Canterbury Journal 21 October 1848.

East Kent Quarter Sessions, St. Augustines, yesterday, before J.B. Wildman Esq.

Thomas Cook, alias Stickals, 44, John Stroud, 42, George Marshall, 32, and Henry King, 51, charged with having, on the 3rd August, stolen nine quarters of malt, value £30, the property of Thomas Rigden, of Newington, next Hythe.

The prisoners, who had been committed to Maidstone gaol, had been brought thence for trial. A great number of witnesses had been subpoenaed. The extent to which robberies of this description had been carried increased the degree of interest felt in the town, the more especially as most of the parties were well-known, two of them having formerly kept beer shops here, and one of the others being a market gardener of Littlebourne, who was always thought to be an industrious and honest man.

Messrs. Horn and Tassell were for the prosecution, and Messrs. Rose and Russell for the defence.

Mr. Horn, in opening the case for the prosecution, observed that it was not necessary, in order to convict all the prisoners, that they should have been bodily engaged in stealing the malt. It was sufficient if they were found so near as to be able to assist in it. It was necessary to bring home the guilt of the actual thieves, before others could be charged with aiding and abetting. Cook and Marshall resided at Canterbury; Stroud at Littlebourne; and King at Ramsgate. On the morning previous to the robbery, as he would show, Cook, King and Marshall were together at the "Chance" public house in Canterbury. In the afternoon of the same day, two, if not three of them, were at the "White Lion" in the same place; and on the evening prior to the robbery, about half past eight o'clock, King and another person were together at Elmsted, having with them a horse and cart, which had been hired of a person in Canterbury. The prisoners had two horses and carts with them on the occasion of the robbery, one of them belonging to Stroud. The learned counsel produced a plan of the premises, to show the situation in which the prisoners were seen, especially Marshall, to lead to the inference that he was aiding and abetting in the removal of the stolen property; and after detailing a variety of particulars connected with the concert of the prisoners, together with their arrest, proceeded to call the following witnesses:

J.B. Horn, assistant to Mr. Messenger, architect, of Folkestone, was examined merely as to the correctness of the plan produced, as regarded distances.

H. Rigden, maltman to prosecutor, deposed that on Wednesday, the 2nd of August, he left the malthouse locked and barred. There were forty or fifty quarters of malt in bin, but none in sack. Next morning he found nineteen sacks, not belonging to his master, filled with malt.

Jno. Attwood, landlord of the "Chance," at Canterbury, knew the prisoners; Cook, Marshall and King were at his house on the 2nd August between ten and eleven o'clock; Cook and Marshall lived at Canterbury, Stroud at Littlebourne, and King at Ramsgate. King met with an accident at his house on the previous Tuesday night, by which he was marked across the nose, and he put on a brown patch, which he had on the Wednesday.

Thomas Taylor, landlord of the "White Lion," Canterbury, knew the prisoners Cook, Stroud and Marshall, and spoke positively of the former two being at his house on the afternoon of the 2nd August; he could not state so positively in respect of the last mentioned, though a man came in with a patch on his nose, but he believed that he did not communicate with the others.

Cross-ezamined: Never, to his knowledge, before saw King, and, therefore, was not able to say that he was the one who came with the patch on his nose.

Benj. Barnes, licensed to let horses at Canterbury, remembered the prisoner Cook hiring of him a bay horse in the afternoon of the 2nd August, for the purpose, as he stated, of going about six miles into the country. The horse not being returned, he made inquiry, and found it at prosecutor's house a week after.

Thos. Philpot, a boy in the employ of Mr. Church, at the "George," at Elmsted, (Stelling Minnis) deposed to two men coming to the "George" with a bay horse, about half past eight on the day in question, one of them having a patch on his nose. He pointed out the prisoner King as one of the men, who bore the patch; he believed Cook was the other. They came from Canterbury, and told Mr. Church they were going to Hythe, in which direction they went. They wore white coats, or gaberdines, like those produced, though he was not quite sure; and did not stay long.

Cross-examined: Could not recollect, when before the magistrate, whether they were gaberdines or coats worn by the men.

Re-examined: Only King was before the magistrate; had not seen Cook since that night.

