INTEMPERANCE - George Holton, charged with being drunk and disorderly, was fined 5s and costs.
Wm. Dixon, who did not appear, was charged with being drunk and riotous at Goxhill. P.C. Staniland proved the service of the summons and also the commission of the offence.
The magistrates decided to fine the defendant 10s and costs for not appearing.
Several other cases of drunkenness were also disposed of by the usual fine of 5s and costs.
LETTING OFF FIREWORKS IN THE PUBLIC STREETS - Alfred Pickard, a little boy, was fined 6d and 8s and 6d costs, for letting off fireworks in the public street, Barton.
Superintendent Thoresby said he did not wish to press the case, but last year a boy was badly hurt with a similar thing, and there had been many complaints about the nuisance.
ALLEGED ASSAULT AT NEW HOLLAND RAILWAY STATION - William Hood, a respectable young man, a porter in the service of the M.S. and L. Railway Company was summoned for assaulting Joshua Edwards, general dealer, at New Holland on the 4th inst.
Mr. Mason appeared for the complainant, and having stated the facts of the case, called the complainant who deposed that he came from Goxhill by the 8.20pm train on the day in question. He had a basket of fruit with him, which he put down at the door of the booking office.
During the time that witness was in the booking office he saw the defendant go to the basket and touch it.
Witness then said to defendant, “You have stolen some of my fruit. If you interfere with it again I will make an example of you.”
Witness then proceeded to fasten some tins together, when defendant pushed against him. He was crouched down at the time and defendant wanted him to get up and fight.
When he got up they fought several rounds.
By the Court: “I was down but got up after the things were tied together.”
By the defendant: “I was standing in the booking office when this commenced. I did not say that I would knock your nose off. What I said was, ‘Wait until I have tied these tins up and then I’ll see.’”
Darbney, a casual porter from Hull, deposed that the defendant touched the basket of fruit. Complainant said that Hood had taken some fruit. Hood denied it.
Complainant knelt down against the basket, and some abusive language was used.
Hood said he could leather a ‘lane full’ like Edwards.
Hood put his hand on Edwards’ shoulder in coming out of the refreshment room and they had a fight afterwards.
By the Bench: Both hit together and were in earnest and did their best.
By the defendant: - “I did not see Edwards strike you.”
Hood in defence said that complainant had no right in the office, and he (the defendant) touched the basket in the course of his duty.
Complainant called him a thief and he (defendant) called himself an Englishman and could not put up with such language. Edwards struck him first.
Several witnesses were called for the defence, all of whom proved that Edwards was the aggressor.
One witness, James Otter, said that complainant struck the defendant before he could get his coat off, and when the inspector came he said to Edwards he ought not to fight a man who was ill.
Complainant owned that he was wrong and had done wrong.
Edwards was then charged with assaulting Hood at the same time and place.
The evidence in the first case was repeated.
The Bench retired to consider both cases, and on their return into court, dismissed the case against Hood and fined Edwards 1s and costs for the assault upon Hood.
GOXHILL - We are requested to state that the person described as Jane Smith in our report of the Hull Borough Sessions last week, is in reality a person of the name Ann Thompson of this parish. She has been sentenced to twelve month’s imprisonment, to be followed by five years police supervision, for stealing a purse from the person of Sarah Wise.
NOVEMBER 4TH 1871
THE LATE FATAL BOAT ACCIDENT - The body of one of the men who were drowned in the Humber by the capsizing of a boat near Mr. John Morris’s brickyard, on Tuesday evening, was picked up on Wednesday night by George Green of H.M. Coastguard Services, Barton Station.
The body was found at low water about 100 yards from the foreshore and within 300 yards of the spot where the boat capsized.
There were distinct marks on the warp where the boat had grounded, and the trail marks of the boats chain, and a portion of rope were found.
The body was conveyed to the boathouse attached to Barton Coastguard Station on the Waterside Road, to await the coroner’s inquest.
It evidently was that of a young man between 25 and 30 years old, of stout build and proportions. The body was dressed in a sort of moleskin trowsers, blue knitted Guernsey, over which there was a white slop, and a muffler or comforter of a woollen material, sea boots and a pair of dark worsted stockings.
Every part of the dress of the deceased was apparently new.
