Index
The Poaching Wars
The "Poaching Wars" were a bitter conflict which smouldered and flared across England for 300 years from the mid seventeenth century.
To quote from "The Stuart Constitution " by J.P. Kenyon (Cambridge University Press 1969)
"A similar distinction between the God-given race of
landowners and the rest was made by the Game Act of 1671,
the most stringent and comprehensive of the famous Game
Laws. It gave gamekeepers the power to enter houses to
search for guns, nets and sporting dogs, which those below the
rank of esquire were nor only forbidden to use but even to
own; it gave a single justice - usually the landowner
concerned-power to award summary punishment, and the decision of
Quarter Sessions, staffed by neighbouring land owners was
final. Such blatant class legislation confirmed the social
ascendancy of the squirearchy, but in the end their
administration of the Game Laws, 'grossly partial, selfishly
biased, and swayed by consideration of their own class interest
even to the verge of corruption', wrecked the reputation of the
rural justices and made an important contribution to their
ultimate downfall." In this war
between Peasant and Landowner, men were murdered,
transported and executed for the sake of a rabbit or
pheasant. Historian G.M.Trevelyan in his English Social
History (1942) declares "There never was a
truce in the poaching war in old
England". A particularly vicious
phase of the war started in 1816 on the passing of the Night
Poaching Act which introduced transportation for seven years
, if armed with net or stick, with intent to take game or rabbits.
In 1828 a new Night Poaching Act introduced
transportation of 14 years for some poaching offences.
In 1825 Lord Suffield
said in the House of Lords:-
"The recipe to make a poacher will be found to contain a
very few and simple ingredients which may be met whitch may be
met with in every game county in England. Search out (and
you need not go far) a poor man with a large family, or a poor
man single man, having his natural sense of right and
wrong....give him little more than a natural disinclination to go
to work, let him exist in the midst of lands where the game is
preserved, keep him cool in the winter , by allowing him
insufficient wages to purchase fuel ; let him feel hungry upon
the small pittance of parish relief ; and if he be not a
poacher it will only be by the blessing of God."
If it was their
acute distress which drove many agricultural labourers to
poaching it was the fear of transportation which drove them to
violence in resisting arrest. Transportation to Australia,
for most, meant they would never return their families and their
native land. Historians agree that it was unlikely for
convicts transported for limited terms ever to return to their
native land. Those transported for life were banned from
ever returning although many were conditionally pardoned
within the Australian colonies. Read below how Costessey
was a centre of the poaching
war !
In the early 19th Century the pages of the Norfolk
Chronicle and Norwich Gazette show that the
village was a hotbed of poaching activity. Its proximity to
the City of Norwich made the disposal of poached game relatively
easy and from that city many of the poachers of
the notorious "Cossey Gang" were recruited.
Its crowded yards and courts provided excellent places for the
planning of poaching forays into the pheasant preserves of the
surrounding country estates.
The newspaper reports
show that in addition to the 'large gang' activity many
individuals and small groups of poachers were operating around
Costessey. In 1818 both Richard Harvey
and David Banham of Costessey were imprisoned for
poaching in Taverham. In the 1820's the most
frequently named offender was John Adcock, others poaching
with him were Henry Harvey, James Edmunds, Thomas Paul,
Thomas Riches and James Harvey.
John Adcock was
sentenced on January 13, 1827 to be transported for seven years
. Adcock was subsequently transported to Van Diemans Land
on the convict transport "Asia V " on 17th August
1827. Accompanying him on the Asia V were five
members of the 'Costessey Gang ' which had finally met its
Waterloo in the coverts of Heydon Hall when 16 poachers had
engaged the gamekeepers and watchers in a gun battle. One poacher
was reported killed and two others wounded. The Hon. George
Edwardes the third son of Lord Kensington received gunshot wounds
THE
HEYDON HALL AFFRAY
Poaching
appears to be continuous at this period but the climax came
on the night of December 11th/12th 1826 when the Heydon
Hall Affray took place. The following account is from the
report in the Norfolk Chronicle and Norwich Gazette on Sat. 31st
March 1827 of the Lent Assizes held in Thetford :
' POACHERS'
"Wm.Howes,
aged 32, Edw. Baker, aged 34, Wm. Elsegood, aged
28, Geo Goffin , aged 30, Richard Harvey, aged
27, Wm. Skipper, aged 28, James Harvey, aged
20, Thos Paul, aged 26, Jas Paul, aged 18, Wm.
