16th July 1926 - Buntingford Farmers' Dispute

Original image on Facebook

Buntingford Farmers' Dispute

Action at Hertford Assizes

Farmer Swoons in the Witness Box

An action was brought before the Lord Chief Justice of England, Baron Hewart, at the Herts. Assizes, at the Shire Hall, Hertford, on Tuesday, June 22nd, by Mr George Borlase, of Cumberlow Green Farm, Rushden, near Buntingford, to recover damages against Mr William J. Williams, of Ashdown Farm, Hare Street, Buntingford, for wrongfully detaining a thrashing machine lent to him in May, 1924, and not returned until July, 1925. Mr Lilley appeared for the plaintiff, and Mr Grafton Prior for the defendant.

Counsel for the plaintiff stated in opening the case that the parties were farmers and friends, and in May 1924, the defendant asked paintiff to lend him his thrashing machine to do a few days' thrashing. It was lent with the intimation that the plaintiff, who had then finished thrashing, would required to have it back again by the following harvest.

That thrashing machine was not returned until July 1925, three or four months after the issue of the wrist in these proceedings. Meanwhile the defendant had made use of the thrashing machine himself and had also hired it out to neighbouring farmers.

Those the defendant's books which the plaintiff had been able to inspect - not all of them - clearly disclused the fact that the defendant had let the machine out on hire to no less than 31 farms. Part of the damages would there be to take account of the profit which the defendant made by the use of the plaintiff's machine.

The damages were placed under the following four heads:

(1) The cost of hiring a thrashing machine to thrash his own corn after the harvest of 1924, £60;

(2) depreciation of the value of the machine and cost of alterations and repairs, £60;

(3) loss by damage to corn which sprouted owing to the fact that the plaintiff was unable to get another machine, £82;

(4) profits obtained by the defendant from letting the machine out on hire to other farmers, £100.

The Judge: What does a new machine of this kind cost?

Counsel: About £300.

Your are not asking for a new machine? - No.

Continuing, counsel said that before the plaintiff and the defendant came to Hertfordshire they were neighbours in Cornwall, and were very friendly. They used to buy stock from one another, and there was an account between them. At the time this machine was borrowed the plaintiff owed the defendant £100, and that was to be set off against his claim.

When the plaintiff in August, 1924, asked for the return of the machine the defendant promised to do so, but failed to keep his promise. He afterwards applied several times, but the machine was not returned. In March, 1925, litigation was commenced, and in July, 1925, the machine was returned.

The plaintiff gave evidence in support of counsel's statement. In cross-examination he denited that the defendant ever pressed him for a settlement of their accounts. In consequence of not getting back his machine he had to hire another one from a Mr Stick. Asked if the defendant had ever pressed him to pay his account, plaintiff replied: "Oh, no never. He simply said, 'Oh, go on boy; that's all right'."

Didn't you really let him have the machine because you owed him this money? - No, but when my men took the machine to him he said to them "It shall never go back any more."

The Judge: Don't you think that showed that you let him have the machine because you owed him £100? - No.

Counsel for defendant: Do you know your own machine? - What do you take me for? What a silly question to ask. (Laughter).

Mr Harry Goode, agricultural engineer, of Royston, was called to state that his charge for repairing the machine after it was returned was £55. In cross-examination the Judge elicited the fact that this witness sold the machine to the plaintiff in September, 1923, for £120, and it was then 22 years old.

Mr Thomas John Stick, farmer, and agricultural machinist, Mr John Henley, foreman to the plaintiff, and Mr William Aldridge, formerly in the defendant's employ, also gave evidence.

Mr Prior for the defence, said that he admitted having the thrashing machine and using it, but that he was always prepared to pay for it if the plaintiff would only come to an arrangement to settle the outstanding account.

The defendant (Mr Williams) stated that at the time he borrowed the machine the plaintiff (Mr Borlase) owed him £183 for cows, bulls, and other stock, and he still owed it to him. He had never paid a penny on account. Nothing whatever was said as to terms when he borrowed the thrashing machine, neither as to paying for it or as to how long he was to keep it.

Were you to pay him anything for the use of the machine? - No mention was made about paying anything.

It was pointed out to him that in the correspondence at first they were very friendly and addressed each other as "Dear George" and "Dear Will," but afterwards Mr Williams altered his attitude - Yes, replied defendant, when Mr Borlase sent me several nasty letters I said I would not have anything more to do with him, and asked him to pay me what he owed me.

What damage has Mr Borlase suffered by your retaining his machine? - None. I have had damage through not being paid for my bulls and cows that he has had since 1923.

Mr Williams was then cross-examined as to the documents he had been asked to produce, and why he had suppressed some that were material to the case, and he replied that he did not think they were material.

