The Sun.
London, England, 1845-07-19 00:00:00

MINORITY-NOES, 27.

Bannerman, A. Harris, Captain Plumridge, Captain
Barnard, E. G. Ilawes, B. Somers, J. I'.
Berkeley, H. F. Langston, J. H. Strickland, Sir G.
Berkeley, Grantley Maher, N. Troubridge, Sir E.
Bowes, John Mitcalfe, Ilenry Villiers, Charles
Browne, W. Moffatt, Georgo Wakley, Thomas
Butler, P. S. O'Connell, M. J. Wawn, J. T.
Colebrooke, Sir T. Paget, Colonel TELLEES.
Duncan, George Palmerston, Lord Napier, Sir C.
Gladstone, Captain Pechell, Captain Berkeley, Captain

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Chelmsford, July 18.

CROWN COURT.—(Before Chief Justice Tiernan.)
THE INCENDIARY FIRES AT BRAINTREE —Alfred Coote
16, Carpenter, and Isaiah Fish, 18, bricklayer, were indicted
!or wilfully and maliciously setting fire to three barns, two
granaries, and other buildings, the property of Arthur
Algernon, Earl of Essex, in the oe.eupation of Richard
Baynes, and also with setting fire to two stacks of wheat, the
property of Richard Baynes.
Messrs. Marsh and Hawkins conducted the prosecution ;
and Mr. Gray the defence.
The trial created a good deal of interest, and occupied the
Court until late in the evening.
Mr. MARSH stated the case for the prosecution, and said
that the principal evidence against the prisoner was the testi-
mony of a young man, who stood in the position of an accom-
plice ; but as the prisoners had themselves made a statement
almost amounting to a confession, ho apprehended that the
jury, notwithstanding the nature of the evidence in support of
the prosecution, would entertain no doubt of the guilt of the
prisoners.
Mr. Richard Baynes, the prosecutor. deposed that he occu-
pied a farm called Rayne Lodge, in the parish of Rayne, near
Braintree, which was the property of the Earl of Essex. A fire
took place on his premises on Saturday night, the 16th of March,
1844, and before it could be extinguished, three large barns,
two large wheat stacks, and five cattle sheds were completely
consumed. The barns were full of grain, wheat, beans, and
oats, and the value of the property destroyed was 1,500/. He
added, that he was only insured to the amount of 8001., and be
received that sum from the insurance office.
Cross-examined—He knew nothing of the prisoners. The
family were sitting at supper, about a quarter past nine o'clock,
when the first alarm of the fire was given.
William Wade, the approver, a lad of 18, was then examined.
He deposed that he was a silk weaver, and lived at Braintree,
aid knew both the prisoners. He remembered the day of the
fire at Mr. Baynes's, and was with both prisoners between 2
and 3 o'clock on that day, aid they all walked together to Mr.
Baynes's spring, where Fish told him and Coote to stop and he
would go and see what sort of place it was to have a fire.
After they had waited about five minutes, Fish came back and
said it was as good a place as any to have a fire, for there were
plenty of stacks and barns. They then all returned to the
town, and met again at night at the Crown and Anchor beer-
shop, from which place they again went to the prosecutor's
farm, and proceeded through a gap in the hedge to the barns,
and stood by the side of one of them, in which there was a hole
large enough for a man's fist to go through. Fish said that
the hole was a good place for the fire to be put in, and Coote
gave him his lueifer matches, which he tried to set on fire hut
could not do so. Coote then gave him two more matches
which he also tried to light, but none of them would
ignite, and upon this they all went back to the Star
beer-shop at Braintree, where Coote was sent by Fish to
pureha.e tt box of lucifers. While witness was alone with
Fish, he persuaded him not to set fire to the place, and
told him that if he did he would be sure to be found out
some day or other. When Coote returned with the lucifers,
Fish told him that he (witness) would not go, and he added,
" Come on, I'll go lf you do, death or glory. I'll go and light
it." At that time Coote had the box of matches in his hand,
and they both went away together towards the residence of
the prosecutor, which was about three-quarters of a mile off..
This was between eight and nine o'clock in the evening. He
