HANTS QUARTER SESSIONS, YESTERDAY
CROWN COURT (2ND)
(Before Sir John Simeon, Bart., M.P., &c.)
…
John Sole, 40, maltster, William Pearce, 36, and Henry Mason, 30, labourers, were indicted for feloniously breaking and entering a malt-house belonging to Robert Crafts, and stealing therefrom nine bushels of malt of the value of £4, and one bushel and a half of barley of the value of 6s, his property, at Petersfield, on the 6th of September, 1865, and also with feloniously receiving the same, well knowing it to be stolen.
Mr. Bowen prosecuted, and Mr. Poulden defended the prisoners, the facts being briefly that Mr. Crafts Is a maltster, and landlord of the Red Lion Hotel, his malthouse and yard being in Dragon-street, and opposite to the yard gates or nearly so, lives George Standen, ostler to Mr. Monks, of the Sun Inn, who on the night of the 6th September, between one and two in the morning, owing to his child crying, had occasion to get up, and then looked out of the window, and it being a very light night he saw Pearce against the gate of the malt-house yard, apparently watching the street up and down, and then observed Sole come from near the malt-house door through the gate up the street towards the new way, with a heavy sack on his shoulder. Pearce then closed the gate, and went back to the place from which Sole had taken his, and took up another sack, put it on his shoulder and came out of the gate four or five yards, but some man was then coming along the street Pearce went back with the sack and dropped it in the yard, and stepping down made as if he had taken off his shoes and came out and went off in the direction Sole had gone. Standen got up as fast as he could, and went out a back way and informed Superintendent Longlands, and they went both of them to Mr. Craft’s yard directly. As soon as they got there and were looking about how to conceal themselves. Sole and Pearce were observed to have returned on the other side of the street, who, however, appeared to have taken alarm, and immediately ran away the road they had come, and so silently that Standen and the superintendent believed the men had no shoes on. They gave chase and followed, but the fugitives gained an advantage, and they lost sight of Pearce when they got to the new way, but Sole was followed by Standen to within 200 yards of his own house. The pursuers tried the doors of the various buildings to discover where Pearce could have secreted himself, and found that Mr. Pocock’s stables were unlocked, and that there was something moving inside, and when they entered they found Mason, Mr. Pocock’s servant, lying in one of the stalls. Here they found three sacks, two of them full of malt and one of them partly filled with barley. There was also a pair of boots, which had evidently been worn by a person who had been amongst malt and barley, some of which adhered to them. The superintendent searched further, and in the loft found Pearce, lying down apparently asleep, but with all his clothes on, and perspiration running down his face. On examining the malt-house, it was found that two heaps of brown malt, intended for fourpenny beer there, had not been touched, but that a heap of pale malt, intended for October brewing, and over which a fine dust would naturally have gathered, had been disturbed, and some taken away, and in another store, where there was some barley, that too had evidently been disturbed, and some taken away, and some dropped as from a hole in a sack. The superintendent went in search of Sole, and could not find him at home, but early in the morning took him into custody where he was regularly at work. The superintendent, with Mr. Crafts, compared the malt found in the two sacks in the stable with the malt remaining in Mr. Craft’s malt-house, and found it to correspond exactly, as did also the malt in the sack in the yard, and examination of the malt-house proved that a man could get in at one of the windows, and when in could readily push back the bolt of the dead lock with the finger, and this was found unlocked on the night of the robbery.—James Fidler, one of the men employed in the malt-house, proved that the heap of pale malt had not been disturbed all through the summer, and was covered with white dust, which, when he examined it with the superintendent, had then been disturbed, and a hole made in the heap. Mr. Crafts himself observed that the bolt of the barley store door had been forced from the inside as the brickwork was chipped. He also proved that no man of his had any business to touch the pale malt heap, and that at a little distance from the barley heap (about three feet) there was a little heap of about a handful as if it had run out from a hole in a sack. At the police station he saw three sacks containing malt and one barley. He compared a sample he had taken from the pale malt heap with the malt in the three sacks (samples produced), and from many years experience he was able, from colour, size of grain, smell and taste, to say that they were the same. There was a difference in malting; his malt-house was noted for drying malt very pale. The sack containing barley had a hole in the bottom below where it was tied, but he did not examine how it was stopped. Barley Is an easy grain to judge of by samples. He believed that in the sack to be the same as that in his store; the colour and size of the grain were exactly alike. He had not the slightest doubt they were the same. The men he had in his employ would have no cause to go there unless sent. He had sent no one on the Tuesday.
A witness named Giles proved that he went to the Bricklayers Arms the night before the robbery; all the prisoners were there talking. Pearce and Sole were on one side of the room and Mason on the other. Just as he came out Sole and Pearce said they would have another pint, and Mason would have another quart.
After Mr. Bowen had summed up, Mr. Poulden contended that there had not been any proof that Mr. Crafts had lost any property at aIL The evidence was simply that after some persons had been seen dealing with property similar to Mr. Crafts, it was assumed that he had lost some; but there me no substantial evidence of it.
At the conclusion of the learned counsell’s address, the chairman put it to the jury to consider—first, did they believe that Mr. Craft’s premises were broken into on the night in question? Secondly—did they believe that property was taken from the premises? Thirdly—if so, was the property subsequently found that property? Fourthly —did Sole and Pearce take that property? and fifthly, was Mason a participator in the theft which had taken place?
