QSR1856/4/5/12a

Depositions of William Wilson, gardener to Joseph Tucker esq of Pavenham. Josiah Middleton, gardener of Pavenham, William Green, police sergeant of Sharnbrook, William Hulatt, under gardener of Pavenham, William Byers Graham, superintendent of police at Sharnbrook, John Pearson, labourer of Pavenham and Thomas Brooks, blacksmith of Pavenham. In the case of Robert Toll accused of feloniously cutting and damaging 11 cherry trees, a mulberry tree, sundry pear trees and other trees, the value amounting to £50.

15 September 1856

From: 1856 To: 1856

William Wilson: on the evening of 15 September he had left the garden of Mr Tucker locked up and safe. The following morning he found the door locked as usual and on opening the door he saw some standard trees had been barked. All the wall tress, vines in the houses and 335 plants of different kinds had been destroyed. The wall tress had bark cut off around 6 or 8 inches above the soil, just below the graft. He believed they were cut so they were totally destroyed. There were 40 walls tress consisting of peaches, nectarines, apricots, cherries, plums, pears and a fig tree. 12 standard trees were cut in a similar way. There were 11 cherry trees and a mulberry. In the houses 20 vines were destroyed, 18 having been barked and 2 having been cut down. He went to advise Mr Tucker. Josiah Middleton and his son were with him. He sent for the Superintendent of Police but before he came he accompanied Mr Tucker around the garden. Mr Graham, PC Green and himself examined the premises and found the trees had been cut with the left hand. No fruit was missing from the garden. Their attention was directed to footmarks. They covered one of the impressions. 3 or 4 days later superintendent Graham patterned a laced shoe with the impression. It seemed to agree exactly. He could not distinguish that a person had got over the wall which was 12 to 14 foot high. He believed whoever had entered the garden had done so by a false key. He, Hulatt, Middleton, Mr Tucker and his son all had keys. None were missing. He produced 2 wires used to support flowers. Both wires bore marks of a knife which must have caused damage the edge of the knife. He observed the impression of a mans knee on soil near the wall. The impression had a corded pattern and remained clear for some days. Josiah Middleton: He had been in the garden with Wilson and his son on the morning the damage was discovered. He knew Robert Toll and had worked with him. Toll was left handed and would sometimes do gardening. Toll had worked for Mr Hilton, the Ashpoles and Mrs Hipwell. When he talked the matter over with Hulatt, the under gardener, he told him he thought it was Toll as no one else would so it as cleverly. He saw it had been done by a left handed man. William Hulatt: undergardener to Mr Tucker. He recalled the damage. He had served a notice to quit some garden ground and a cottage on Robert Toll, from Mr Tucker, in the Spring. William Green: a sergeant in the Beds Rural Police. He apprehended Robert Toll on 19 September under a warrant issued by Mr Gibbard. He searched him and found 2 clasp knives in his pocket. Toll said they were his only knives. He searched Toll’s house in the company of PC Manton and found 9 keys in a locked box. He found another knife and a further 10 keys. The knife appeared recently ground. A grind stone was in the garden and appeared recently used. He took Toll to Sharnbrook and he was remanded by Mr Gibbard. Toll was put to bed at the Swan public house at Sharnbrook and he secured him to the bed with a chain and handcuffs. About 3am he received notice the prisoner had escaped. He went to Pavenham and saw James Ward, son in law of Toll and asked him if Toll was at his house. Ward replied not to his knowledge. He found Toll at the house and the handcuffs and chain were on the floor. Mrs Ward had a hatchet in her hand and the cuffs were cut in two. Toll said if he had come a few minutes later he would have been gone. Toll said he would have hidden himself until night, sent to Bedford for his best clothes and then made his way to London. Toll said neither man nor woman had seen him go to Tuckers garden. Green had observed seen the footmarks at the garden and on 19 September he saw a shoe on the prisoners foot which he believed to match the impression. He took the shoe. William Byers Graham: on 16 September he went to Tucker’s garden and saw the damage done. The trees appeared cut round in a ring and then barked down to the main wood. He noticed several footmarks in the borders. From the position of the toe marks it appeared the person had knelt on their right knee and that confirmed his opinion that the cut had been made by a left handed person. There were no perfect footmarks in the garden as the ground was dry but he was able to determine the size, length, width of tread, shape of the heel and nail marks by the footprints. [detailed description of footmarks…….] He noticed a footmark in moist clay and had that impression covered over. On 23 September the impression was very clean and distinct and he believed the shoe he produced had made the mark. He had taken the shoe from the prisoner on 22 September. He also noticed the mark of cord breeches on the ground and it believed it to of the same pattern as those worn by the prisoner. On 19 September he was conveying the prisoner from Pavenham to Sharnbrook, Toll said no man or woman had seen him go to the garden or come away from it. Toll said he had gone to bed on the night in question at 9pm. He had got up between 5 and 6am on 16 September when Mrs Harrison had asked him to go for a doctor for her daughter. James Pearson: he worked for Mr Tucker. A little before Harvest he was hoeing the turnip field with other men when Toll passed along a footpath in the middle of the field. Toll began talking about turnips and said he had seen some fine fields of turnips but this was like its master, a shabby lot. Toll said there was a damnation curse hung over all they had and they should never prosper in the village. Pearson believed that he meant ‘our master and us’. Toll rented ground off Tucker and had young trees in it which he believed he had raised and grafted himself. Toll gardened for people in the village. Toll said there were 17 or 19 people in the village who owed him spite but he should be able to get his living. John Pearson: he knew Robert Toll well and knew he farmed and gardened a little land belonging to Mr Tucker. Toll had fruit trees in it and worked for himself. About May he heard Toll express himself angrily about Mr Tucker. Toll swore and said Tucker would have a mighty fall. Toll spoke disrespectfully of both Mr and Mrs Tucker and swore about them. This took place at the George & Dragon in Pavenham. Others were present. He could not recall Toll saying why these things would happen to the Tuckers. Thomas Brooks: he knew Toll and had taken the garden he had occupied under Mr Tucker. Toll had said, about 6 week previous, that he would cut down the trees if he did not take them. He had since seen Toll and bargained with him to take the trees. This was on 13 September. There were a few young apple tress and plum trees. Toll said he had grafted several of them himself. Mr Tucker told him that Toll night take away the young trees if they were not paid for. Statement of the accused: he was not guilty.

item

Toll, Robert,
Wilson, William,
Tucker, Joseph,
Middleton, Josiah,
Green, William,
Hulatt, William,
Graham, William Byers,
Pearson, John,
Brooks, Thomas

SHARNBROOK, PAVENHAM, gardener, blacksmith, malicious damage, fruit trees, Sharnbrook Swan, Pavenham George & Dragon