1858

By John Smith Labourer Attwick C 1.2.14 for £ 3.14." Leonard Barker ditto 4.3.21 -"- 7.13." Mathew Willisen " 1.0.26 -"- 1.19.which I will thank you to cause to be delivered to those persons and obtain their replies and return the same to me with such observations as you may have to offer observing that should their christian names be inaccurate you will have the goodness to correct the same before delivery. G S.

Secty Marine Department Board of Trade London. Sir, 19th March 1858 I beg to acquaint you that on the 5th instant I was informed that a quantity of Foreign Tallow which had recently been picked up on the sea shore in the neighborhood of Ulrome had been sold to Messrs Rbt & H Foster soap & candle makers in this town. I therefore sent Officers to search their premises and seize any quantity they might find. On communicating the object of their visit, Mr Heaton Foster a member of the firm immdiately produced their Day Book, and pointed out an Entry of which the following is a copy. "1858 March 2nd Tallow46 Stone - Paid £11.10.0 to owner" being at the rate of 5/ per stone of 14 lbs. " Mr. H Foster exhibited the Day Book of their firm to me the first thing the following morning, viz the 6th Instant, it being late in the afternoon on the preceeding day when he was visited by my Officers and lodged with me the amount he had paid for the same viz £11.10.0, He purchased the Tallow from a man who he knew to be a carrier, but did not know his name. He promised to bring him to me the next market day which he accordingly did. The carrier's name is Thomas Statters, of Skipsea Brough. He had been entrusted with the Tallow by three men named "William Danby", "John Shot" and "Francis Smith" it

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if having been gathered by them, on the sea shore together with John Smith and Robert Franklish, all labourers of Ulrome. David Wallace, Labourer saw the five men above named gather the Tallow on the sea shore and take it away, William Richardson also a labourer saw the said five men on the Beach at the Tallow but he went to his work Mr Statters got very tipsy before he returned home and had forgotten how much money he had received from Mr Foster for the Tallow, and therefore accounted for £6.10.0 intending to adjust the sale price after he had again seen Mr Foster Therefore as he had the £5 with him he deposited it with me. I have consquently to represent 14 Stone on 5.3.0 Tallow Received from Mr Foster £11.10 Mr Statters 5._________ £16.10.0

It appears to me there would be no doubt of a conviction of the five men I have named. David Wallace saw them gather the Tallow on the shore and take it away. William Richardson saw them on the shore at the Tallow which it appears was in large lumps and which they cut up before removing. Mr Statters received it from the three men first named. And Nicholas Sweetman, the first Officer of the Coast Guard at the Ulrome Station will prove that none was delivered to him, although it is well known to all the people in the district that he is the representative of the Receiver of the Wreck and that all stranded articles are to be delivered to his custody. It is absolutely necessary that an example should be made of these men, or they will assume that they are out of the reach of the Law. It does

not appear to me that any blame attaches to either Mr Foster or Mr Statters J.S.

Mayor Layard Beverley. Sir, 20th March 1858 In reply to your note of yesterdays on the subject of Sergt Dove in the case of Smith at Brandes Burton. As I am waiting the directions of the Board of Trade, who are my masters in the matter in question I will thank you to allow it to stand over for a short time, J.S.

20th March 1858. Instructions sent to Mr Hoad Sandlemere to sell Tallow. J.S.

22nd March 1858. Instructions sent to Mr Hoad, Sandlemere, to sell spar & Yard. J.S.

23rd March 1858. Mr Tiddy Easington to Forward expenses of Mast. No 15.

C O Dowd Esq Solr [Nr?] 3A. Act London. Dear Sir, 23rd March 1858. I annex the explanations of Smith Barker & Willisen. Their plea of ignorance is a feeble excuse. All the inhabitants of the Coast well know to whom stranded property found on the shore should be delivered, and from the recent ill conduct of many of them an example is necessary Much more Tallow has been taken away from the Beach which I have not yet been able to trace. This case can be proved by Mr Smith of Brandes Burton. J.S.

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Captn Palmes R N Bridlington Quay. Sir, 24th March 1858 I beg to you that I am directed by the Board of Trade to proceed under the 450th Sectn M S Act 1854 part 2 and 4 against William Danby} Labourers John Shot Ulrome Francis Smith in respect John Smith of Cwts.5 " 3 qrs 0 lbs Robert Frankish Tallow which was entrusted by them to Thomas Statters- carrier of Skipsea to sell in Hull and which he sold to Mr Heaton Foster. I will therefore thank you to inquire of Mr Sidney Taylor, Solicitor, Bridlington Quay whether he is Clerk to the Magistrate for the district in which Ulrome is situated. Should such be the case be so good as inquire of him, when and where, the Magistrates hold their next sitting that summonses may be taken out for the attendance of the men before named And also for the attendance {of} as Witnesses of David Wallace } Labourers William Richardson Ulrome Nicholas Sweetman Chf Offr Ct Gd Ulrome Thomas Statters, carrier, Skipsea, Brough and Heaton Foster Hull. J.S J ---special--- Dobell Esq. London Sir 25th March 1858. With reference to your Letter of the 22nd Instant directing proceedings under Section 450 (Part 29 & 4 M.S. Act, 1854 against William Danby John Shot Francis Smith and Robert Frankish Cwt qrs lbs. in respect of 5 " 3 - 0 of Foreign Tallow which

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they removed from the Beach and sold for £11.10.0 or rather it was sold for them by Mr Statters for that sum and he accounted to them for £6.10.0 only, and lodged the remaining £5 with me. The sale price was at the rate of 40/ per cwt, which was its fair value when its damaged condition was taken into consideration. The first penalty for non compliance with part 4 of the section in question is, "He shall forfeit all claim of Salvage" and secondly "Shall pay double the value of such wreck" - and thirdly - "Incur a Penalty not exceeding £100." (The first point upon which I request to be instructed is, may the sale price of 40/ per cwt be deemed its fair value) Secondly, as the Tallow is not divided into Lots am I to proceed against each for double the value of the full quantity of £ 5.3.0 or £23.0.0 And Thirdly The additional Penalty of not exceeding £100," - I assume I must leave to the Magistrate. _ I put this last question because the whole of the men against whom I am directed to proceed are poor, and the Magistrates who will have the cases - being country gentlemen, may deem one Penalty sufficient unless I can clearly show them that the Law imperatively requires a second Penalty. I will also thank you to point out to me the section which gives power to the Magistrate to hear the cases, and whether they can be heard by one magistrate. It would be more convenient if the stipendiary magistrate at Hull could hear all these cases, - I have conferred with him on the subject and he has informed me that as the men reside away from Hull (20 or 25 miles) although the Tallow was sold here, he has no jurisdiction unless

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