The sails of the boat were found the same night as the accident occurred, by the coastguard’s boatmen.
It has been ascertained that the two men hailed from Grimsby, and left that port between seven and eight o’clock on Tuesday morning.
They had nearly two tons of fish on board; they landed at Barton about two o’clock, and the men dined together at the house of Mrs. Agnes Black, The Waterside Inn, which they left at about four o’clock in the afternoon.
The name of the deceased’s mate, whose body has not been found, is Smalley. He is the son of an old man named Smalley, who has been for many years the Master of a billyboy in the coasting trade.
The boat had been picked up opposite Read’s Island, commonly known as the Old Warp.
An inquest was held on Thursday afternoon, on view of the body, at the Waterside Inn, before Charles Smith Esq., deputy coroner for the Caistor district of North Lincolnshire.
Several witnesses were examined, whose evidence showed that the men left Barton about four p.m. on Tuesday, intending, as they said, to go to Goole to dispose of their cargo of fish.
Several persons who had knowledge of the sandbanks on that portion of the Humber tried to dissuade the men from attempting the voyage in that state of the tide. The wind was east, and the men, who were anxious to get to Goole by that tide, hoisted a sail and ‘dodged about,’ but it was quite evident that the men kept too near the land.
There was at that time not more than three feet six inches of water, except in the channel.
The boat struck the sand and capsized about 150 yards from the shore, opposite the brickyard referred to.
The men were seen swimming about for 15 minutes, and much surprise was expressed that no effort was made to launch a boat from the brickyard to try and save the unfortunate men.
The Coastguard boat was launched immediately information was received at the station, but the men had gone down by the time they got to the spot.
The jury returned a verdict of ‘Accidentally Drowned.’
The body of the man found has been identified as that of Bartholomew Jones, married, aged 30, of Grimsby. The body was interred at the cemetery yesterday at 2.30 pm.
THIRD CLASS TRAINS - Mr. Kaye, our obliging station master, informs us that all trains running betwixt Hull, New Holland and Barton, are now third class.
This is a boon to the working classes, and all parties having frequent business across the Humber.
Noticed in the adjacent Brigg Petty Sessions reports: -
Jabez Shepherd, Haborough, jobber, for being drunk in Cross Keys Inn, Grasby, on the 16th inst., and refusing to quit, was fined 5s and £1. 4s. 8d. costs.
NOVEMBER 11TH 1871
EXPEDITING THE DELIVERY OF LETTERS - The public are perhaps hardly aware how much they may assist the letter carriers by the simple expedient of having letter-boxes in their doors, or the still more simple and inexpensive plan of having a slit cut in the front door of every house or cottage whether in town or country.
The post messengers would then be able to drop the letters into each house and leave in a moment after ringing the bell or knocking at the door.
Probably if everyone adopted this plan the delivery of letters could be completed some twenty minutes earlier.
FEARFUL ACCIDENT AT A BREWERY - Late on Saturday evening, a brewer, named John Chambers, whilst engaged in Mr. Wilson Gibson’s brewery at the Coach and Horses, accidentally fell into a copper of boiling liquor, to which he was attending in the course of his duty.
The poor fellow got out by himself and scrambled across the brew house and had just enough strength to call for assistance.
George Brocksom, a fellow servant, helped to undress the unfortunate man, when large portions of his skin came off, like a glove.
Mr. John Morley, surgeon, was promptly in attendance, and dressed the wounds, but after lingering in great pain till eight o’clock on the following evening, he expired.
At the inquest held on Monday, before Charles Smith Esq., deputy Coroner, the jury returned a verdict of ‘Accidental Death.’
THE LATE FATAL ACCIDENT - We have been requested to insert the following letter relating to the late sad boat accident off this place:-
“The remarks made at the inquest on one of the unfortunate men who drowned off my yard, I feel unjustly reflects upon myself, although no name is given; and by your insertion of the following facts you will oblige: -
The boat did not capsize; the accident happened about half a mile above my yard. After the accident my wife told some of my men she had seen the boat sailing along from Barton jetty about a quarter of an hour before; that was represented at the inquest as the men having been seen swimming about in the water 15 minutes.
Now the very coastguard who was on watch at Barton jetty did not give such a statement.
There was not one man or woman in my yard saw the boat either before or at the time of the accident; still all these false statements at the inquest came from my men and their wives in an indirect way.
