QSR1843/4/5/30

Depositions and examination – Simon Fowler of Riseley, carrier and farmer

29 August 1843

From: 1843 To: 1843

James Crook of Riseley, painter – on Sunday 20 August his brother Charles Crook of Risely, plumber and glazier, asked him to watch his woodstack in the garden to his house, adjoining a brick wall which separates his brother’s garden from Simon Fowler’s yard. On Monday morning about 4am he went down to watch. On Tuesday morning about 4.30am he went to watch again. He was in the mangle room from which he could plainly see the woodstack and the door of Fowler’s house. About 5am his brother came. About 5.30am Fowler came out and drove his horse from the yard towards the street. Soon after Fowler went to the woodstack and pulled at some of the faggot wood. He took out 2 or 3 small pieces for wood and laid them down by the side of the wall in his own ground. Fowler then went away. He heard Fowler talking with his wife. She came out and took up the wood. His brother spoke to her and she dropped it. [Replies to questions put by Mr Sharman for the defendant] There was no more than 5 minutes between Fowler’s taking out the wood and his wife taking it up. After his brother spoke to her she went up the street, he supposes it might be for her husband. He did not speak to Simon Fowler because they thought he had taken a little of the wood and would come for more. He heard Fowler say he had taken the sticks to drive his horse out of the yard. Fowler did not do that – his horse was in the street. He did not see him go into the street. He won’t say whether the faggot wood does or does not project over the wall of the yard. Charles Crook of Riseley, plumber and glazier – he has at times missed a good deal of faggot wood. Last week he set his brother James to watch. On Tuesday morning he watched with him from the mangle room. He saw Fowler come out of his house and heard him drive his horse up the yard. Fowler was gone some minutes. When Fowler came back he went to his [Crook’s] faggot stack. He saw him draw some wood from the stack. Fowler left it on his own premises by the side of the wall. When he went towards the mangle house he heard Mrs Fowler speak to him. She said she wanted some wood. Mr Fowler went towards the street, saying something he could not understand. Soon after he saw Mrs Fowler take away the sticks Fowler had laid down. He opened the window and spoke to her. She dropped the wood. When Fowler came home about an hour later he said “you have accused me of stealing your wood”. He said he had and that it was true. He refused to let Fowler make it up and summoned him. [Replies to Mr Sharman for the defence] Mr Fowler did not give him any reason why he had taken the wood. His brother and Mr Fowler were not together that morning without him that he knows of. His brother might have spoken to people afterwards. About 5 minutes after he had spoke to Mrs Fowler she went for her husband. When he spoke to Mr Fowler he confessed he had taken the wood and said it was to drive his horse out of the yard. Neither Fowler nor his wife said anything about using the sticks to get anything from the well. Very few of the faggot sticks project over the wall. The ones Fowler took did not. Simon Fowler of Riseley, carrier and farmer – he is not guilty.

item

Fowler, Simon,
Crook, James,
Crook, Charles

RISELEY, stealing, wood, painter, plumber, glazier, carrier, farmer