BE IT REMEMBERED that on the seventh day of October, in the year of our Lord One Thousand Eight Hundred and Seventy Six, at Alnwick …. Thomas Brown of Alnwick Moor …. Shepherd is Convicted before the undersigned, Two of Her Majesty’s Justices of the Peace for the said County, for that he the said Thomas Brown on the ninth day of September 1876 at the Township of Alnwick in the parish of Alnmouth in the County aforesaid, did then and there unlawfully commit Trespass by being on the day time upon certain land then situate in the occupation by one ‘Potts’ of Cook Hill Morpeth in the said County in the search of Game to wit Grouse contrary to the Form of the Statute in such case made and provided. And we adjudge the said Thomas Brown for his said offence to forfeit and pay the sum of nine shillings and six pence to be paid and applied according to Law, and also to pay Henry Embleton Trotter of Alnwick in the said County, the Informer, the sum of ten shillings and six pence for his cost in this behalf; And if the said several sums be not paid forthwith, We adjudge the said Thomas Brown to be imprisoned in the House of Correction at Morpeth, in the said County and there to be kept to hard labour for the space of fourteen days. Unless the said several sums shall be paid sooner.
Alnwick, 4th November 1876
Thomas Brown (Appellant) and Henry Embleton Trotter (Respondent) faced each other at the Northumberland Epiphany Quarter Sessions, 1877 . Mr Brown was appealing against an accusation of trespass made by Mr Trotter. The alleged trespass took place on the heath of Alnwick Moor; an area which had been divided under enclosure Acts dated 2 March 1854. The Freemen of Alnwick possessed eatage (the right to use the grassland for pasturage) on Alnwick Moor. They had let this portion of the moor (where the trespass allegedly occurred) to Mr Trotter. Mr Trotter also leased game from his Grace the Duke of Northumberland, as evidenced by a stamped and sealed lease dated 13th July 1876. This game was to be managed by Mr Trotter and reserved for the Dukes’ private hunting. Alnwick Moor also adjoined the Dukes’ personal park, where another large group of game was also preserved. Consequently, game belonging to the Duke frequently came over the Duke’s Wall onto the heath moor (possessed and managed by the Freemen of Alnwick).
Mr Trotter had employed Mr Brown and his father to act as shepherds. They were instructed to care for the moor and given accommodation on the allotments. But Mr Trotter argued that their treatment of that portion of the moor was motivated by greed, and that they had abused their position by illegally hunting. In court Mr Trotter, a Gentleman of Alnwick , claimed Brown had illegally trespassed and hunted the Duke’s game. He was supported in his claims by a string of witness testimonies.
In the initial trial Henry Embleton Trotter attested to:
“[finding] the Defendant on Alnwick Moor between Reedside Road and Turnpike. I am leasee of Game. He had a dog and gun and ranging the ground. I cautioned him a fortnight before. He said he had a right to carry a gun. He fired a shot after I left him. I watched him for an hour and half with a glass – grouse on the place. I know he is the shepherd’s son. No sheep were where I found him and the dog ranging.”
Mr Trotter claimed he had seen Mr Brown stalking (passing between parcels of land with no obvious permission to do so.) Mr Brown claimed he was carrying out his duty as a shepherd; to carry a gun and protect the land. Mr Dix, who represented Mr Brown in the original trial, addressed the magistrates stating there was no actual case to answer, as Mr Trotter had not actually seen Mr Brown fire his gun and had actually only observed him passing between parcels of land. This, Mr Dix stated, was not a crime. He claimed his client carried a gun as two sheep had been lost to stray dogs during the previous month. He also emphasized how willing and compliant Mr Brown had been when searched for illegal game – a search which proved to be fruitless.
The bench of Justices consisted of the following individuals:
- J Craster Esq
- S F Widdrington Esq
- T Clutherbuck Esq
- J R Carr Ellison Esq
Despite Mr Dix’s strong case this gathering of men believed, for whatever reason, that the evidence against Mr Brown was quite sufficient to justify a conviction. However, the defendant had 3 days to serve a Notice of Appeal following the Justices Meeting. The case had been heard on a Saturday; thus meaning Sunday was the 1st day, Monday the 2nd & Tuesday the 3rd. But the Respondent did not get the Notice until the 4th day (Wednesday morning) when it was picked up in the Archway near the outer door of his house. If the Notice had been put under the door anytime before 10.30 pm o’clock on the Tuesday the respondent said he would have seen it; for he had “set a friend of his to the outer door at that time and no Notice was seen in the Archway at where it had been pushed under the gate next the street.”
The notice stated:
To Henry Emblazon Trotter of Alnwick in the County of Northumberland Gentleman.
Take notice that, I , the undersigned Thomas Brown of Alnwick Moor, in the County of Northumberland, Shepherd, do intend to enter and prosecute an appeal at the next General or Quarter Sessions of the Peace to be holden not less than 12 days after the 7th day of October instant at Newcastle upon Tyne, in and for the County of Northumberland against a certain conviction or order bearing the date the said 7th day of October instant and made by John Craster and S F Widdrington Esquires Her Majestys Justices of the Peace for the said County of Northumberland.
Mr Brown chose to appeal these false accusations and, as it would appear from related documentation, he had a strong case to do so. We can only hope he was found innocent of false charges.
We would like to thank the volunteer who carefully transcribed these documents and allowed this blog to be produced.