The fact is I came in to tea rather late; shortly after my wife called my attention to a boat on the island.
At first I took but little notice as we often see boats about. I just looked out of the window and the men were taking down their mast and sail, which I said was just right till they got over the sands, as it was blowing strong.
In the same breath, as it were, my wife told me they were over the sands and getting up their mast again, and asked me to get the glass and go out, as she thought the boat looked smaller.
I did so at once and could see them very plainly; the boat was settling in the water.
I told a boy that was stood by, to run and tell my men that they were to come at once and help me launch my boat.
One of my men was with me in a moment, but the boat had then gone down and the men went down with her and never appeared again.
The fact that the men were getting up their sail after crossing the sand is a proof that they were not aware of their danger arising from the strong current, causing the heavy short sea, after they got over the sand.
My boat was 150 yards on the green shore and about half a mile from the men, and had I seen the slightest chance of saving life I should have attempted it, at any risk or trouble to myself, a statement which my conduct on previous occasions justifies me in making.
John Morris. Barton, Nov.”
PETTY SESSIONS - MONDAY - POOR RATES - Poor rates were allowed for the following parishes:- Barton St. Peter, 6d; Lowth, 4d; Thornton Curtis, 8d; Ulceby, 8d; and Saxby, 10d in the pound.
HIGHWAY ACT - A large number of persons were summoned, at the instance of Mr. R. Newham, surveyor of the highways for the parish of Barrow on Humber, for the non payment of highway rates due to that parish.
Some of the defendants were poor widows of great age and afflicted with infirmities, who were summoned for the non payment of 1s. or 1s. 2d. rates.
These poor creatures had previously paid their rates in their rents, but the property having in one case changed hands, and in another in which Mr. John Belton was the landlord, he refused to pay the tenant’s rates.
The cases were as follows:
Henry Lasby, 1s. 2d. Highway rate. The defendant, an old man, pleaded poverty and infirmity.
The Bench ordered the rate to be paid, with costs.
Eliza Bell, highway rate of £1 18s. 4d. Distress warrant issued but suspended for a month.
Thomas Banks, a poor infirm man, was summoned for the non payment of 1s. 2d. An order was made for the payment, with costs, or a distress warrant to issue.
Sarah Freer, a poor widow, 1s. A distress warrant to issue, but to be suspended for a fortnight.
Ann Nottingham, 2s., for two highway rates. The defendant, a widow, said she could not pay any rate. Distress warrant to issue in this case also.
The Chairman said if the defendants could not pay rates they ought to go into The Union.
John Turner, an old man was summoned for the non payment of 2s. 10d. for rates. The defendant said he had not been asked for payment of rates for 13 months.
Mr. James Brown deposed that he demanded the rate on the 17th of October last.
The overseers agreed ultimately to remit the costs on the defendant paying the rates.
Joseph Pocklington, farmer, Barrow, was summoned for the non payment of two highway rates, due to the parish of Barrow. The sums claimed were very heavy ones for rates and Dean (the collector) had not given him receipts.
Mr. Dean was called and proved that the defendant had not paid any rates for 1870 and 1871, four rates in all; the receipts produced related to previous rates.
A distress warrant was ordered to be issued at once.
A great number of other summonses were withdrawn on payment of costs.
DRUNKENNESS - William Grant, blacksmith of Thornton Curtis was fined 10s. and costs for being drunk and riotous in Barrow on Humber.
P.C. James Brown proved the case.
A labourer from Brocklesby was fined 5s for being drunk at Wootton. The money was paid.
LARCENY AT EAST HALTON - William Mapplethorpe and Jonas Stark were charged with stealing a whip. The property of Thomas Johnson, farmer, East Halton on the 21st of October, 1871.
A little boy named William Hicks, servant of the prosecutor, proved that he had the whip on Sunday morning, the 21st of October at eight o’clock; it was missed the next morning at six o’clock.
He identified the whip, now produced, as his Master’s property.
P.C. Staniland apprehended both prisoners on this charge on Saturday.
The prisoner, Stark, gave him the whip, which was hidden in a cattle shed.
Mapplethorpe said he had brought the whip away for “a bit of a game.”
In answer to the charge both prisoners said that they were very sorry for what they had done and pleaded guilty.