The jury found Sole and Pearce guilty of housebreaking and stealing, and Mason of stealing and receiving, and the Court sentenced all three to 12 months’ hard labour.
ANOTHER MALT CASE.
James Pocock, colt trainer, was indicted on one count for stealing one quarter of malt, of the value of £2 16s., the property of George Maxwell, at Buriton, between the 1st day of August and the 31st of August, 1865. Another count charged him with feloniously receiving the same knowing it to be stolen.
Mr Bowen prosecuted in this case also, and Mr. Poulden defended.
Superintendent Longland said he went to the shop of Mr. Richardson, grocer, Chapel-street, Petersfield, and saw there two sacks of malt of which he took samples (produced;) the next morning, the 12th Sept., he went to Mr. Maxwell’s malt-house, which is about 200 yards from prisoner’s stables, and there saw a heap of malt from which he took a sample, and it corresponded with that he found at Mr. Richardson’s; there was wheat, peas, and oats, in both; rather more wheat and oats in the sacks. Next day he took a gallon of malt from Maxwell’s heap, and a gallon from Richardson’s sack, and picked out all the peas, oats, and wheat from both gallons. The quality of the grains corresponded. Prisoner was in custody on another charge, and when charged with this he said nothing. In the gallons he examined one contained 9 wheats, 3 peas, and 9 oats, the other 25 wheats, 3 peas, and 3 oats.
Mr. Richardson, grocer, said about three weeks before the 11th Sept., the prisoner sold him two sacks of malt for 56s. It was first taken to the bakehouse, and then to the store over, where they remained till Mr. Longland came. Had known the prisoner as a respectable man, but heard something about malt and informed Mr. Longland. Knew a person named Bone who left the place some three or four months ago; he sold malt. The malt was brought in the middle of the day in a dung cart. Have known the prisoner dealing in all kinds of things, and as a timber and coal carter.
Mr. George Maxwell, of Steep, said he was a maltster, and went with Superintendent Longland to his malt-house, and took a sample from the heap there, and compared the samples, finding oats, wheat, and peas in both. They had been malted. In the gallon taken from Richardson there were more wheat and oat grains than in that taken from the bulk. That would arise from carrying the sacks. He had ascertained that they had malted 362 quarters, and that they were three quarters deficient of the barley they had wet, and 13 quarters of the malt they ought to have.
Mr. Mills, maltster, had examined the samples, and pronounced them to be alike.
Alfred Carter said he saw prisoner in the High-street, and asked him about a colt he had to break for him, and prisoner said, ‟Wait till this ―― job is over.”—Prisoner said, ‟You chaps have made a bad job of this.”—Prisoner said, ‟Yes, we have a ―― bad one.”—Witness said, ‟You must have known that the day would come.”
The Chairman, before counsel for the defence addressed the jury, said he did not think there was a sufficient case for their consideration, and he was acquitted.
lß k, MAIM is *beet In primmer'e steam litere con eszr p l ad V el meit free be • emaie, it with be at Mr. ; there yes pees, mil este, in both; iseee wheat sad sets is the Next day be leek • Oka al mil hen keep, rod a hem Midreeseee seek, red picked all Um pees, eels, and_ hem Tli cu slity et the was is sniper will this og. lie the be exemined ems emetimet wheel% 3 pees, sod 9 cats, the other 111 wheel% 3 pew. mad 3 oats. Mr. Itielemien. pew, seM about three weeks before the 11th She prieseer sold him two sacks of wait for Ma It hit tebeet to the bakebount and then to the eves. they remained till Mr. Laughed Had haws the priemer as a respectable man, but beard aemething about malt informed Mr. Longland. Knew • person named llone who the place some three or four months ago ;be malt. The malt wag brought in the middle of the day in a dung cart Have known the pri• loner dealing in all of things, and as a timber and carter. Mr. George Maxwell, of Steep, said he was a maltster, and went with Snpenntemleut lowland to his malt- ' home, and took a 'amide from th. heap there, and coinnerd the samples, finding oats, wheat. and marl in both. had been malted. In the taken from Richardson there were more wheat and oat grains than in that taken from the bulk. That would arise froni carrvine the sacks. He bad ascertained that they had malted :162 quarters, and that they were three quarter., detici,nt tlw barley they wet, Mill 13 quarters of the they ' ought to have. Mr. Mills, manatee. had examined thesamt pounced them to be alike. Alfred Carter Amid he Maw in the High-street, awl asked about a colt he had to break for hint, and prisoner " Wait till thia job mover." -Witness said, " chap. bare made • bad job of this."--Priumer said, " Yes, we have a bad une."—Witnewisaitl, "You must have known that the day would come." The Chairman, before counsel for the defence addressed the jury, said he did not think there was a sufficient cam for their cmaideratioa, and be was acquitted. FALrig PIIJETEXCI/L Ingham Watson (24), on hail, greengrocer, indicted for obtaining under false pretences three sacks of oats Chute. Blackbird, with intend to defraud John Davis, at Aldershot, on the 17th July. —Mr. Gunner prosecuted, and Mr. liow.n defended the prisoner. It appeared Mr. Davis is a corn dealer, and prisoner presented himself at the store on the day in question with • note "Please send by bearer three sacks of oats for Capt. Chapman" servant," and obtained the oats. The counsel took an objection to the in lictateat, which the court held to be fetal, and directed Ins acquittal.