Olley, aged 34, Thomas Skipper, aged 17, John
Catchpole , aged 26, and John Perry, (not in custody) were
severally indicted for shooting at and wounding the Hon. George
Warren Edwardes, on the 12 of December last."
From evidence given by John Perry:
On the 11th
December 1826 after much to-ing and fro-ing between Costessey and
Norwich fourteen men met up under a tree outside St.
Augustine's Gates , Norwich where they held a meeting to plan a
poaching foray : they were (1) Edward
Baker, (2) John Catchpole, (3) William
Elsegood, (4) John General, (5) George Goffin, (6)
James Harvey, (7) Richard Harvey, (8) William Howes, (9) William
Olley, (10) James Paul, (11) Thomas Paul, (12) John
Perry , (13) Thomas Skipper and (14) Richard Turner
. Realising that they only had four guns, James
Paul and Perry said '' We'll go to Costessey to
get some more '' The main body then went to the Red Lion at
Drayton where they were met by (15) Matthew Howlett. .
Thos. Paul and Perry and (16) William Skipper
then arrived saying they had managed to get two more nippers
(guns)
Mary Howard
gave the following evidence;
" My father keeps the Red
Lion at Drayton. I remember the 11th Dec. last ; know
Howlett; he came to my house in the evening of the 11th of Dec.
between seven and eight o'clock; shortly after three or four
joined him; the first man who came called the corporal: Edward
Baker the two Skippers, Wm. Howes, Geo. Goffin, the two Pauls,
the two Harveys and Elsegood; I don't remember Catchpole and
Olley; they were all at my house and gone by half- past nine;
they were some smoking and some drinking; hear Perry say to one
of them he'd bet five shillings he would not miss a shot that
night. I heard some of them were going to the
Taverham Guild, and some to Tasburgh Bird-in-hand I don't
know Heydon- hall, nor how far off Lord K. lives. I heard
the toast drank d---n the flincher; but James paul said he would
not drink that, for he would flinch if he could. Thy had a
pot a-piece; one of them drank the toast and said
"d---n and b---st the first that flinches."
When they left the house they took the Attlebridge road. "
Cross examined.-" there were no other
persons in the kitchen that belonged to them at the time;-
There were people coming in and out .
Did not see the prisoners after till I saw them at the Shirehall,
when they were shown to me , to see if I knew them. I
knew some of them before that night; Elsegood I did not. I
did say before the Magistrates I could not swear to him : but did
recollect him as doon as I got out of the room, because he sung a
song. When the men were talking about flinching, they
had drink before them; never heard people who would not drink
accused of flinching; the man who said he would not drink the
toast had beer before him. "
From various witnesses:-;
They left the Red Lion before half past
nine and went up the Attlebridge Road and then across country to
Felthorpe where WilliamOlley obtained a gun from a cottage
which he gave to James Harvey . Seven men now had guns Edward
Baker, William Elsegood, John General, James Harvey, Richard
Harvey, John Perry and William Skipper. The others armed
themselves with stakes from a hurdle.
At 'Blackbridge'
wood in Heydon Park they formed up with the guns in front of the
men with stakes. It was a bright moonlight night and they
birds (pheasants ) were quick to fly.
Lord Kensington's
gamekeeper James Carmin armed with two pistols and the
watch Phillip Brewster, William Southgate, William Spray
(armed with Carmin's gun) Richard Carmin and George
West were already in the wood, between midnight and one
o'clock. Hearing a gun shot the keeper and watch ran
towards the poachers . Carmin fired his pistols in the air
to attract the attention of the rest of the watch left in the
house. On seeing a group of the poachers Carmin challenged
them saying ''......we mean to take you tonight if we can !
