Bygone bits

 The Justices of the Peace Act of 1361 and still in force today, is missing a vital word, 'not'. The Act gives those selected to be Justices the power to bind over to be of good behaviour 'touz ceux qi sont de bone fame' this means 'all them that be of good fame (reputation). Plainly there's a 'ne' missing somewhere. The matter to this day has not been resolved.

Cheltenham Free Press

16th. July 1842.

 None of the "Great unpaid" (i.e. Magistrates) honoured the office with their presence this morning and accordingly, at a few minutes before 12 o'clock, the prisoners were taken back to the Station House.

Cheltenham Chronicle

13th.August 1818

'Persons who wander about at night to rob orchards and gardens, had better be cautious how they go near the Garden and Orchard belonging to Mr Hughes, adjoining to Rodney Lodge. Between three and four o'clock in the morning  of Sunday last, a man in the act of taking apples out of the orchard, was shot at by the person who is appointed to protect the property, and was very near  being severely wounded.

4th.January 1848.

James Johnson,16, and Henry Hignell,12,were found guilty of stealing a quantity of lead from Richard Leitchfield and others. As Johnson had a previous conviction, he was sentenced to 7 years transportation. Hignell was sentenced to 3 months at Lawford Gate and a whipping.

5th. January 1848

George Weaver, aged 12, was found guilty of stealing 3 black puddings and 2 faggots from Mr George Collins, pork butcher. He was committed to Northleach for 3 months.

These snippets are from 'A Chronology of Crime and Conflict in Cheltenham' Compiled by Jill Waller for the Cheltenham Local History Society and can be purchased from them for £4.

And a couple from early Irish newspapers

THE CONNAUGHT JOURNAL
Galway, September 2, 1824

ADJOURNED ASSIZES OF FERMANAGH
"Enniskillen, Aug. 29, 1824.
     "Our adjourned Assizes finished here yesterday. I am so much fatigued from
the labour (the Court sitting from 12 to 15 hours each day) that I am not able
to give you a note of the trial - however, I cannot withhold from you the
following particulars which occurred in the progress of the trails on Friday
last.
     "The conduct of the learned Judge (Moore) who presided is beyond any
eulogium I am capable of passing on him - his patience and forbearance were put
to a severe trial - his experience could not furnish him any thing bearing a
resemblance to the atrocious acts of some of the members of the (in this County
at least) favoured faction.
     "I informed you before that the Catholic prisoners, tried for the murders
at Innishmore, were found guilty of manslaughter. At the present adjournment the
Catholic prisoners, tried for riots, were found guilty. The Protestant
traversers (not withstanding the wrecking of the houses of the Catholics of
Innishmore, and the shooting at and wounding the Catholics) were only two -
those two were acquitted. The Jurors were exclusively Orangemen. Never, perhaps,
were there any trials of so much, or of equal importance to the Catholics of
this County.
     "It was proved by a respectable witness that one of the traversers (John
Pye) had fired the shot that wounded Laurence Hannan in the thigh. It was also
proved that a man of the name of Reilly was dangerously wounded by a shot from
Kenny's party; he proved it himself, and that three Magistrates of the County
had, after repeated applications, refused to take the witness's informations. -
That fact so vitally important to the administration of justice, the Learned
Judge has taken a note of, and of this still more interesting fact he has
judicial knowledge. After Laurence Hannan had been examined as a witness, and
was making his way from the Counsel table, he was hustled by a party of the
Lisbellaw Peelers (not the least apprehensive of the consequences) and assaulted
almost in view of the Court. A few minutes after, on his arrival in the street,
in the presence of Counsellor Rolleston, he received a most desperate blow on
the back of the neck from an Orangeman of the name of M'Creary. As soon as the
fact was made known, Counsellor Kernan communicated it to the Court, and had
informations prepared and sworn to in the Court against the offender - (he had
no difficulty in escaping.)
     "The Sub-Sheriff denied the charge, and said he had fifteen witnesses to
prove the contrary.
     "Mr. Justice Moore - 'Talk not to me, Sir, of your fifteen witnesses; in
the progress of these Trials I have seen enough of that; I saw the hustling in
the Court myself; I saw the rush from the galleries; if, Sir, your Constabulary
force be not sufficient to protect the administration of justice, (I know not
how long, Sir, the Bench itself will continue safe,) call out the Posse
Committatus of the County, and if that be not sufficient, Sir, (said the Judge
with great warmth and indignation) I shall call out the Military. The proper
conduct of the High Sheriff prevents one from imposing such a fine upon you as
this abominable transaction merits.'"

Survivors: Victorian and Edwardian Magistrate's Courts in Gloucestershire.

With the establishment of a single PSA in Gloucestershire and planning underway for new courthouses in Cheltenham and Gloucester, it is timely to recall an era when every town of any size in the County had its own magistrate’s court -truly local justice for local people by local people! Gloucestershire is fortunate in retaining more of these buildings than almost anywhere in the Country, from grandiose Italianate splendors of Bristol to tiny, cottage like Whitminster. Most have been converted to alternative uses, but of those remaining a sizeable number retain their architectural features and fittings intact.

