QSR1893/1/5/6,7

Depositions of Mary Ann Stafford, wife of Edward Stafford of 20 Pelham Square, Brighton, Sussex; Frederick Winser, Bailiff in Bedford; Frederick Boase of Bedford; Joseph Lovell, Police Constable of Ravensden and Charles Mitchell, farmer of Wilden. In the case against John Butterfield the Elder and John Butterfield the Younger accused of Pound Breach on 13th november 1892 - retrieving five heifers and three cows, on which a Distress had been levied by the Bailiff for the sum of £57 owed by John Butterfield the Younger to his landlady Mary Ann Stafford, from the property of Mary Ann Stafford from Radwell.

23 December 1892

From: 1892 To: 1893

Mary Ann Stafford said: I am the wife of Edward Stafford of No 20 Pelham Square Brighton in the county of Sussex. I am the owner of a farm at Radwell Felmersham as Tenant in Life. I let the farm to John Butterfield the Younger. I produce the Agreement of Tenancy marked ‘A’. My husband is a party to it but the farm belongs to me for life. On Nov 12 1892 there was owing to me from John Butterfield the Younger £57 for rent due up to Sept 29 and on that day I signed the Warrant of Distress now produced and marked ‘B’ addressed to Frederick Winser as my Bailiff and left the Distress in his hands. [cross-examined] It was all filled up when I signed it, but I cannot recollect whether the blue writing was in. Frederick Winser said: I live at Bedford and am a Bailiff appointed under The Law of Distress amendment Act 1888. On Nov 12 1892 I received the Warrant of Distress marked ‘B’ and now produced from Mary Ann Stafford. I saw her sign it, it was filled up by me before she signed it as it now appears in ink, but before I left a sub Bailiff in possession I put in his name in blue pencil. I went to Radwell on that day and saw the Elder Defendant. I did not see the younger one. I told the Elder Defendant I had come for £57 rent. He said “It is nothing whatever to do with me it is my son” I then asked for the son he replied “He is not here” I said “Can I see him” he said “no he is not here” I then went round the farm with Mr Edward Stafford and took an inventory in my book the leaf of which I now tear out and produce marked ‘C’ – In my Inventory were 8 Cow [Kind] and other things. I afterwards copied the inventory on the warrant marked ‘B’ and then went back to the house with Mr Stafford. The 8 cows were then left in the field. The things included in the inventory I seized. When I went back to the house I saw the elder Defendant and told him I had seized the cows and the horses and what there was on the Farm. I asked him if he wanted what I seized read over, but he said “No I don’t want to hear nothing”. I asked him for his son and he said “He is not here.” I left about 12.30 mid-day to fetch a Sub-Bailiff. I left Mr Stafford behind me and the warrant with him. I returned to Radwell about 2.30 that afternoon with Frederick Boase. I took him round the farm and checked the inventory with him. I left the farm about 4 o’clock and left Boase behind me. I did not see either of the Defendants while Boase was with me. On Saturday the 12th Nov I did not see the younger Defendant at all. I heard no more about the Distress until Monday the 14th. On Tuesday the 15th in consequence of what I had heard I went over to Radwell. Boase was still in possession. I went round the farm but the cows had all gone. [cross-examined] I wrote the list enclosed on the warrant on Saturday the 12th Nov about 3 o’clock. I wrote the list in the book before that. I valued the turnips on the farm at £4. there was about an acre and a half – a useful crop. I did not dispose of the Distress. Frederick Boase said: I live at Bedford. On Saturday Nov 12th by the order of Frederick Winser I went to Radwell to act as his Sub-Bailiff in a Distress. He handed me the Warrant of Distress marked ‘B’ and now produced and I took possession of the things mentioned in the inventory. After Winser left me I went over the farm and checked the inventory – I took possession of 8 Head of Cattle which were in one of the fields of the farm. There was a gate to the field fastened by a latch in a staple. I left the cattle in the field and fastened the gate with the catch, this was between 5 and 6 o’clock. I saw the cattle again in the field between 8 & 9 o’clock that night. On Sunday morning between 7 and 8 I went to the field again to see that they were all right but the cattle had all gone. I searched over the farm but did not find them and I then went to the house to enquire but could not find either of the Defendants. I communicated with Mr Stafford. Joseph Lovell said: I am a Police constable stationed at Ravensden. On Sunday morning the 13th November between 4 and 5 o’clock in the morning I met the two Defendants on the road between Ravensden and Wilden. They had 8 cows and a dog with them. The younger Defendant said to me “Can you tell us the way to John Smiths the farmer at Wilden?” I took them there and showed them the house. I asked them where they had come from, the younger one said “From Thurleigh” I said “Do you know the officer at Thurleigh” The younger defendant said “Yes he is a farmer”. I said that is a lie you don’t come from Thurleigh at all. He did not reply. the younger Defendant went and knocked Mr Smith up and his father minded the cows while he did so. I saw the Defendant leave and go to a little farm called “Swanwick” occupied by Charles Mitchell – they took the cows with them. Charles Mitchell said: I am a farmer and live at a farm at Wilden. On Sunday Nov 13th between 7 and 8 am the 2 Defendants came to my house, they had eight cows with them. the younger one asked if they might stay there the Sunday and I told them they might – and they stopped that day with the cows until Monday morning when I bought two of the cows from the younger Defendant a white cow and a red one. I gave £13 for the two. The defendants took the other six away early on Monday morning. Statements of the accused: John Butterfield the Elder: "I reserve my defence" John Butterfield the Younger: "I reserve my defence" Agreement marked 'A' and referred to in the depositions - tenancy agreement between landlords Edward and Mary Ann Stafford and tenant John Butterifeld. Distress Warrant marked 'B' and referred to in the depositions authorising Frederick Winser as Bailiff or his agent Frederick Bouse to seize qualified goods from the tenure of John Butterfield for the sum of £57 being the rent due as at 29th September. Hand written inventory on reverse of warrant. Page from the notebook marked 'C' referred to in the depositions with hand written inventory.

9 pages

item

Butterfield, John,
Stafford, Mary Ann,
Winser, Frederick,
Boase, Frederick,
Lovell, Joseph,
Mitchell, Charles

Brighton, BEDFORD, WILDEN, RAVENSDEN, Radwell, pound breach, farmer, Landlady, bailiff, sub bailiff