''. One of the poachers threatened to give Carmin a ''damn
good beating'' another said '' We'll shoot him out of the
way''. Someone immediately shot at Carmin, shot going into
his ear and eye and others into his hand. Carmin took his gun
back from Spray and fired at the poachers. Richard
Turner saw a flash and shot whistled past him. James
Harvey said to Turner, '' Take hold of my gun,
they have shot my eyes out ''. While Turner
bandaged Harvey's head with a handkerchief they were
both hit with another discharge. James Paul came up
and said he also had been shot in the hand and face.
The watch then ran out of the wood followed by the poachers
firing at them. William Southgate (of the watch) was knocked down
with a stone and beaten by William Olley until William Elsegood
pleaded with Olley to stop or ''for God's sake you'll kill
him'' The poachers chased the gamekeeper and watch into
Seaman's farm where they hid under a manger. Carmin heard
them searching for twenty minutes uttering threats such as,
''Where is Carmin ? We'll learn him to shoot first !''
The poachers regrouped
on not finding the watch and went to a large wood were they shot
three or four times . They then disputed whether to go back
to the first wood (Baker and Perry) or whether it was wiser to go
home (Elsegood).
The gamekeeper and watch
in the meantime came out of hiding and on the way back to
the Hall for reinforcements met the Hon.G.W.Edwardes who was
going down to Newell wood where the poachers were. Baker
first spotted them and taunted Elsegood who had panicked and
wanted to run. The poachers ran towards the shelter of a
hedge and bank where they argued whether to fight the watch or
get over the bank and run.
The Hon. G.W.
Edwardes stood on the bank and said ''What do all you
people do here at this time of night''.......Richard Harvey
answered ''Your people shot us at first, and if you do not stand
back you will stand the chance of sharing the same fate''.
This was probably a reference to John General who it is
believed was fatally wounded earlier in the night ( he was not
charged ) . It was reported ''one of the keepers being hard
pressed , discharged his gun at one of the poachers who
immediately fell, and the short distance at which the person
received the shot makes it probable that he must have been
seriously, if not fatally wounded .
Edwardes told them they
had better not fire. He was almost immediately struck in the face
by a stone thrown by Perry which made blood flow from his mouth
and nose . Edwardes fell on one knee and hand and as he was
rising was shot by Perry and another poacher in the side and
shoulder. In the return of fire from the watch James Paul
said '' They have cut me all to pieces '' -he was severely
wounded in the thigh. The poachers had no more stomach for
the fight and and decided to retreat with Perry leading them
away. Edwardes' servant Ensor helped him to get back
to the Hall.
The learned Judge having
summed up the case to the Jury, after about 20 minutes
consultation, they found all the prisoners Guilty; but
recommended them to mercy as did the prosecutor, which his
Lordship said should be communicated where it would meet with due
attention; ............. ...........
The Jury and prosecutor's humane
recommendation should be represented to the Throne , and he
doubted not would be duly attended to etc. etc.
The learned Judge
earnestly entreated them all to pursue that line of conduct which
would fit then for death..
HIS LORDSHIP THEN PROCEEDED TO PASS THE
AWFUL SENTENCE OF DEATH UPON THEM.
THE FATE OF 16 MEMBERS OF THE GANG OF
WHOM 14 STOOD TRIAL
AT THE NORFOLK ASSIZES ON
27th March 1826
(from Colonial and Home Office records and
other genealogical records)
BELIEVED KILLED
(1) John GENERAL Newspaper reports indicate that GENERAL may well have been fatally wounded and hence not charged, he was carried off by his companions. This requires further research.
The following were SENTENCED TO
DEATH
(but with Royal Mercy commuted to
transportation for life. )
Transported on the ship "ASIA V "--ex Portsmouth 17 August 1827 arrived Hobart 7 December 1827
(2) Edward BAKER
Aged 34 , native place Catton, Norfolk.
