Surrey Winter Assizes.
The Times, 1824-01-01T00:00:00

James Date, Stephen S.Y2rdw'irk, Wms. G..Till,r, Janiice Hfold- forth. Stephea [Findebatile, Th1oy. WMt, TAos,. Wheat!ey, Jaymez Ifilliumi, all fioridi young country fellows, were charged tvitb poach- inig under the la-it act, havi6jg beer, found on the IlOth of December at 10 o'clock at oight, in Cotteswoodt. in the parish of' Send anti Ripey,beng heproert o--- Xesen,Esq., but now in the occuatin ofArtur Gorg Onsow,corumonly called Lord Viacont Canle. armd wih gus, wth the intent "illeg-ally to ae- jilt ADT,VH sate thecas, wIIh was more full, explained Thiss. Pratt is gamekeeper to Lord Cranlley. w ho is eldest soni of the Earl of Onslow. (jotteswood izs in the parish of~,cnd and Ripley. IL isi a preserve for game. On the 10th of Decemnber my attenitior was raw, a abut i~hto'cock bythereport of a gun. I mls in thehoue. t apeaed o poced fomCotteswoud. I had got someof m clohes W I ot desse assoon as I could. ily assist- ant,Jame Moger,was ookng ot fr me, and came to mre on the reprt f he un Heprrprd ssitace, there were12 of us. We wnt o Coseseoil Wewetethee an hiour and a half-founid Ito one -,we liaA sticks ran four smnall pisiols. 'ITr, justice PARK rebuiked the witness for bringing one of the pistols loaded into the Crart. Examination continned.- I told) the men not to flie unless they were in any danger. I told tie carters thiey inight go ; six remiaini- ed -Mlonlg',De, Day l'inioni, CJox, tend myself. A little before 1,1had a pheasant dy t Onof a tree d Lirectly after I heard the report of a guin. We were then di1vided Pinion and Day wvere with ine; the other three inthe lanieclose bs. I got over ahedge-row intlo the field adjoiniing acopse from nwhen~ th,esouind proceeded. I sawU or 7mien there. I'said to niy nien., "1Here they are, coiuealong." The meni I saw were pretty muich together. Whmen I went Lip to theni they presented thleir guns at me, four barrels, told mec to stand olff or I should have it. I pus;hed forward, pushed the ba-rrel one side, and caugt the man by the collar. f found after that it was Dare. He laid htold ofmy coller. I received a violenit blow on the back of iny head. 1 don', know with what. It kniocked mae and Dare down together. I7 received a violent blow on the shoulder while on the grund. Dare still had holdi of mne. I e-xpecteEt tO Iose My life. I ad a SnLall pIstol, and shot. I fired ait i)are. The ball rtvnt into his neck. He left his hold and surrenidered himiself. I tore up and helped to bind the hands of some others. I rememiber seeing Cox. I beard one of m-y parts' say " Keep lout do-wn." I saw7 thiree ot ihe prisoners down struggling with mny people. I tie-d time hands of Gunner, W'iilliams, and W esL I saw. ito otbmer secured oni the spot yes, I sawi litliatleyv. I picked up a gun broken on the!;rock; the barrel andi stock were held bly thie ~uardl it wvas loaded with powder and shot.Irfouimed luoos shot in Dare's pocket ; the size ab,out No. 2; tliete was a little powdler. I knots Hfall, the. coimerable. I niever lost sight of thieta till Flail tool; them into custodyi. Crossi-examined by AMr. AsNDRs'.s.-It was moonilighit, buti duill ours is not a very thicek cover, onjly one yesar's shlost (growvth), surrounded bycrnclosed grounds. The lane is ani accomimodation "asy a private roadl. I sew abouit fi guns, loaded with powder anid shot shot of LNo. 2. Souse shoot pheasants witiv, it. I use No. 4, a less shot. Our pistols wete loaded wit' ball. I gave one to Pi-. nion, one to Day, amid one to Miongcr; they are latbourers. Re-examined.',..Three of' thte guns taken wvere broken. [They were produced, anid -seemed to have bitea brokeni into fragments.] There yerre besides 2 clasp knives, atid 2_ powsder-flash:8. William Piznion, labourer, went otut to as9sist Pratt oni thie 10th of Dveembnih I saw Pratt advance to the nieni in Cotteswood there were i ort i. I saw threce gutns presented att Mr. Pritt : hesaiid,"llere they are." The mien badle us to stand off,or we shiould have it. Pratt collarted Dare. Pratt. was knockedl dowii with the hut of' a gun : the titan turned round, andi I knocked himdtown tvith a stick ; theni I knocked another dIoNrn, and thnen I Itnocked atiioher dlowni. I 're- ceived a blow over the handl witli the buit oif gt, i I lied a pistol, hUt did not tue it; dlidn't thiikl rnty lit, in taiager; my hiand was hurt. Williamis camec tilt to tIIC, and I thru-wed hint down ; he liad nwepon. I got a little blotsv oni the eye, but that was nothine.1 henct, the firing of the guin and Pratt's pistol. I haye seen Strudwvick, tnth mrothin iiexi morning at the Btill at Clandon . he offered me scotne beer, and I dIranik with hiim. I said 1 Y'oung man, ylou would tinot stol toe have aniy on't that nlight." Hie citid I hit himi so it-d hartl lie could not stanti it. He sail lie didi tiot know if lie went awtay a.liorseback or a-loot ; but he crair-lesl into time wood, and lay hlere till they were gone. Cross-examitted by, Mr. AVDRs:srs.