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Carrying a Joke too Far

William Moss a workman employed at the Heights, was brought up for stealing from a meat stall in the Butchers Market on the previous Saturday night, a piece of pork value 4s, the property Mr. W. Parker Wyburn, Pork Butcher of Tilmanstone.

John Brisley a lad 13 years of age examined; I live at Ashley as “all works” in the service of Mrs. Jones a pork butcher. I was in the market on Saturday evening minding my mistress’s stall which was next to the prosecutors when I saw a sail-cloth that had been put up to keep the weather from the stall move aside and a piece of pork disappear. Mrs. Jones and Mr. Wyburn’s stall joined each other and the pork was laid upon our table because Mr. Wyburn’s stall was full. I was standing close to the stall at the time. The stall stood against the railings dividing the Market from Gaol Lane and the sail was hung at the back of the stall against the railings. I told Mr. Wyburn of what I had seen and he went in pursuit. The piece of pork resembled that produced except that it was not salted.

William Parker Wyburn examined; I am a pork butcher residing at Tilmanstone and I was in the Dover Market on Saturday last. My stall was situated with its back to Gaol Lane and adjoining one of Mrs. Jones. I frequently use part of Mrs. Jones stall and did so on Saturday, the piece of pork produced, which belongs to me being on it. It had been lying there since the morning and I had seen it a few minutes before the boy told me it had disappeared. Viz. about ten o’clock. I heard the boy say. “Your pork is going-your pork is gone.” I immediately ran out of the Market and saw the prisoner disappear round Mr. George’s corner in the direction of the Market Place, and on running after him I overtook him close to the Fountain. When I caught hold of him the prisoner said “ I’ll make it all right,” or something to that effect.

P.C. Bowles deposed to receiving the prisoner into custody from the last witness at the Police Station. The charge was taken down and read over to him by the Superintendent and on his being cautioned in the usual way he said, “ I’m ready to pay for it.” The prisoner who requested that the magistrates might deal with the charge pleaded guilty. A fellow workman of the prisoner who lodged with him gave him a very good character and said his belief was that the prisoner did not intend to steal the pork but took it merrily in a joke. When taken into custody the prisoner had 12s.7d. in his possession.

The Mayor said that this was an extraordinary case. While unable to receive the explanation volunteered by the prisoner’s companion, that this robbery was perpetrated as a joke, the Bench were at a loss to perceive what motive the prisoner could have had in committing it except that of downright dishonesty and dishonesty with out mitigating circumstances. Occasionally when offences of this sort were committed the persons had the poor excuse of want to urge in their defence but the prisoner was without even this for when taken into custody he had enough in his possession to have met his wants for a week to come. The Bench had it in their power to commit him to prison for 3 months, but as this was his first offence so far as the magistrates were aware, the punishment would be mitigated to one month’s imprisonment with hard labour. (1860)


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