The same prisoners were then further charged with stealing three mouth bands (horses gears), the property of Mr. George Evington, farmer and Innkeeper, East Halton, on Sunday the 21st of October.
They both pleaded guilty to this charge also, and were recommended to mercy by the prosecutor.
The Court sentenced each prisoner to fourteen days hard labour for each offence, the second term to commence at the conclusion of the first.
NOVEMBER 18TH 1871
POLICE COURT - THURSDAY - George Welbourne, labourer, was charged on remand, with stealing a shovel, value 1s. 10d, the property of Thomas Lewis, pawnbroker, Fleetgate, Barton on Humber.
Mrs. Ann Lewis, the wife of the prosecutor, deposed that she missed the shovel on Monday night, the 6th of November, about seven o’clock, having seen it safe an hour previous.
The prisoner had been to the shop, to pay some interest upon some goods in pledge, the same night.
Thomas Lewis, the prosecutor, identified the shovel as his property, and valued it at 1s 10d.
Mr. Superintendent Thoresby deposed that on the 10th instant, he went to Mr. Crowder’s garden with the last witness, where the prisoner was at work.
He said to prisoner: “You have a shovel which I want to see.”
After a little hesitation the prisoner said, “I have a shovel at my house which belongs to one of my sons.”
They then went to the prisoner’s house and he showed witness a very different shovel to the one produced.
Witness said that was not the shovel he was enquiring after.
They then went back to the garden and the prisoner produced the shovel which the prosecutor identified.
Witness then said, “You are charged with stealing this shovel and I must apprehend you for it.”
Prisoner said, “I bought it in Barton Market six weeks ago.”
In answer to the charge, the prisoner said, “I am guilty. I have been very hard up lately and I hope that you will behave as leniently with me as you can .”
The prosecutor earnestly recommended the prisoner to mercy.
The Court sentenced the prisoner to six weeks hard labour in the House of Correction.
A poor rate at 6d. in the pound was allowed for the parish of Goxhill.
NOVEMBER 25TH 1871
PETTY SESSIONS - MONDAY - John Glover, an old offender was fined 5s and 9s 6d costs, for being drunk at Barrow. Police Constable James Brown proved the case.
John Stodhart, of Ulceby was fined 5s and 9s 6d costs, for being drunk in that place. Police Sergeant David Foster proved the case.
Wm. Thompson was charged with unlawfully making a bonfire in High Street, Barrow, on Monday, the 6th inst.
Police Constable James Brown proved the case. Fined 1s and 4s costs. The defendant, a young man, said he had only been in Barrow a few days.
The Chairman said the law was the same all over England; it was not a special law at Barrow.
DECEMBER 9TH 1871
PETTY SESSIONS - MONDAY - Frederick Robinson Cuthbert was charged with unlawfully and maliciously shooting a dog, the property of Edward Dowson Esq. at Wootton, on the 25th of November.
Mr. H.E. Mason appeared for the prosecution and Mr. Spurr, of Hull, on behalf of the defendant.
The dog was valued at £15 for the purposes of this prosecution, but it’s actual value was said to be £30.
Mr. Mason, in opening the case, stated that the dog was a great favourite with it’s owner, and went about the village of Wootton as a general favourite.
The discharge of a gun was heard and the dog was afterwards found buried in the defendant’s field, and the defendant confessed he had shot the animal.
The body was dug up and presented for identification in the case that was tried in this court last week in which a person was charged with stealing the same dog.
John Arnold, a bricklayer, of Wootton, proved that he heard the report of a gun and saw the flash of fire was on the defendant’s premises.
He afterwards found the dog “Tartar” wounded. He called the dog by it’s name and the dog responded to the call although faintly.
Police Sergeant Foster and John Wilson, the prosecutor’s groom, gave evidence as to the identity of the dog and the statement of the defendant as to shooting the dog.
The prosecutor was called to prove a conversation between the defendant and himself, in which the former acknowledged to shooting the dog.
For the defence, the defendant’s man was called and swore that the charge of shot was withdrawn and powder alone substituted.
The case was adjourned to the next session for the production of further evidence.
The court was crowded during the hearing of the case.
John Smith, better known as ‘Fly Jack’ was charged with night poaching on the estate of the Rev. Robert Sutton at South Ferriby.
