QSR1833/4/5/3

Depositions of Charles Squire, postman of Dunstable. Thomas Bandy, labourer of Houghton Regis. Robert Fowles, constable and street keeper of Dunstable. James Neal, labourer of Hougton Regis. In the case of Abel Burgess accused of the violent assault of James Neal and robbing him on the highway.

27 August 1833

From: 1833 To: 1833

Charles Squire: sometime in the month of April he was coming from Leighton to Dunstable on foot with the mail boy. They were on the footpath and the mail boys wife and another female were on the road. He spoke to Neal and asked him what the matter was. Neal said his wide would not go with him. They said goodnight and he walked on about 10 yards when he saw a man standing on the path with his back towards him and his face towards the hedge as if making water. When he passed the man the man walked towards Neal. The man went up to Neal and his wife and he heard a wrangle and went back towards them and saw Burgess the prisoner strike Neal with a short stick which knocked Neal down in the road. Burgess fell on top of him and he saw blood running from Neal’s nose and mouth. Neal got up and said “you have got all you ran out of me. What do you want more.” He went towards Dunstable and heard Neal cry out ‘murder’ again several times. He did not go back to assist because he had the mail bags and his time was up. Neal called out to him to tell the constable. He said he would and met Fowles, the constable, near the Brown Inn at Dunstable and told him there was a disturbance and cries of murder just out the town and that he had better go. He met the other watchman just after and sent him as well. Thomas Bandy: on the night of 6 April he was going home from Dunstable to Houghton Regis. When by the White Hart at Dunstable he heard a cry of murder down the road below Mr Brown’s. He ran to the spot where he heard the cry and saw James Neal getting up from the ground. Abel Burgess was standing on the path by the side of him with a stick in his hand. It seemed a largish stick. Neal’s wife and Mary Fensom were standing close to Burgess. Neal asked him to see him safely home as Burgess had knocked him down. He went on with them and walked before them. When they got past Mr Moineer’s house Abel Burgess said to Neal “you b___ I shall serve you as I did before” and he struck Neal about the face and knock his hat off. Burgess repeated the blow and knocked Neal down. When they got opposite the turn of the road to Houghton he dared not go any further and stopped there. He listened to hear if anything further occurred so that he might call up people from the houses to go and assist. Neal begged him to go on with him to see him home safely. Burgess said “Damn you. I’ll give Bandy sixpence to go and see you safe home”. That made him more frightened for he expected Burgess would way lay him going home again. He heard no more and went home. Robert Fowles: on the evening of 6 April he was almost opposite the Red Lion in Dunstable and heard a strong cry of ‘murder’ repeated 2 or 3 times. It was apparently from the direction of Mr Brown’s at the lower end of town. He went towards the place and met Charles Squires in the street near the Brown or White Hart. Squires told him there was a strange disturbance there and to make haste down he asked him who the parties were and he replied Neal and Burgess. He went down towards the place but when he got out of town at Mr Browns’s brewery corn he could not hear or see them. James Neal: about 9.30pm on 6 April he was coming from Chalk Hill to Dunstable with his wife and about the mile stone out of Dunstable they met Abel Burgess and Mary Fensom. Mary Fensom stopped his wife to speak to her and he walked on and did not hear what passed. His wife caught him up and they went together to buy butter, sugar and bacon from Mr Osborne’s shop. He forgot to buy tobacco and went back in again to buy it. He then had 5s 4d ½ which he put in his purse and put the items into a little basket which he carried himself. He had received that afternoon 5 shillings, a sixpence and 4 pennies from Mr Barnard of Bedwell and 20 pence from Mr Cook at Houghton. He and his wide set off to go home and met Burgess and Fensom again. It wasn’t a quarter of an hour since they had met them before. Mary Fensom said to his wife “Eliza I want you for I have something to tell you”. His wife went towards her but he told Fensom to say what ever she wanted to say in front of him. Fensom said she could not. He told Fensom she shouldn’t tell it at al for there was no good in their heads. His wife