Prior to 1848 petty sessional courts were held in a variety of locations. These included public houses, of which the most well known was the "Bear Inn" at Bisley with its adjacent twin lock-ups, town halls (Tewkesbury), prisons (Northleach) hotels (Cheltenham in Montpellier), houses (Minchinhampton, Painswick and Wotton-under-Edge), and even in the magistrates own home (Cowley Manor, for instance, had its own "Justice's room"). Some of these sites continued in use until after the Second World War. However, the Petty Sessions Act of 1848 laid down that "Fit and proper court accommodation " must be provided for the administration of Justice, thus bringing to an end the tradition of using pubs and justice's own houses. The establishment of the new county force, of which Gloucestershire was one of the first, together with proper lock-ups under the Act of 1842, resulted in courts and police stations being combined. During the 1860's and 1870's, eleven purpose build courts and police stations were erected, the majority of which were designed
by county surveyor, James Medland (1808-1894) and continued by his son, Matthew. These were located in Cirencester- now an estate agents and replaced by the existing combined building in 1964, Fairford (1860), Chipping Sodbury (1862), Lydney and Stow-on-the-Wold (1866) all remaining as part-time police stations. Stow, in particular, with its splendid stained glass window, is remembered by several of our colleagues as it remained in use as a court till 1999. Chipping Campden (1871) was abandoned by the police in 2000 and Berkeley (1861) was converted to a private house. Dursley, unfortunately, was demolished and replaced by the current combined building in the 1960s, the courthouse now redundant. Bristol (1879-1880) is also redundant following its use as a Crown Court. Newent (1882), until recently the notorious Museum of Crime, and Tetbury (1884) now the local Town Hall and a fascinating police museum, still survive with their fittings
intact. The Medlands also converted and extended existing buildings for combined police and court use, including the former House of Correction (1791) in Northleach, which was converted to the Museum of Cotswold life in 1982. Houses were adapted for private dwelling, mostly bearing the name " The old court house" in Coleford, Minchinhampton, Nailsworth and Wotton-under- Edge. Thornbury, a dignified Georgian building is now local council offices. New courts were added to or replaced existing buildings at Stonehouse, still the local police station, as is Winchcombe (1900) where many will recall the curious little court perched on the high ground behind the police station. Stroud's dignified stone courthouse of 1908 was added to the existing police station of 1858, itself an adaptation of a house of 1800. It is now the Liberal Club and offices as it was replaced by the present building in 1969.All the old purpose built courthouses have a strong family resemblance. They are mostly constructed of roughcast Cotswold stone and in a muscular Gothic style, with geometric tracery, oriel windows and steep crocketed gables. The police station and house is located on the ground floor with the cells and yard behind and stabling for the police sergeant's horse and trap. Separate entrances, identified in beautiful Gothic print, are provided for the magistrates and the public who entered the first floor courtroom by means of a covered stairway on the outside of the building. Defendants were either brought up these stairs or a similar one on the other side of the courtroom, leading to the cells. Magistrates’ police and solicitors used the main stair, although there was only one lavatory for all! The main courtroom was a most impressive space, lit by a tall traceried window, with its high ceiling and expose varnished timbers. The magistrates sat behind a semi-circular raised bench with a fireplace, usually its sole heating, on one side and the retiring room on the other. In front of the bench
was a large round table at which the clerk and solicitors sat. In their usual sites on opposite sides of the court, were the raised railed dock and witness stands. The raked public gallery with its uncomfortable pew-like seats was separated from the body of the court by a bar. Witness often had to wait in the body of the courtroom, which could lead to difficulties.

The atmosphere of these courts is best captured by a visit to the fascinating police museum and intact courtroom in Tetbury (Still used by the town council for their meetings). The court has been reconstructed as it was in the 1940s, with a poacher in the dock and a slumbering drunk in the cells below. The survival of this court is remarkable given the changes in today's Gloucestershire Court Service. A sharp eye can still detect them and they should be enjoyed while there is still the opportunity!

(I am indebted for all of the information in this article from the county newsletter from which details were taken a report published for The Court Service the Lord Chancellor's Department and English Heritage in 2002 by Brodie. Winter and Porter entitled," The Law Court, 1800-2000. Developments in form and function.

and more recent.

“My client admits that he was drunk when he created a disturbance at Weymouth Bay Caravan Park,”  defending solicitor Roger Maxwell told Weymouth Magistrates Court. “He admits that he used threatening words and behaviour, he admits to shouting and banging on caravan doors, and he admits to swearing at the Police when they handcuffed him. It is also true that he is already the subject of a two-year anti-social behaviour order. But in mitigation, I should point out that, due to an administrative error, the wrong wording on the ASBO specifically states that he is ‘ prohibited from not being drunk in a public place’.”

After consultation with fellow magistrates, Chairman of the bench Colin Weston passed judgement on thirty-eight –year old Stephen Winstone. “It is fortunate for you that the ASBO has been badly written, because otherwise we would have been looking to sentence you to prison for up to a couple of years. However, you were technically fulfilling the terms of your ASBO by being drunk in a public place, so the court will show leniency to you. You are fined £100.

(Dorset Echo. March 2005)

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