James Fisher, shepherd to T. Rigden, of Cheriton, was at the "Star," at Newington, on the 2nd August; had been to a cricket match, and on leaving the "Star" saw two carts with horses standing by the side of the road, about 100 yards from the "Star." A man, who was with them, asked if the people were all gone from the "Star," which raised his suspicion, and he proceeded to Longport Farm, about 150 yards from the "Star," and there saw Sawkins, who agreed to watch with him (witness). Witness then proceeded towards the malthouse which was about a quarter of a mile from the Star. Hearing a noise, as he thought, within the malthouse or outside, he proceeded to the gate near the malthouse, and saw a man come from it with a sack on his back. He rushed towards the man, who dropped the sack and ran away to Mr. Dunn's stack-yard; after that he saw another man, whom he pointed out to be Stroud, come out of the malthouse with another sack on his back. Witness collared him and threw him down, on which another man came up and threatened him with a violent expression if he (witness) did not let his mate go. A third also struck him two blows. Witness did not let the one go of whom he had hold, but called loudly for assistance. They scuffled till they got into the river, where witness held him (the prisoner Stroud) full twenty minutes till assistance was rendered by Mr. Dunn, and then they took the prisoner to the "Star," and delivered him into the hands of Rye, the constable. On their way thither they saw Marshall on the road with two horses and carts, at the place where he first saw him. He took him also into custody and delivered him into the hands of Rye.

Cross-examined: Saw some man with the carts as soon as he (witness) left the "Star;" it was a light night; did not see the man who ran away go into Mr. Dunn's stack-yard.

James Dunn, farmer at Newington, who was also at the "Star" on the night in question, deposed to seeing the two horses and carts standing by the side of the road, which excited his suspicions, and he went back and asked him for whom he was waiting; he replied his “governor”. Witness returned to the "Star," but on hearing a hallooing went towards the malthouse, when he met two of the party who had been at the "Star," with a man who was stated to be King. On reaching the malthouse he found Fisher and Stroud in the river. Witness helped them out and went to Mr. Rigden's. On going to his father's stack-yard he found a man, who proved to be Cook, behind a wheat stack. He spoke to him three times but received no answer, on which witness collared him, who in return kicked him (witness). Witness threw him down, and with the aid of others gave him into Rye's custody. Witness, with others, afterwards secured Marshall, who was standing by the side of the horses and carts. Next morning witness found a bundle of clothes, consisting of two coats, in a field adjoining the road where the carts stood. Witness also took the other coats produced out of the carts.

Cross-examined: Witness was of the cricketing party, but had not drunk more than to excite him a little.

John Oldham, carpenter of Newington, who was one of the party at the "Star" on the day aforementioned, corroborated the evidence as to seeing Marshall with the horses and carts, and asked him if he had got a waiting job, to which he replied in the affirmative, and stated that the party was at the "Star." On that witness repaired again to the Star, and finding that there was no-one there for whom he could be waiting, returned towards the cart with the last witness, in doing which he heard a hallooing in the direction of the malthouse, and met King, who was walking very fast towards Folkestone, and was out of breath. In reply to a question from witness he said he was going to Hythe, but witness told him he was in the wrong direction; and on his walking fast, witness bade him not to walk so fast, as he heard a hallooing, which he supposed the prisoner did also, but he said he did not, as he was deaf. On witness collaring him he said he was in a hurry, and wanted to get off. He replied in answer to a question by another person that he knew nothing of Marshall of the carts; and on detaining him twenty minutes, witness let him go again. He had no doubt of the prisoner King being the same man. Witness on a subsequent day, the 14th Aug., went to Ramsgate, and there identified King as the man whom he had seen in the road. In reply to a question whether or not he knew anything of the malt robbery, he replied in the negative, and Kemp then took him into custody. He had a good opportunity of seeing King when detaining him on the 2nd Aug.; he had a patch on his nose. When taking him the second time he had a scar on his nose at the same place where the patch had been.

George Rigden, son of prosecutor, who was at the "Star" on the evening in question, corroborated the evidence as to seeing Marshall in the way described, by the side of the road and the conversation that took place with him, as to its being suspicious that he was there with the carts and hearing the hallooing; together with King's coming up, with a brown patch on his nose, and his subsequent arrest at Ramsgate. He spoke positively as to the identity of King being the same man who was met on the road.

Cross-examined: King had a mark on his nose when apprehended at Ramsgate; that was a part of his reason for believing him to be the same person he had met on the road, beside which a lantern was held up to his face when on the road.