-4 did not mnention whiat night to Strudwick. Dare has a wifie and( childreti. I dloii't know a-, to thie rest. I aii not a servant of Lord CIranley, but I go out at nlighit to look out for All. Pratt. .James Day was with Pinioti andi 'ratt oni thie nighit of' the 10thi of December. A men broke the but of a gitii over iny head. I -struck :tt hirnt withi a stick. I dlonti know alto it wvas. Anothier miain threws i,te dlt,m. Xl'lten I got stt it awas WVest. I produced a Itietol, andclie surrendtered. N'e.xt itorning Ifoundithese two buts.part ti stck,nil isolegun a iarel ndpart of a rant-rodsat!ached to i, ahag,andhi i a ieu heaatim Wet liatl a large powvder lhorn, Jams oner asiet.t anske~tc,wts at tlte attack. WSheit I tuic p, her waa gnerl srugle.I helped to secure Glunner. .haots Hll,consableof est lanon, knows the prisoners ; saw teitni on the 10th of December. o. it'clock at night. Pratt teas wvith niie the whole nigbt. D)are Ied a ball in his neck, which the doctor extractedt in my- presenice. Next niornine~ I went to the house of Snrudwick ; he was by the fire, lils head tieed up. I said, J want venti; you were iin Lord Craniley's wvood last night. 1 saidl, how did you hiurt your head ? lie said, I t'ell- (town stairs ; I went up StairS; there was a bluntly shirt. lying or, the bttx I tied his hanths; 'he saidh it all proceedled froni tumblitig downi stairs. I went towards Holdforth's house. Akfterwardis SiTrndwicl, said lie waLs one of the party, atid tgot kinockedi ilowna. It hiurt his eve-sightt; bie thouight he saw people- coining it) arrest hbutt, aitl thirew Sis gun into the river. On the l5th I took Holdforih at Clandon. I heldl himi all nighit. Next morning, I asked hiam if hie wats not wtith the partr, alid if' ttitey cliu not itircet at Molisebole; he said thley (lid. Hfe had it gun, Wid had soldl it. le said he rann away as, -soon as the ptarty etngaged. Cross-exatssinted.-Witnes% proceedled fronm Mousehole to the copse. I (lid not try to get the prisoner to talk about what he had toiote. I did nor mnirtin to get evidence friti hint to produce here. .James Strudwick il constable of Stoke, and apprehendedi W"inde- batnk at the cop of' a' barley-mnow., in a barn, thze property of M r. Baker, the 12th of Decemllber. 'I told himti 'twas 00o use to resist. Dare heel situd that he ivas one of the ptoachers. He- said at last "Is that you, Master Strudwick-; I mueant to go over to Lord Cranley's to-mnorrow morning.", I told him he must go alitng with use. It,e told mie Dare persAuaded hirm, or lie wouldl not have gone. He said lie ran away as soqni as the hollow was given in the wood. Cross.eximninect...Dare is married; XVtitidebankis sinigle ; I dlon't kniow their ages. Dar-e was sliot, aiid I heard that Gunner a'as beaten niucli. The Hion. and Rev. Gleorge (Inslow is a Mlagistrate of the cunty and deposeelIto tle e-aminations antilcommiitseientsp)rodtmxced. Tol t'he witaLsesA that what they statedl wotitli be eviulemice against thent. 'Tle dhepositiotta, wero read ovrr to) them. Soine of thietn objected! to sign their confessi6us. Cross.cxapnined by Mlr. AxND Rxws.--sThe clerk Fisa present, and took dpwn the confessions of tubi prisoners. The coitfessiong of Windebauk and Strudwick were read, and agreed mnainly with the evidlenee given above. Mr-.justice PAa refused to receive the confession of Dare. Mt. A.;DR vws addressed the jury for the-lirisoners. He proutised to comment as tendeimly as po~ssible upon the act of Parlia- ment undler wvhichi the prisoners were charged. They hadl now upwards of i yes of eperience under it, and he ventured to say that it heel poue as many nominal charges since thiat time as were produced tinder othier acts all togethier. He ventured so say tlitr the oldest nmtn on the juiry dicl not recollect an irstannce of a whole band oftuien, youths, being brouglht ut, uiider One and the same 'charge of ccons~iring antidacting togcthpr for the destructo-t of game. T isi- one case was a sufficient cornlmeptary' upon the art, which plainly led, not to) the putting down of illlegal'gatite killinig or poach- intg, butt to arutedl combinations of isien wlito were liltcAy to be cnnarg-. ed uiittierit...to zeal and warmthi on the~ partof ganiekeepersand