BURFORD
PETTY SESSIONS - Nov. 19 th.
Before R.H. Hurst, Esq., (Chairman), P. Southby and F.J. Staples-Browne, Esq.
bonfire boys in trouble.
Thomas Wiggins, John Forest, Richard Forest, George Pratley, Alfred Cook, Thomas Johnson, John Banbury, Charles Haycock, William Bond, James Timms, and Jonathan Wirdman, young men of Burford, were charged with making or assisting in making a certain fire within 50 feet of the centre of the highway in the High Street, at Burford, on the 5th November.
The Police prosecuted, and Mr. Mace appeared for the defendants, and pleaded not guilty. Great interest was taken in the case, the Court being crowded.
Inspector Cook deposed: I am an Inspector of Police, stationed at Burford. On the 5th Nov. about 7 p.m., I saw a bonfire lighted, about 40 yards below the Post Office. I went to it, I saw Thomas Wiggins, John Forest, Richard Forest, George Pratley, Alfred Cook, Thomas Johnson, John Banbury, William Bond, and James Timms, all standing round the fire. Some of them were putting wood on the fire, and the others poking it. I stood there some time, they were all taking part in keeping the fire alight. After I had stood there some considerable time another fire was lighted up the street. I went up to the Tolsay and stopped there some time. I then saw all the defendants I have named bringing a guy up the street. John Forest had hold of the handles of the truck. The guy was all ablaze, and some of them were holding it up, and others carried sticks, about 6 feet long, with burning cloth at the end. After they proceeded a little way, the guy fell off the truck and they all took part in stirring it up, together, they stood round it and yelled in a most hideous manner. After that there was a fire lighted on the top of the hill about 9 o'clock. I did not go up to that fire. About half-past nine I walked up the Hill to look at the place where the fire had been, and to see if anything had caught fire; I then walked down the middle of the street and there saw Haycock standing on the footpath, on the side of the road. I walked down as far as Mr. Bowles' shop, and stopped there to look back, and I saw Haycock and others light a fire, about 40 years down the street. He is a lame man, and I am certain it was him because I noticed his crooked leg. After that a tub was rolled down the hill alight. The two Forests were not in that, but the others were. I omitted to say that Wirdman took part in the fire about 40 yards down the street, and also that after the fire had burned for sometime, they scattered it about in all directions. This was about 10 o'clock. Another tub was lighted by some of the party in Swan Lane. They sent the tub down the street alight. Wirdman was in that. It fell to pieces opposite Mr. Sharpe's, Wirdman poked it up together. The two Forests and Cook also took part These fires were going on from just after seven till midnight, and for hours the street was impassable for traffic.
By the Bench: Some of the bonfires were in the middle of the main street. There were 18 fires lighted in the street, during the evening. The defendants took part in 16 out of the 18. The last fire was burning until 3 o'clock on Sunday morning.
Cross-examined by Mr. Mace: You say the first fire was lighted about 7 o'clock? The first I saw was lighted about that time.
With regard to the first fire, you speak of nine of the defendants being present; are not mistaken in saying that the whole of those nine men were present?- I am not mistaken. Would you be surprised to know that some of those men were not in Burford at the time you mention?- they were in Burford.
Did you speak to them about the matter?- I did not.
You say that the road was impassable for traffic?- Quite.
Is there much traffic in Burford, at 10 or 11 o'clock?- Yes, on a Saturday night.
Any horses and traps about at that time?- Yes, at closing time there are.
Did you see any horses and traps about that time?- I did, I saw Mr. Walker's and Mr. Warmsley's.
By the Bench: I did not try to prevent them making the fires. I tried to stop them last year, but could not, so I knew it was no use to try this year.
P.C. Bartlett deposed: I am a constable stationed at Burford. At 6-30p.m. on Saturday the 5th inst., I went down the street in plain clothes. There were two fires burning between that time and seven, one near Dr. Cheatle's and the other between 40 and 50 years from the post office, in the High Street. A lot of young men were standing to the fire and letting off fireworks. I saw John Forest, Richard Forest, John Banbury, Thomas Wiggins, George Pratley, and William Bond, taking a leading part in it. A little before 9p.m. there was a large fire lighted on the hill, Mr. Walker was coming up the street on horseback at the same time. As soon as they saw him coming they knocked the fire right across the horse road, and he had to draw the horse on to the footpath in order to get by. It was quite impossible for him to get by on the road. Those who attended the fire were Wiggins, John Forest, Cook, Banbury, Bond, and Timms. At 10p.m. I was standing near the Tolsey, when I saw a tub filled with straw on fire rolled from the corner of Swan Lane, as far as Mr. Sharpe's, where it fell to pieces. Wirdman was in that, and some of the other defendants. At 11-45p.m. there was a fire lighted near the "Cotswold Arms", in which the two Forests, Johnson, and Cook took part. That fire was not out till 3a.m. on Sunday morning. There were 17 or 18 fires lighted during the night, besides four or five burning tubs rolled down the street. It was impossible for anyone to get up the High Street with a horse and trap.