Farm labourer and Brickmaker. (worked for Mr Blake )
Wife and children on parish in Norwich.
Assigned to W. Gunn Esq., Supt of Prisoners Barracks,
Bourbon Sorrell, Drummond Parish
Once admonished for insolence. Drowned
South Esk River 13 Aug.1835.
(3) George GOFFIN
Aged 30, native place West Ba?
Ploughman and Brickmaker. Married wife at Norwich.
Assigned to Mr Phillip Pitt of Beaufort Parish.
No Colonial offences, Conditional pardon 20 Sept. 1837.
Pardon extended to the Australian colonies 12 August 1845.
(4) Richard HARVEY
Aged 27,native place Costessey, Norfolk.
Bapt. 30 Sept. 1798, son of Richard HARVEY and Sarah (Lovett)
Married Susannah PARNELL, 26 Aug. 1823, Costessey.
Children Thirza and William at Costessey with family.
Assigned to Lieut. Hawkins and Mr Isaah Ratcliffe.
Many Colonial offences. Sentenced to Tread-Wheel, Chain
Gang,
Working in irons, Imprisonment with hard labour, Solitary
Confinement,
Bread & water etc.
Ticket of leave 2 Aug 1836. Conditional pardon 10 May 1836.
Pardon extended to Australian colonies 8 Dec 1846.
(5) William HOWES
Aged 32, native place Little Brandon, Norfolk. Groom and
Coachman .
Wife and children at
Norwich. .
Assigned to Mr Seagrim and then served as a Constable.
Five minor Colonial offences - admonished or Ticket of leave
suspended 1 month.
.
17 March 1836 Sentenced for 1 month Hard Labour on road gang for
being drunk and striking his wife.
Conditional pardon 24 May 1839.
(6) William OLLEY
Aged 34, native place Drayton, Norfolk, Farmer,Ploughman
Malster and Brewer.
Wife and children in Norwich on the parish
Assigned to Mr.Andrew Tolney (Ormaig Parish)
Once reprimanded for being absent from Church Muster.
Ticket of leave 1836. Conditional pardon 20 June 1840.
SENTENCE OF DEATH - Commuted to 7 years transportation
(7) John CATCHPOLE
Sent to hulk 'Leviathan' 27 April 1827 with others but no
further record found.
(8) William SKIPPER
Aged 27, Native place Stoke, Norfolk
Wife SARAH and 6 children at Costessey on the parish-
William, Mary, Hannah, Isabella, Anthony and Anastasia
Sent to hulk 'Leviathan' 27 April 1827 with others,
transferred to the
'Hardy' 28 May 1830.
Discharged with Free Pardon 30 June 1831
Skipper was not transported on the appeal of Lord STAFFORD
to the Home Secretary
At the 1881 Census he was still living at 17 The Croft,
Costessey,
a widower.
Transported to New South Wales on 'Phoenix 1' Ex Spithead 7 March 1828 arrived Sydney 14 July 1828
(9) William ELSEGOOD
Aged 28,
Assigned to Sir John Jamison of Evans, N.S.W.
( 1828 list of Convicts NSW No.4119 )
(10) James HARVEY
Aged 20, baptised 6 July 1808 Costessey.
Son of Richard HARVEY and Sarah (nee LOVETT )
Assigned to Mr. Spark of Botany Bay. ( 1828 list No. 5772)
Harvey was already under sentence of 7 years transportation
for poaching in a plantation of Lord STAFFORD with
John ADCOCK and Thomas PAUL on 25 Nov.1826
SENTENCE OF DEATH COMMUTED TO GAOL TERM
(11) James PAUL
Aged 18, native place Costessey, Norfolk. Baptd. 9 July 1806.
son of Thomas PAUL and Mary (nee BAILEY ) of Costessey.
Married 26 October 1830 to Harriet SKIPPER
Death sentence commuted to 4 months in Swaffham Gaol.
