QSR1844/2/5/11-12

Depositions and examinations - William Peat and Robert Appleby charged with destroying or damaging one peach tree, 3 pear trees. one cherry tree, 6 plum trees, 6 apple trees, 2 walnut trees, one cedar tree, and many other trees and shrubs growing in a garden, orchard and pleasure ground belonging to Charles Moore Esq. at Maulden on 30 March 1844, causing damage exceeding £1

4 April 1844

From: 1844 To: 1844

Francis Read of Maulden, yeoman – he has the care of Captain Charles Moore’s house at Maulden, which is not now inhabited. About 7am on Saturday 30 March he was informed that the trees and shrubs in the garden had been destroyed. He found the a large pear tree had the branches cut off and the body so injured as to be destroyed; a cherry tree the same; several apple trees, a plum tree and a grape vine either partially or wholly destroyed; a number of gooseberry, currant, and raspberry trees pulled up, cut in two or otherwise injured. In the orchard 13 trees, apples plums etc had the heads cut off. In the pleasure ground he found a fine red cedar cut to within a few inches of the ground; an arborvitae with the head cut off; a great number of standard roses and other ornamental trees and shrubs either cut off, pulled up or otherwise destroyed; and a great quantity of flowers pulled up. The damage done is more than £1 – he considers it to be more than £10. All the branches, trees and shrubs were left on the ground, except part of the red cedar which he could not find. He has since seen several pieces of red cedar (now produced) in the possession of Mr Bates. Put together they make the upper part of the stem of a red cedar, which is the part missing. All the trees appeared to have been cut by a knife. He assisted Police Constable Young and Parish Constable Doggett in comparing some shoes with footmarks he found in the garden when he first went in. He saw the marks before anyone else went there and then stopped other persons going there. One pair of shoes produced, said to be William Peat’s corresponded with 2 or 3 of the marks. The other pair of shoes also agreed with other marks, but the marks of the nails were not sufficiently clear to swear to them. He has no doubt they were the shoes that made the marks. John Peat of Maulden, labourer – he is the brother of the prisoner William Peat. He was with him and Robert Appleby last Friday night. They left the Flying Horse public house together at 9.30 and he parted with them at Smith’s beer shop and went home. He did not see them again that night. The next morning he went to them at 6.45am. They were in Mr Parrish’s hovel. He knew where to find them as he had slept there with them before. They were lying on the straw. The hovel is only 200 or 300 yards from Appleby’s father’s where he lives and about ½ mile from their home where his brother also lives. When he went in Appleby got up and his brother said “let’s lay down another half hour”. He laid down and they did not say anything then. About ½ hour later they got up and went into the rick yard, then to the Compasses where they had a pint of beer. His brother had a stick in his hand. He did not see it until they were against Tompkins’s. While they were in the Compasses Odell said it was a funny stick like a cabbage stalk. He thinks his brother was breaking it then and he put it on the fire. Doggett came in and took it out, and took them all into custody – he did not tell them what for. They were taken to the cage. He did not know then what for. In the cage they were talking together, and they both said they had been doing something to some trees. Appleby said they had cut some currant trees up and some apple trees and a saffron tree. His brother said they same. They did not say when they had done it. Appleby said he should be transported as he had been in gaol before and his brother would get off with 12 months. They did not mention Capt. Moore’s name. He had never heard them say before that they meant to do it. They did tell him as they were going down the street that they had been cutting down some apple trees and a saffron tree. He does not recollect which one spoke first. His brother said the stick he had was the top of one of the trees they had been cutting. He said to his brother if it was him he would throw the stick away or it would bring him into the scrape. Maria Smith, wife of William Smith of Maulden – they keep a retail beer shop at Maulden. On Friday at 10.15pm William Peat and Appleby came into their house and asked for beer. She refused to let them have it and they went away. They live 2 or 300 yards from Cap. Moore’s house. James Odell of Maulden, chimney sweeper – he was in the Compasses in Clophill on Saturday morning between 7 and 8am. Three young men came in – William Peat, his brother and Robert Appleby. William Peat had a stick in his hand about ½ yard long which looked fresh cut. The landlady said “what a funny stick you’ve got”. He said “it looks like a cabbage stalk”. William Peat then broke it and threw it in the fire. Almost directly after Doggett came in he saw him go to the fire and take the pieces of stick out. Doggett took the men into custody and went into another room. Vincent Doggett, parish constable of Clophill – on Saturday morning he met William Peat, Robert Appleby and John Peat in the street at Clophill. Capt Moore’s premises are in Maulden but they adjoin Clophill. He noticed that William peat had a particular stick in his hand. He was on his way to Capt Moore’s at the time. He was suspicious and watched them go into the Compasses. He followed them and asked where the stick was. John Peat pointed to the fire and said “there is part of it”. He took it out of the fire and some bits from under the fire. He gave them to Mr Bates. They are the pieces now produced. With Young’s help he searched them and took away a knife from William Peat and several knives from Appleby. Young has got the knives. William Peat’s knife was marked with green stuff on the blade. One of Appleby’s is also slightly marked in the same way. They later took off their shoes and compared them with some footmarks in the garden, down by the side of a privet hedge where the mound was rather moist. They appeared to be the marks of 2 persons only. William Peat’s shoes exactly patterned with the marks. Robert Appleby’s shoes were compared with marks on the opposite side of the garden where the mould was loose and the marks of the nails did not show, but the length and breadth matched. He is a shoemaker and it is his belief that the marks were made by these shoes. Robert Young, police constable stationed in Clophill – he went to Capt Moore’s premises and saw the damage done as described by Mr Read. He patterned some footmarks in the garden with Doggett. He believes there were only two sets of footmarks and they compare with the 2 pairs of shoes. He produced the knives he took from the prisoners. James Bates, police superintendent stationed at Ampthill – he produces some pieces of wood he received from Doggett, the ones sworn to by Mr Read as being red cedar. He also produces part of a head of a red cedar tree which he saw lying on the ground in Capt Moore’s pleasure ground. He was present when the shoes were compared with the marks in the garden and is satisfied they were the marks of only 2 persons. They correspond accurately with the shoes. William Peat – “I never did it. I wasn’t there.” Nothing else to say Robert Appleby – “I say the same. I was never on the ground.”

item

Peat, William,
Appleby, Robert,
Moore, Charles,
Read, Francis,
Smith, Maria,
Peat, John,
Odell, James,
Doggett, Vincent,
Young, Robert,
Bates, James,
Smith, William

MAULDEN, malicious damage, trees, fruit trees, orchards, apple tree, cherry, cedar, walnut trees, peaches, plums, pears, gooseberries, currants, raspberries, grapes, gardens, rose, flowers, fruit, beer houses, beer retailer, chimney sweep, shoemaker, police constable, parish constable, Clophill Compasses, Clophill Flying Horse, parish cages