The Lord Chief Justice then sternly remarked: Do you know that nothing is so prejudicial to your case in these courts as the suppression of documents?

Mr Williams faltered, and fell head-long out of the witness-box on the floorof the court with a heavy thud. His wife, who was in the gallery, and the police ran to his assistance, whilst the hall-keeper hurriedly fetched a glass of water. The defendant soon recovered, and was able to say "I felt giddy," but he looked very much shaken, and no further questions were asked of him by the plaintiff's counsel.

Evidence was given by Mr Grigg, of Cockhampstead Farm, Braughing, Mr Fred Dowton, of Cottered, and others for the defence.

His Lordship said that in his opinion the plaintiff was clearly entitled to succeed, and he awarded him £81 14s. 9d. after deducting the £100 owing to the defendant, the defendant to pay costs.

(From the Herts. Mercury).

2nd July 1926 - Buntingford Petty Sessions

Original image on Facebook

Buntingford Petty Sessions

Friday last, before Col. C.H.B. Heaton-Ellis (in the chair), The Hon. Baron C.R. Dimsdale, Captain H.H. Williams, and D. Crossman, C. Fraser and H.C. Marshall Esqs.

An Assault Case

Thomas Charles, of Harestreet, was summoned for assaulting Jonah Brown, of Sandon Road, Buntingford.

In his evidence the paintiff stated that the defendant jeered at him when he passed on 17th May. On June 3rd he stopped him in the High Street, and said he would hit plaintiff with a stick. Witness went up the Harestreet Road, where defendant struck him on the arm and shoulder.

Herbert Barron, of Harestreet, and George Jackson, of Buntingford, gave evidence on behalf of the defendant. Mr G.H. Maughan represented the plaintiff.

After hearing all the evidence the Chairman said it appeared that there was a long standing feud between the two. There was no doubt that the defendant did assault the plaintiff, as was shown by the medical certificate.

Defendant would be bound over for six months in the sum of £10.

Buntingford Farm Labourer Committed to Trial for Thefts

Cecil Henry Wood (26), a farm labourer, of Baldock Lane, Buntingford, was brought up in the custody of two warders from Brixton and charged with three separate offences, which, except for an hour's interval, occupied the Court till 2.45 p.m.

He was first charged with breaking into and stealing from Messrs. Forrest Stores, Ltd., Buntingford, property of the value of £1 13s. 4d. on the night of 17th and 18th June last.

Thomas Chamberlain Bayman, manager of the branch shop of Forrest Stores, Ltd., High Street, Buntingford, said on June 18th at 7.30 a.m. he went to the lock-up shop straight through to get a sack barrow. He found one of the four panes of the window of the door at the back broken and the bolts drawn back.

He was the last to leave the previous night when the door was securely fastened. Witness to the barrow to his home and then went to the police station and returned to the shop with P.S. Dean. He showed P.S. Dean the till, which the previous night contained 25s., and it was absolutely empty. All the drawers behind the counter were open. The cake case had been opened, some chocolate squares taken and a small caramel bitten and replaced on the case.

He was subsequently shown the same morning at 10.30 a bottle of sherry partly empty, four packets of cigarettes and 1 and three quarter packets of chocolate, of the total value of 7/9, all of which were produced and identified as having been in stock at the stores.

P.S. Dean, stationed at Buntingford, said he received a report from thr last witness and went with him to the shop. He found an entrance had been effected by breaking the glass and drawing the bowls of the door at the rear of the shop.

He took possession of the caramel produced, and found on it two distinct teeth marks. He searched the premises and at the rear the ground was wet, and he saw distinct foot-marks of hob nailed boots with toe and heel tips.

In company with P.C. Williams he traced these foot-marks along the footpath leading from High Street to Baldock Lane. Near Back Lane he saw the prisoner pass, and noticing his pockets were bulky called on him to stop. As he went towards him he noticed the footprints made by the prisoner corresponded exactly with those he had seen at the rear of Forrest Stores.

When asked what he had in his pockets he said "nothing". Witness searched him and found in the lining of his coat the gun produced and three cartridges. He said he had no gun licence. Witness told him his footprints corresponded with those found at the rear of Forrest Stores and that he suspected him of breaking into the stores, and he replied "I should not do a thing like that."

He gave his correct name and address, and refused to have his house searched, so witness took him into custody. On the way to the Police Station he threw the gun down and bolted. Witness ran and caught him, and he said "I'm not coming with you; I was out of work and hungry, and that is what made me steal."

At the station witness asked him to bite the caramel produced, which he did, and the marks corresponded exactly with those on the one found in the shop. He then said "I did break into Forrest Stores and steal some money and things, and you will find them on a table at my house."