Thos. Kemp, constable at Hythe, who went with the last two witnesses to Ramsgate on the 14th of August, corroborated their testimony. On taking Cook, Stroud and Marshall to Maidstone, Cook said they had thrown some garments over the hedge. King did not appear deaf when apprehended.

James Rye, constable at Newington, received into his custody on the night in question Cook, Stroud and Marshall. Picked up a pot near the "Star" door, when Cook said “It appears someone was going to serve that pot as we were going to serve the malt”. Found a box of Lucifer matches on Cook.

Cross-examined: Was quite sure the expression was what he had stated, and that Cook used the word “we” and not “they”.

Thos. Rigden, the prosecutor, deposed to the malt in the malthouse being his property. Had seen the notices put in, sent by Mr. Delasaux on the behalf of Cook and Stroud, claiming the two carts and one horse which were in his (witness's) possession, being those which were taken on the night in question. On one of the carts were the words “John Stroud, fruiterer, Littlebourne”. The horse and carts were still in his (witness's) possession. (The notices were then read threatening the prosecutor with actions of trover if the horse and carts were not given up.)

Cross-examined: Was ordered by the committing magistrate to detain the horse and carts.

Henry Rigden, son of the prosecutor, who went to the malthouse after seeing the prisoners safely lodged at the "Star," found the door unlocked, two sacks filled with malt outside, and seventeen others filled inside. One of them bore the name “Collard, Hoath Mill, 45”, and the other “J. Sharpe, Canterbury”. None of the sacks belonged to his father.

Mr. Rose objected to this evidence relating to the sacks when none were produced.

Examination continued: Found a dark lantern in the malthouse, and a cap outside. There were about nineteen and a half quarters of malt in the sacks, the value being about £30.

Mr. Rose, in defence, did not attempt to dispute the evidence as regarded Stroud, but submitted there was not sufficient to convict either of the other three; in respect of King that there was not sufficient identity, and that as regarded Cook it was inexplicable how, if he had been concerned in the robbery, he should have remained so long in the stack-yard, as was alleged, after the man having been seen go thither, and his being taken out. In reference to Marshall also, Mr. R. contended that he was not found to have been sufficiently near to render assistance as he was above a quarter of a mile from the place whence the malt was taken. The learned counsel then called two witnesses to speak to Stroud's previous good character.

The Chairman, in summing up, directed especial attention to Cook's expression on being taken to the "Star" as sufficient proof of his guilt; that King was amply identified, beside which he was running very much out of breath in the opposite direction whence the call for help came; and he directed attention to the account he gave of himself when accosted as to where he was going, and his pretence of deafness when there was no proof of it. As regarded Marshall there was no doubt that he was in the road with the horses and carts, with the view of rendering assistance on the removal of the malt, which he substantiated by reading the law on the question, pointing out that if a man watched at a convenient distance for the purpose of preventing surprise to his companions and to favour their escape, or if necessary to come to their assistance, the knowledge of which was calculated to give them additional confidence, he was present aiding and abetting.

The jury, after a very brief consultation, returned a verdict of Guilty against all the prisoners.

The Chairman expressed his perfect concurrence with the verdict, and in passing sentence said it was with great pain he addressed the prisoners, as the crime of which they had been found guilty was one of a most serious nature, which they had evidently conducted in a way that proved to the Court they had made it their business, and that it was by no means the first attempt they had made in such a course. The planning of the robbery and the manner in which it had altogether been conducted convinced the Court that the prisoners were old offenders in the crime of which they stood convicted. It was absolutely that the desperate attempts which were continually made in this way on the property of the country should be put a stop to, and he knew of no other way in which that could be but by making a most serious example of those cases which, like this, were brought home. The sentence that he was directed by the Court to pass was that each of them be transported beyond the seas to the place which Her Majesty should think fit, for the term of ten years.

The severity of this sentence produced a great sensation in Court. The culprits had scarcely left the dock before they were recalled, when the Chairman stated that he had been in error in thinking that he could not pass a lighter sentence than ten years' transportation. Having been set right, he was directed to sentence the prisoners severally to be transported seven years. This, sorrowful as it was, came as some relief to the convicts, who, in the moment or two that had elapsed since the first passing of the sentence had suffered something, as their countenances indicated.

The trial lasted nearly four hours.