other inferior ofhieers,to witlotti it grantedc suceh l,rge powers- io surrounuhing of woods with o'ther aratied Nwairns, inducitig heat aiid irritation in those pursued, and from- thence leading on -t, violenice, blootIlehde, anul ainsost i-nevitable death. It wais their business to ad- titiiiister ju!stice undler thlis severe art with ithe greatest jea- louisy against extending the petialties of it. lie remitrked, also, teii the use suede of tcnven.sations to draw otit evidience in the way of confessioti, rhere beitig no either evidlence against tlhree of flie pr-isotiers, Wlindebank, Strudwick, amid Hold- fortlt. This showed the hieat with which these prosecutuions were got uil, and cthe eager dtesire to hiunt dotwn a petachier above all other criminialsupon earthi. lfhecould show that the prisoners mighit have been foun(i aritteul in the wooul for any other purpose, thecy itiust be acquitted. Thin prosecumors mtust be b-ound by the strictness of cri- itinal, evidence whletlier they prosecuted under thit or any other act oif Parliaiment. Th6 indictmnent cliargedl ite prisoners with the de- sgigi of killing and destroying gamie-killing and destroying rabbits would have been as criminal; buit tbeit it niust be charged. These mien might bav6 been Plursuing rabbits ; the pheasant imighit have beeni picked up in the wood, or might have been shot by otie of the party whien alone. If he bad given them a groundI for doubt, they were at liberty to itcqtiit the prisotiers. Uniler an act of such great severitya ho mtust persist in considering it, they would be cautious hwthdeya8subjected all the sturdy younF muen in the country to transportatioDn, their wives and familiie's being left to a provision bY the parish. Mr. JUStice PARK *jid, that thelearned counsel had made a verY ingeniouis use of his very slighit materials of defence. The act might be severe, but tie learited counsel mnust obtain a seast ia Par- liamnentandlefFcttherepealofit: until then, they were as much boun-d bY this act as by any other in the statute-bool,. He admuit.. ted in the mean titus, that the crimne must be prored =ccoring to the strict letter of the law. An atten:pt had beln rmade 'to snow front Winidebank's confession-the only evidese,e against him-thatw lie had no gun : but tho;-, o-rds of the net ,r-"if any personi or persons sliall be foundI in atty park, close, or enclosed wvood, armed with a gun or gtins"-which 'brought hitwcclarly withiin tie umeaning of the act. Trhe psactice of constabP~ dpousing to facts which they obtained in conversation with imoe whom) they bed taken into custody was perfectly comunor and had never to his knowledlgebeen obected to, except in one . ticular case, where a comistable had put himself in fetters, and w-'into the prison, sand used other most impfoper stratagems 10acquise evidence from a prisoner, which he afterwards brought gainst him. His Lordship expounded tbe evi- dence as it borC against the prisoners, praised the forbearance of the geamekeepepand ltis assistants, and left the case to thejury'. Trhe pireman of the Jury asked leave for them to retire. They were astisfied by the evidence, but there wvere shades in the degrees of guilt, which the, wished to distinguisii, if possible. They withdrew accordingly, and shortly atter retisrning to the Coutrt, found all the grtsoners giilty, but recommended thetii to mercy; espefally Holdeforth, Windebank, and Strudwick, who seemed toljuve been the least implicated. The JI DGE pronounceed sentence-Dare, Gamner, and Wheatley, were c,.,ilmaect to the highest penalty of the act, 7 yearsi' trattepor- ratio"r; Strudwick, lHo]dfotth. windebanh. West. and Williams, to s2u months' imprisonment, with hard labour, in thSe House of George Mathews, Johin Vickery, Thornas Twuilley, and George Menk, were indicted for being found at night in a coae at Cobliamn, artned with guns, with intent i7legally to destroy tuke, or kill game, beitg the property of Thomas Page, Esq., on tie 18th of Novemi- her la6t. MIr. AnOL,PE[US stated the ease, the particulars of which will be Anrund in the evidence. Jamies Prince, gamokeeper to Irir. Page, of Pointers, in the pa- nasb of Cobham._I was out pn the night of the 19th or the uornanr of the 20th. I heard the report of a gun, and then: of another. I advanced, looked over the hedge, and. a.w two mene I had a pistol in my pc cket_a swoid iv rMy hand. The men were going from me; I vrent towards tbet. Before I got to them, they were joitied by four m ore men. 1 uvked tbemn what they were up to; tbey raidJUi. 