In company with P.C. Voller and P.C. Williams, witness went to the prisoner's house and found on the kitchen table 25/5 in money, 1 and three quarter bars of chocolate, four packets of cigarettes and a bottle of sherry (three-parts full), all of which were prdouced. These were shown to him, and he said "That is all I took."

When charged the prisoner made no reply, and told the Bench he did not wish to say anything.

-----

The second charge was that of breaking and entering the premises of Mr A.S. Grigg, of Cockhampstead Farm, Braughing, and stealing property of the value of £1 11s. 2d. on the night of the 27th and 28th March last.

Theodore Austin Grigg, farmer, assisting his father at Cockhampstead Farm, said on March 27th he went out in the evening and came in just before 11 o'clock, and went to bed at 11.30 p.m.

The next morning he came down at 7 a.m. he discovered that his father's desk in the dining room had been broken open. He went into the kitchen to see if the door had been forced,but it was all right. The bottom half of the window was wide open, by which someone had entered. He went upstairs and told his father.

Albery Scantlebury Grigg, of Cockhampstead Farm, said in consequence of what his son said on the morning of March 28th he examined his desk in the dining room which he kept locked. The lock had been broken off after an attempt to cut it out, but the mahogany was too hard.

He found all the silver and copper missing - a little over 30s. His wallet, containing £8 in treasury notes, was not taken, but all the papers were dis-arranged. From the kitchen dresser one-and-a-half pounds of cheese and some stewed figs had been taken, and the place was dis-arranged. There were two guns kept in the corner of the kitchen. The double-barrelled one had been loaded with cartridges taken from the top of the mantlepiece, and with both barrels cocked placed by the door. He informed the police immediately.

P.C. G.A. Voller, of Bishops Stortford, said on March 18th [transciber note - it definitely looks like 18th but should be 28th] a report was received that Cockhampstead Farm had been broken into during the night and £1 10s. in money stolen from a desk in the dining room and a quantity of cheese from the larder, to the value of 1s. 2s.

In company with other officers the premises was examined and it was found that entrance had been gained by an insecure window in the kitchen. At 11.15 a.m. on June 18th he interviewed the prisoner in custody at this station and informed him that he suspected him of breaking into Cockhampstead Farm and stealing some money and cheese.

He at first denied it, and then said "I may as well tell you the truth. I wish to state that I have broken into Mr Grigg's house at Cockhampstead twice. On the first occasion I took some money from a desk and also some cheese from a cupboard. I cannot say how much money it was. This happened on a Saturday night. When I broke in the second time I took a gun, the one which the sergeant took from me today. This was on a Thursday night. I was hungry when I done these jobs, otherwise I should not have done them. I am sorry for the trouble I have put everyone to." He read the statement to the prisoner and he signed it. Later he was charged with the offence.

In answer to the Chairman, Supt. Wright stated that the prisoner was born in 1898, and was a single man. He joined the Army in 1915, and was transferred to the Army Reserve in 1919.

The prisoner said he was in the Northampton Regiment and served in France.

-----

The third charge against the prisoner was that of breaking into Cockhampstead Farm on the night of 13th and 14th May last, and stealing a gun, the property of Mr A.G. Grigg, to the value of £1.

Theodore Austin Grigg, of Cockhampstead Farm, said on May 13th last he went to bed at 10 o'clock and got up the next morning at 7. He went downstairs and found the kitchen door wide open, and groceries strewn on the doorstep and just outside. The drawers in the dresser in the kitchen had been ransacked and a single barrelled gun that stood in the corner taken away.

He recognised the gun produced. He went through into the scullery and found the window open, and in the sink in front of it was some mud that had come off someone's shoes. The kitchen door was locked and fastened the night before. The key lay just inside on the floor. He valued the gun at £2.

P.C. Voller, who was commended in the previous case by the Chairman for the way he gave his evidence, recapitulated his interview with the prisoner on June 18th, and with regard to this charge asked him to give an explanation of how he came into possession of the gun. He stated "I bought it from a strange man at Puckeridge three months ago, and gave 30/- for it."

Witness told him that this was not a satisfactory explanation, and that he was suspected of breaking into Cockhampstead Farm and stealing the gun which was found in his possession. The prisoner then made the voluntary statement already given in the previous case, and when charged and cautioned made no reply.

The prisoner was committed for trial and remanded to Brixon until Monday last, when his trial took place at the County Quarter Sessions at Hertford. All the witnesses in the cases were bound over to give evidence at the Quarter Sessions.

----

At the Herts. Assizes at Hertford on Monday last Woods was sentenced to six months' inprisonment in respect of each of the charges, the sentences to run concurrently.