Cross-examined by Mr. Mace: Are you perfectly certain that the defendants you named were at the fire you saw at 6-30? I am certain they were there.
Did you see the fire lighted? No.
Were the fires small? Some of them but they burnt for a long time.
What did George Pratley do? He attended the fires with a stick.
Did you see Mr. Walker come along the road? I did.
Did you speak to the defendants about it? No.
Did you assist Mr. Walker in getting his horse by? No.
I suppose there were many people there besides the defendants? Yes.
A crowd of people I suppose? Between two and three hundred.
They did not object to it? I did not hear them object to it.
Thomas Walker deposed: I am a farmer living at Shilton. I remember the 5th November. I was in Burford on that night. I left about 9 o'clock on horse-back. As soon as I came out of the "Bull" I saw a fire on top of the hill. As I approached it I saw five or six persons deliberately knock the burning embers form side to side. I went to the police station but the Inspector was not in. I did not consider it safe to go along the road. I could not possibly have got by on the road on horseback.
By the Inspector Cook: I did not notice any of the defendants; I could not recognize them.
Cross-examined by Mr. Mace: There was no attempt to offer any difficulty to you personally. No, certainly not.
George Warmsley deposed: I remember the 5th November, I was in Burford on that night. I came in at 6 o'clock, and intended to get home by nine o'clock, but could not get back till ten, on account of the fires in the street. My mare was waiting in the "Bull" yard ten minutes for a chance to start. It was impossible for any horse to go up the hill. I eventually went home by the back way.
By Inspector Cook: I could not tell who the men were who were making the fires.
Cross-examined by Mr. Mace: Had you any difficulty in going home the back way? No, but it was impossible for me to go home the proper way.
By the Bench: I would not have gone up the street with my horse for £50.
Jonathan Banbury deposed: I am district Surveyor for the Bampton West Highway Board. I have been surveyor 28 years. I was in the High Street on the5th November. Between the hours of 6p.m. and 12p.m. I saw from 10 to 15 fires burning on the carriage road in the High Street. I also saw several burning tubs rolled down the hill indiscriminately. I had heard a day or two previously that there was likely to be a demonstration, and as surveyor I reported it to the Highway Board, and the Board directed me to see the Inspector with regard to the matter. There were many people dressed in disguise that night. They wore high crowned hats and old clothes. I recognized some of the defendants present. Banbury, Pratley, Cook, Wirdman and Timms, took part in the fires. I saw some of them convey straw to the fires in the centre of the carriage way. The street was impassable for hours together.
By Inspector Cook: The straw was brought form Mr. John Merchant's side entrance.
By the Bench: Timms and Banbury brought the straw out into the street, and I believe Pratley was there. Some of the straw was taken to the fire just below the Post Office, and some to the fire above the Post Office.
Cross-examined by Mr. Mace: Was there a great number of people in the streets that night? Yes.
You say there were some in disguise? Yes.
Is it not a fact that nearly all Burford was in it? No. If you had been here that night you would not be here to defend them. It was a disgrace to the town.
This was the case.
Mr. Mace said he was sorry for the reflection that had been cast upon him by Mr. Banbury but lawyers were public men, and always open to retainers. He was there in consequence of instructions he had received from several gentlemen in Burford, who were anxious that these young men should not stand alone that day. It was scarcely necessary for him to draw attention of the Bench to the particular wording of the Act. Not only must it be proved that a bonfire had been lighted and fireworks set off, but also injury to the highway, interruption, or personal danger to any person driving thereon. He would like them to put away for the moment the general statement that there were 10 or 15 fires, and look upon it as a general demonstration in which everybody joined with pleasure, with the exception of the police, as far as could understand. The only case of interruption was in the case of Mr. Warmsley. Mr. Walker gave his evidence very fairly. He seemed to have been going up the street, on horse-back, and the defendants finding that the horse was coming, did the worst thing they could do, yet with the best intentions, having scattered the embers in order that there should be no interruption. He submitted that there was no specific evidence of interruption to any person. Mr. Warmsley said he had to go home by the back way, but he did not recognize one of the defendants as helping to make the bonfires. It must be remembered that the police did not once remonstrate with the defendants. It appeared that something of the kind took place last year, but no one was summoned for it, and the defendants therefore thought they might do the same thing this year. If the Bench would look over the matter, and warn the defendants not to do it again, he was perfectly sure it would not be repeated. It must be remembered that these persons who looked on and never remonstrated with the defendants were quite as much to blame as the defendants.
The chairman said the court had carefully considered what was best to be done in this case. They had no doubt about the offence being proved, and desired that a repetition of such proceedings should be stopped. The Bench had decided to treat the case under the first offenders act, and each of the defendants would have to pay 2s. each, costs, and enter into their own recognizances of £5 to come up for judgment when called upon. The decision was received with applause. |