1oW themn I thgutht it ws comical fiss. There e a ina eon my rfght, holding:up the but.end of his gun, I was knocked down ; I don't know by whom. I got up; they followed me: I turned round aguin, and received a blow on mv arm and a blow on my head with the but-end of a gun. I was kn4eked ao0ot again. I heard s0mething crack. I was hit by three dfferent people. I said " For Gods sake don't kill me." One of them saicl, Give it to him." It was moon-light, nearly fuU moon. The blow on my bead was by Vickery. They had four guns. I saw one stick. I saw Matthews. I can't point out any other. I saw a gun at Vickerv's hoase. Cross-examined by Mr. ANDREWS.-I did not lknow Matthews before; he was taken on Saturday, and this was done on Wednes- day. None of them were taken oa the spot. I looked in their faces, but I did not know them again. I saw six men; I did not know them. I never said I had got the best of the rarty, and the worst had got away. ilatthew Billingetv, patrol in Cobham parish, was out on the night in question; heard the report of a leceon ltr. Page's premiS.eR I went forward and heard Prince say, For iod's sake don't kill me." On getting through the hedge-row, I saw five or six men leas ing him. One had a stick which was in motion; but I did not distinctly see him strike. Some of then-. had guns. I made up to the last man, whe brandished a stick. I produced sword and pistol, and all ran away. I know Monk was there. I went there next morning, and found the but-end of a gtn, within 20 yards of wPhere I saw Prince. I searched Vickerv's hopse under a warrant, anti found the other part of the gun. Vickery was at home: there was the barrel and part of the wood, part of the end had been sawed off: there was one part where it fitted the but: there was a saw in the house; but we found neither the piece nor any saw dust; there was la gate-net with wires to trap hures, and some goose and fow' feathers. E. ] hity constable, went with the warrant to Vickery's tiouse, ( tProduced de gun and but, which were handed to tbe jurv.) Wit- ness went to take illatthews at his mot.her's : fouman him up the chimney: only his shirt on. Hlis mother denied ad- mittance. i gotin, owever. I waited till he nut on his clothes. Be attempted to run away. I catched him by the collar. I went to Twilley the same r^orning: he was lodging with Vickery. I ap- prehendee, him. Monk surrendered himself to me the day before yesterday. Cross-examined by Mr. Asxssstvs.E-Sever&1 young fellows lodged at Vickerv's. I know the Oakleys; one of them is 23 years of age; he is called Teddy Oakley. James Underwood is a blacksmaith at Chertsey-lane-end. I know James Oaley. Saw himon the 19th of November at Addlestone, sat his own house. We vent out. Maithews had come to us. We were cogo out poaching. Iwentout with them at7o'clock. ionk, Twilley, and Vickery, wena with us. I had a stick so had lonk; the other four had a gun a piece. We went to two places, and foundl no gamne; first ta Old.lane copse; then to Squire Page's. We went into the wood. Vickery shot a pheasant. Shot two before the keeper came up. He asked what we were at there; one said "Furi." lie said " Comical fun." Then Oakley struck him with tfio but-, ernd of a gwl. Then he received a blWw from Malttliews withl a gun. Then he was knocked into the hedge; he called tbr mercy- we ran away. iMr. AN DREWS would niot contend with the evidence, whiich was too positive In suTrendering the prisoners to the jury, however. he wished them to keep in mind, that the projector andi leader ir this business was Oakley, who was not Yet takeri, He hoped the Jurn would add their weight to wehat he had said, in order to asdist ghis Lordship in distinguis'ning as to the apportionment of punishnient. AMlr. JustiCe PARKC observed that the counsel had acted with great discretion. This was thesecond case to-day which went to show that there were large organized bands of poachers going :bout the county of Surrey-; and they must be put an end to, er the peace of the county couldti ot be preserved. The prisoners were found Gailty. dIr. Justice PARK. in paising sentence, repeated a remark whichl he hatd made to the pri%oners in the last inlictnment-that if the game- keeper had been killed, thee ws9uli all have been execated at the gallows. The sentence on Vickeiy was tramsportation tor 7 years; on Matthews, imprisonment for 18 months; ywilley, 6 mouths. and Mronk for 3 ionths,,swith hard labour. Daniel PaAge, a stout country boy, was convicted of stealing a colt from ,John Killick, of Effingham, bat was recommended to meecy. dir. Justice PARK undertook to convey the recommendation to is ll3iajesty. SURRBY WINTER ASSIZES. WE:DNESDAY. DFC. 31.