QSR1838/2/5/9

Depositions and examination - Francis Fowler and Joseph Brasier charged wtih assault and affray

31 March 1838

From: 1838 To: 1838

Joseph Fensom of Luton, labourer – on Wednesday 21 March he was employed by Mr Sell the surveyor to [pick?] up the old Barton Road. Francis Fowler came and asked them to stop. He told Fowler he should not until he had seen his master. He came to Luton to see his master who sent him back again. Because he would not stop Fowler ordered his men to take the tools away. He believes Fowler had 10 men there or thereabouts. Brasier the constable of Barton and another man took the tools away under Fowler’s direction. Brasier did not tell him he was a constable, nor did he produce any staff. They took the tools from himself and his partner Samuel Ward by force. He should not have given them up unless he had been requested to do so by Mr Austin. He was raising gravel out of the old road by sack work at the time. He was not taking the material beyond the width of the road. Joseph Fensom of Luton, labourer [apparent from the indictment that there were two Joseph Fensoms] – he was at work on the old Barton road on 21 March. He does not know whether it was Barton parish or Streatley parish. He confirms that what Joseph Fensom [above] has said is true. He was [picking?] up the old road from side to side. They never went on the green sward. He was to get what gravel he could. The gravel part of the road was only about 4 yards wide. After the tools were taken away he came off. They did nothing else to him except take the tools. He should not have given up any tools unless Mr Austin had requested him to do so. Edward Sell of Luton, road surveyor – he was employed by Lord Bute who entered into an agreement with the parish of Streatley to let them have gravel out of the old road. Under his directions he got the men to dig. The [Trustees?] do not pay him and have no surveyor now. He was acting for the parish of Streatley and was paid by the parish. The men were digging in the parish of Streatley to raise materials for the new road in that parish. Lord Bute purchased the old road and it was with his permission that he was digging gravel for the parish of Streatley. Lord Bute offered the gravel to the parish provided it was dug uder his directions and on no other terms. He had dug and taken away over 2000 yards of gravel on the road before any objection was made by Mr Fowler. They wanted a little more and it was then that this objection was raised. Mr Fowler said he had directions from Mr Wilshere to remove the men by force.

item

Fowler, Francis,
Brasier, Joseph,
Fensom, Joseph,
Ward, Samuel,
Sell, Edward,
Bute, Lord,
Wilshere

LUTON, BARTON-LE-CLAY, STREATLEY, Luton Barton Road, assault, affray, surveyor, roads, constable