said Fensom would tell her or she would go back into town again. He said she would not go back into town that night. Mary Fensom caught hold of his wife’s left hand and pulled her towards town. He laid hold of his wife’s right hand and pulled her towards home. His wife said she would go but he said she would not and that they were on their way home and there were the children. Mary Fensom looked to Burgess and asked for help. Burgess came and hit him on the side of his head with a large stick and knocked him down. Mary Fensom told Burgess to knock his brains out. Burgess said he would knock his brains out and leave them for the carts to run over. He cried ‘murder’ when he was struck and fell. Burgess kicked him violently on the back and loins. He was so hurt by the blow to his head that he did not know where he was and lay on the ground for several minutes. He got up and cried murder 3 times. Burgess stood close to him. Mary Fensom stood close to Burgess and his wife 4 or 5 yards away. His basket and hat lay on the side of the road and sugar, butter and bacon in the road. On getting up he felt his pocket and found his pocket torn down and his purse and money gone. Mr Charles Squire came up to him and asked Burgess what he had to do with Neal and his wife. Burgess said nothing and it was the other girl he was after and that Neal had been meddling with her. He asked Squires to fetch a constable and looked for his purse and money but could not find it. He picked up his other items. Thomas Bandy came and said told him to go home along with him. He, his wife and Bandy walked towards home. Burgess and Fensom walked a little way before them and when they got opposite Mr Moineer’s Burgess said something to him but he did not know what. He said to Burgess about “it was only lent” meaning he would get a warrant for him on Monday. Burgess gave the stick to Fensom and came and struck him violently, knocking him down. He was struck again when he got up. Bandy spoke to Burgess and Burgess told Bandy that if he said anything he would serve him the same. They walked to the road towards Houghton and he asked Bandy to go home with him. Bandy said he would not and went home. He then went home with his wife. His wife went to bed first and when he went up he searched her pockets for his purse but could not find it. The next morning (Sunday) Mary Fensom came to the house and he heard her whispering with his wife. He could not hear what passed. His wife left the house and he did not see her again until he saw her in the Horsemonger Lane Gaol and she had since been transported. The following Monday he took his 2 children to the Overseer to ask him what he must do with them and the overseer told him to take them to his mother and he would take care of them whilst he went to get a warrant for Burgess. He directly went to Luton and got a warrant from a magistrate. He went to Barrel Train [?] to catch Burgess but could not find him. He continued his search for many weeks until he heard from Burgess’s brother’s wife that Burgess and his wife were in gaol in London. He went to London with the wagon and in a public house in Applegate he heard a gentleman read out of a newspaper that Abel Knight, Eliza Harwood and Sarah Neal were in prison. The gentleman told him they were in Horsemonger Lane gaol. He thought they were the same people as his wife’s mothers maiden name was Harwood. He went to the gaol and gave a description of Burgess and his wife to the turnkey and told him their real names. The turnkey said there was no doubt they were the same people and he was allowed to see his wife, who told him Burgess was also there and they were in there for stealing a watch. He went by wagon to his wife’s father at Flamstead and got work there reaping. On the Thursday night he set off to London and walked to Croydon to hear the trial. He afterwards went to Flamstead and went to work again for Mr Poulton. Monday morning he saw Burgess going from Dunstable towards the Half Moon public house and he went directly to Dunstable and gave the warrant to a constable and the 2 constables went and took Burgess. He had not been in a beer shop on 6 April and had not taken a drink that day except water from the pond. Statement of the accused: Abel Burgess declined to say anything and refused to sign.

item

Burgess, Abel,
Squire, Charles,
Bandy, Thomas,
Fowles, Robert,
Neal, James,
Fensom, Mary,
Neal, Eliza,
Poulton,
Barnard,
Cook

DUNSTABLE, HOUGHTON REGIS, Chalk Hill, London, Flamstead, transportation, gaol, general family, postman, assault, highway robbery