QSR1867/1/5/3-4

Depositions of William Endall, gamekeeper of Studham. Joseph Janes, gamekeeper of Whipsnade. In the case of Tom Austin and Thomas Austin accused of the malicious wounding of William Endall and Joseph Janes, with a gun.

19 November 1866

From: 1866 To: 1867

Willian Endall: he was gamekeeper to Earl Brownlow and he lived at Studham. On Wednesday 7 November he was in the Bye Slip wood in the parish of Studham. He was there watching alone. There was a lane between the wood and the Long Grove wood. These are both in Bedfordshire. He saw Alfred Hughes, Tom Austin, Thomas Austin, Bartholomew Turner and a fifth party who he didn’t know. Hughes had a dog and Thomas Austin had a gun in his hand. The 2 Austin’s came up the lane and the other 3 men went into the wood with the dog. He saw pheasant up in a tree just before him in Long Grove Wood. Thomas Austin gave the gun to Tom Austin who went into the wood and shot the pheasant. Tom came into the lane, where Thomas was, with the gun and pheasant. He went out of Bye Slip Wood into the lane and met him. He attempted to stop him and he was hit on the top of the head with the barrel of the gun. He laid hold of Tom Austin and they went down together. He took the bird from him and whacked it about 5 yards away. Joseph Janes, Mrs Macnamara’s keeper, then came and picked up the bird and gave it to him. He put it in his pocket. He had got up from the ground as had Tom Austin. Thomas Austin had been standing by whilst this occurred. Tom Austin then said “I’ll have the bird for I shot it” and he struck Endall over the head with the gun and knocked him down. Thomas Austin came up whilst he was down and struck him on the arm with the stock of the gun. Whilst he was on the ground Tom Austin took the bird out of his pocket. Endall got up and ran away. The second blow from Tom Austin had cut his head open. As he ran away he saw Tom Austin and Joseph Janes on the ground struggling. He saw Thomas Austin strike Janes on the back with the stock of the gun. Janes came directly after him and he saw Janes head was cut and he had blood running down his jacket. He did not hit Tom Austin with his stick. He had told Thomas Austin he had not been in the wood and better be quiet. Austin replied “I came with him and I shall take his part”. He expected the gun had fallen or broken into 2 as it was in 2 parts when he got up from the ground. Thomas Austin had hit his arm. He had no mark but could not lift his hand to his head for 2 or 3 days. He had a hat on when he was first hit. Joseph Janes: he was gamekeeper to Mrs Ann Macnamara and lived at Deadmondsey Wood, Whipsnade. On the afternoon of 7 November he saw Endall cross the lane between Bye Slip Wood and Long Grove Wood. He saw him go into Bye Slip Wood. He was about 80 yards away. About 2 minutes later he saw the 2 Austins coming up the lane toward where Endall was. Thomas Austin carried a gun which he gave to Tom. Tom went into Long Grove Wood. He heard the gun go off and saw smoke. Tom Austin came out with the gun and a pheasant and ran down the lane towards Endall. Endall threw Tom Austin down and took the bird from him. Janes ran up and Endall threw the bird on the grass and said “pick that up Joe”. He picked up the bird and gave it to Endall. Tom Austin said he would have the bird and struck Endall with the barrel of the gun on the head and knocked him down. Thomas Austin struck Endall with the stock of the gun over his shoulders whilst he was on the ground. Endall had the bird in his pocket and Tom took the bird. Endall got up and went away. Endall was bleeding. He tried to get the bird from Tom Austin but was struck by the barrel of the gun on the side of the head and Thomas Austin hit him with the stock. He had hold of Tom Austin and they went down together and struggled for about 5 minutes. He got up and some other man hit him with a stick and then Tom Austin hit him with the barrel on the head. He got away. Both blows were in the same place and it made his head bleed. As he ran away he met Thomas Austin coming up with 2 others. One of the other knocked him down senseless with a stick. He afterwards went to Endall and they saw the 5 men going down the lane together. He knew Tom Austin by sight and Austin was a carpenter. He did not see the Austin make the blows and didn’t see the barrel lifted up. It was dusk at the time. Statements of the accused: Tom Austin – not guilty Thomas Austin – not guilty.

item

Austin, Tom,
Austin, Thomas,
Endall, William,
Janes, Joseph,
Macnamara, Ann,
Brownlow

STUDHAM, WHIPSNADE, wounding, guns, gamekeeper, poaching