QSR1867/3/5/18

Depositions of Henry Small, of Luton, agent to Messrs Thomas Brassey and Stephen Ballard, railway contractors. Thomas Bonner, railway labourer of Harlington. Amos Glenister, police constable stationed at Westoning. James Busby, police constable stationed at Harlington. In the case of Alfred Fowler accused of stealing 2 bushels of oats, crushed beans and bran and 40lbs of hay chaff.

6 June 1867

From: 1867 To: 1867

Henry Small: he lived at Luton and was agent to Messrs Thomas Brassey and Stephen Ballard, railway contractors. He knew noting of the prisoner but had heard his name was Alfred Fowler. There was a quantity of hay bran, beans and oat kept in the stables at Westoning along with straw and chaff for the horses. He was not aware that any of the articles had been [?] lately. They fed the horses on similar provisions to what was contained in the bags produced. No one had any right to dispose of the provisions for the horses. His horse keeper, Daniel French, had charge of the horse provisions and care of the horses. He heard French had absconded and he had not seen him for a fortnight. He had been on the premises in the meantime and another man was put in French’s place. The prisoner had no authority or right to fetch the horses or provisions away. He believed the prisoner had been employed as a carter. The sack produced contained 2 bushels, with the contents valued at 8 shillings. The other bag contained about 40lb of hay chaff and was valued at 2 shillings. He had never complained to his foreman of the cost of corn the district. [cross examination] he purchased the corn from one merchant. The hay was brought from several persons. The beans in the sack were crushed in their machine. They were a small tick bean purchased from Mr Brewer of Luton. He sometimes visited Westoning 6 times a week. Since 25 May he had perhaps been to Westoning 3 or 4 times. He heard French had left on 26 May and he was not at Westoning on that day but was there the 2 following days. They cut their chaff. The beans were brown. The bran was purchased Mr Devitt [?] of Luton. They purchased the beans and oats sent to Westoning station. He could not say when. He sees samples but did not see a sample of the oats or beans. It was partly his duty to see the quality of what was delivered. The quantity was checked. There were 20 horses under the contract. There were 7 different stables along the line. He gave the last order for the corn to be sent to the station of Tuesday night. He could not say when he was in the stable prior to the 25 May. He could not say what date the last order for corn was previous to 25 May. If he had his book then he could. Thomas Bonner: he was a labour of the Midland Railway at Harlington. He knew the prisoner well. On the evening of Saturday 25 May he went with the prisoner to Westoning in his cart. They went to the prisoner’s sisters there and then to the railway stables at Westoning. There were no sacks with corn in the cart but there were some empty sacks. He and the prisoner went to French’s house who was the horse keeper for Mr Small. He saw French walk about the road. He heard no conversation between French and the prisoner. French did speak to him. He did not go in the cart to the stables by walked there himself. He saw French and the prisoner came 5 minuets later with the cart. The prisoner said that the horse keeper had a little stuff for him as his horses would not eat. He went into French’s house and French stood outside. He saw the horse keeper put the stuff in the cart. The prisoner was then in the house. The stuff was in a sack. He and the prisoner left French’s together and went towards Harlington. The policeman stopped them before they left Westoning and took out 2 sacks. There was an empty sack belonging to him in the cart. He was a relation of the prisoner by marriage. His brother was married to the prisoner’s sister. The police took away his empty sack and returned it to after about a week. He saw the prisoner pay for some plait at French’s. He saw a bag in the cart afterwards. It was not like either of the bags produced. His bag and another were left in the cart when the policeman took out the sacks. He saw it was chaff in one of the bags when the policeman took it. PC Amos Glenister: at 8pm on 25 May he was on duty at Westoning. He saw the prisoner come from Westoning towards the railway stable there. The prisoner was in a cart. He watched the cart. After it had stopped for 2 or 3 minutes he saw French and the last witness look into Mr Campions field, both sides of the bridge and both sides of the hedge. They remained there for half an hour. During that time he saw the prisoner come into the village on foot. The prisoner returned to the stables shortly after and stopped for about 10 minutes. He saw the prisoner get into the cart and start. He stopped him between Burtons and the railway bridge and asked what was in the cart. The prisoner said he did not know and Glenister pointed to the sacks. He opened the sack and the prisoner said it contained a little stuff that French had given him as his horses wouldn’t eat. He took possession of the sack and another sack which the prisoner said French had also given him. He took the prisoner into custody and took him to the station. He told the prisoner he did not think it was the first time he had been down there and the prisoner said French had given him someone before. [cross examination] he had seen the prisoner with plait before. The prisoner was a carter. The prisoner did not remain long in the village and he could see him all the time. He remained in the same spot the entire time. He could not see anything put in the cart. He took Bonner’s sack to his house. He had the prisoner in his custody from the time he took him to the time he put him into the station. He never made enquiries as to the hay. When he stopped the cart, French was just behind it and he went away. PC James Busby: on Saturday 25 May he was on duty in Westoning near the railway stables there. He saw the prisoner drive a horse and cart to the stables. He backed the cart between the stables and the bank. A few minutes later Bonner came to the stables and looked over the hedge on both sides. Daniel French did as well. He saw the prisoner when he was in the custody of PC Glenister. He went after French but could not find him. Next morning he went to the railway stables and brought back samples of the beans, oats and bran. The same morning he went to the prisoner’s premises at Harlington and found a quantity of hay chaff, about 50lb in weight. He took possession of it. He compared the hay chaff taken form the prisoner’s premises with a sample from the railway stables. I believed the samples agreed. [cross examination] the prisoner did not say he purchased hay from Gadsden a week before. Statement of the accused: I am not guilty.

item

Small, Henry,
Brassey, Thomas,
Ballard, Stephen,
Bonner, Thomas,
Glenister, Amos,
Busby, James,
French, Daniel

HARLINGTON, WESTONING, LUTON, railway contractor, railway worker, Midland Railway Company, agent, carter, stealing, oats, beans, bran