Mr. Mason appeared for the defendant. P.C. Hudson stated that he was on duty at South Ferriby on the 17th ult. At half past five o’clock, when he saw the defendant in Mr. Pearson’s field on the glebe farm, and afterwards on the farm of Mr. Pocklington.
The first named farm adjoined the Middlegate on the east side.
He heard a gun fired and saw the prisoner following a covey of partridges.
When about fifty yards off the defendant saw witness and ran away.
Witness caught him on the Barton-Road and said, “I have caught you hunting again.”
To which the defendant replied, “Yes you’ve caught me well, but don’t say anything about it.”
The Magistrates sent the defendant to prison for one month with hard labour, and at the expiration of the sentence ordered him to be bound over in the sum of £10 and two sureties of £5 or be further imprisoned.
BARTON COUNTY COURT
WILLIAM STOW v JOHN LEANING AND OTHERS (Stewards of the Barton Friendly Society).
This was a claim made by the plaintiff, a member of the Friendly Society established in 1838, at the ‘White Lion’ Barton, on the funds of the club for £6, for his wife’s funeral benefit.
Mr. Priestley B.A. appeared for the plaintiff and Mr. Mason for the defendants. The latter gentleman took objection to the jurisdiction of the judge as the society was not registered under the 25th of 18 and 18 Vie, cap, 63, nor the rules deposited under section 44, therefore the action could not apply to this society, as the members being partners an action at law does not apply.
Mr. Mason cited Smith v Prior from the law reports.
Mr. Priestley said the Act of 1855 only referred to the society as an established institution, and the society was not excluded from it’s operation.
His Honour said Mr. Priestley must show that the rules had been deposited with the Registrar of Friendly Societies before he could give a verdict.
His Honour, after looking at the case of Smith v Prior said he was of the opinion that he had no jurisdiction.
No order was made for costs.
GILFOY V BLACKBURN, which was a similar case to the above, was withdrawn.
POCKLINGTON v HERRINSHAW - Claim for £4 2s 6d for rent.
Mr. William Cross for plaintiff, Mr. Mason for the defendant.
The defence was a set off and a tenant right.
His Honour gave judgement for £3 7s 6d.
ROBERT BYGOTT v W.H. DAVEY - Plaintiff a miller at Barrow Mere, who was represented by Mr. Mason, sued the defendant, a grocer at Barrow (who was represented by Mr. Priestley), to recover £20 11s 11d for flour sold and delivered.
On the 31st of July defendant filed his petition in bankruptcy.
This was three days before the flour was delivered.
Plaintiff was a creditor under the bankruptcy to the amount of £85.
The latter transaction was to be for cash, plaintiff being told by defendant that he was acting since the bankruptcy as agent for the creditors, and on the faith of that authority the flour was sold.
The plaintiff was sworn and deposed to the facts above stated.
Mr. Priestley said the shop was kept open for the benefit of the creditors, by the defendant, until the receiver under the bankruptcy took possession, at which time the greater quantity of flour was in stock.
His Honour said Mr. Priestley must show that he was an expressed as well as an implied agent of the creditors, and that he had authority from them to act as such.
Mr. Priestley said it was a good thing for the shop to be kept open, so that the creditors would have a trade to take to instead of shut up shop.
His Honour: “That is no answer to the case, there was no authority given. There must be judgement for the plaintiff.”
The usual order was made.
His Honour: “How can he pay?”
Defendant: “These are all the things I have (pointing to his clothes); all else is gone.”
The case of FREEMAN v BURTON and RICHARDSON v SMALL were adjourned to the next Court.
DECEMBER 30TH 1871
CHURCH DECORATIONS - The churches are most tastefully decorated for Christmas, which, as usual, has been done by the ladies of the congregation, whose excellent handiwork is in perfect harmony with the architecture and ecclesiastical features of the sacred buildings.
Mrs. Robert Winship of Marsh House has a very beautiful Christmas Tree, which has been exhibited during the week in the Queen Street Primitive Methodist Schoolroom, and the proceeds will be applied to the Chapel Building Fund.
On Thursday evening, the choir and members of the society were treated to a free tea, after which a social meeting was held, under the presidency of the Rev. W. Harland, the esteemed Minister.