(witness) remained behind at Braintree, and in about half-an-
hour after the prisoners had left him he heard the alarm of fire
in the direction from Rayne, and he shortly after.% ards ascer-
tained that the fire was at the prosecutor's. Witness after-
wards went to the fire, and saw the prisoner Coote there, and
he said to him, " This is a good one, a'int it." There was
another fire in the village on the following Monday, and wit-
ness saw both
some
furniture
iptrui
rs prisoners e
fromr st hae
fielddsy afterwards,wh ereit had assistingbe en
removedin r-
emovingnlu
putnsht
io aet
from the fire. Cote asked him to help him, and at the same
time said, " This was a rare flare up last night, but it was not
iweaontohdi e
so go das the one 1 lit on Saturday night at Baynes's." Fish
was by at the time this was said, and he added, " We went up
the
et 1
hdharoyalnne e
ias
n'ws
taohyn: Sae bnaadt
runhr,di
daa
and
dnn ictghoheot
afterwards said that when they had set the place en fire, they
~thrcootiogthe
come to the fire. The witness then said that Fish afterwards
told him the same story, and that he (wituess) was subse-
quently taken into custody upon the charge of being concerned
saw the people
in the fire, but was afterwards admitted to give evidence.
Cross-examined—Witness was 16 years old. He now came
from gaol to give evidence. He was not taken into custody
upon this charge until a twelvemonth after the Are happened,
and he did not tell the story he had just narrated until after he
was in custody. He was not told that he would be admitted
Queen's evidence until last Friday, and he then stated all he
knew. He was at present under the charge of committing
another fire himself, and had not been tried.
John Andrews deposed that he knew the prisoners. He
remembered the fires that took place at the prosecutor's, and
' at Mr- Scale's and Mr. Lacey s, and while in company with
the prisoners, he remarked that " It was a curious job about
they fires," and Coote said " We did them, only you must not
say anything about it."
Cross-examined—He was himself charged with two fires.
He had been seven or eight weeks in gaol, and he did not tell
this story until last Friday. lightll
emyy hand
ni td.
William Bradford, a person in the service of the prosecutor,
proved that he remembered having observed such a hole as the
one spoken of by .he approver Wade, in one of the barns, and
that inside the barn close to the whole there was a quantity of
dry barley, which could, of course, have been easily ignited.
He likewise stated that when he first heard the alarm of fire,
the dames appeared to proceed from that portion of the barn
where the hole was.
John Dunn, one of the Essex constabulary. deposed that he
apprehended the prisoner Fish on the 23d of May, and told him
that he took him for the fires at Braintree, in 1844. Ile
" I dare say I shall be sent out of the country for
those fires, and if I am, I cannot be sent to a much worse
told him that he was 1 d
country than this."
Everett, another constable, proved that he apprehended
Coote on the 12th May last, and while he was in custody he
a ways rea e
he had jumped up in the night, and was unable to get any sleep
mine about the fires, and that
for them, and when he was in London he always thought that
he (witness) was after him. He likewise said that he, Wade,
and Fish had done all the fires at Braintree. Witness subse-
quently took down his statement in writing.
The statement was put in and read. It went to confirm in
all material particulars the evidence of the approver Wade.
This was the case for the prosecution.
The Learned Counsel having addressed the jury for the
prisoners,
Lord Chief Justice Tiernan slimmed up, and the jury almost
immediately returned a verdict of Guilty.
The prisoners were directly called up for judgment, and
sentenced to be transported for fifteen years.
,
' It was stated that they had confessed to having committed
two distinct fires, there being an entire absence on every case
of any feeling of malice towards the owner of the property, an
for
d
it appearing that they were merely actuated by a desire
he mischief.

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