(12) Thomas PAUL
Aged 26, native place Costessey, Norfolk. baptised 22
February 1802.
son of Thomas PAUL and Mary (nee BAILEY ) of Costessey
Death sentence commuted to 2 years in gaol at Swaffham.
(13 ) Thomas SKIPPER
Aged 17, native place Costessey, Norfolk. Baptised 4 Feb. 1810.
son of Thomas SKIPPER and Mary (nee LAKAY ) of Costessey.
SENTENCE OF DEATH BUT NOT IN CUSTODY
(14) John PERRY
At the time of the trial PERRY was not in custody although
in the
evidence it was seen that he was a ringleader. Nothing further
has been
discovered about him.
On 18 September 1826 a child Ellen E. PERRY daughter of John
Perry and Martha was baptised at Costessey Church
TURNED KINGS EVIDENCE
(15) Richard TURNER
It was reported that TURNER had been a gentleman's servant
twelve months before who turned King's Evidence and escaped
punishment.
.
On 17 May 1828 a Richard TURNER married Anne SIMMONS at
Costessey, witnesses John PANK and Anne POWELL.
Is it possible that he was planted in the gang !
NO KNOWLEDGE OF SENTENCE
(16) Matthew HOWLETT
Howlett who was with the gang at the Red Lion, Drayton is
not
mentioned in the report of the affray and seems not to have
been charged.
OTHER COSTESSEY POACHERS
TRANSPORTED TO AUSTRALIA
Transported on Ship
'ASIA V' ex Portsmouth 17 Aug. 1827 arrived Hobart 7 Dec. 1827.
sentenced to 7 years transportation
10 JAN.1827 for Night Poaching in a plantation of Lord Stafford
at Costessey (accompanied by Thomas PAUL and James HARVEY)
(17) John ADCOCK
Aged 28 at trial, native place Costessey, Norfolk.
Farm Labourer. and Ploughman. baptised 12 Nov.1797.
son of Richard ADCOCK and Elizabeth (nee CUTLER )
of Costessey.
Married 4 Oct. 1825 to Sarah GURNEY of Costessey.
witnesses William & Amelia BANHAM.
children : Maria Eliza bap. 17 April 1825
Sarah Ann bap. 1827
Sarah ADCOCK was on parish relief all through 1827.
IN VAN DIEMANS LAND;
Assigned to Mr Anthony Geiss of Wellington Parish.
11 March 1830 Absented himself from master's service-Reprimanded
1832/33 Ticket of leave.
23 January 1834 Free Certificate issued. It
is to Lord STAFFORD'S credit that he appealed
to the Home Secretary to have ADCOCK'S sentence remitted . The
appeal was unsucessful. TRANSPORTED
ON BARQUE "STATHFIELDSAY"B EX PORTSMOUTH 18 FEB. 1836
ARRIVED SYDNEY 15 JUNE 1836
James PAUL
Sentenced to 14 years transportation for night poaching at
Norfolk
Assizes 28 March 1835
Aged 29, baptised 9 November 1806. Costessey.
son of Thomas PAUL and Mary (nee BAILEY)
Married 28 October 1830 to Harriet SKIPPER of Costessey.
Assigned to Mr. Jones , Berrima N.S.W.
Ticket of leave 14 Sept. 1842.
DIED 5 March 1844 at Hilloo INSt. Berrima N.S.W.
TRANSPORTED ON SHIP "
BARDASTER" EX SHERNESS 18 NOV.1835 ARRIVED HOBART 13 JANUARY
1836
John PAUL
Sentenced to 14 years transportation for night poaching at
Norfolk
Assizes 28 March 1835
Age (on Conviction) 35, native place Costessey, Farm labourer
Baptised 7 July 1799 son of Thomas and Mary PAUL.
Married 1 May 1820 to Mary DRAKE
Witnesses John BANHAM and Mary LOVICK
Assigned to Van Diemans Land company on arrival
27 Nov. 1838 drunkeness late 7 nights- to be worked during day.
31 March 1842 Ticket Of Leave.
30 Aug. 1842 Misconduct T.L. reduced.
30 Aug. 1844 Recommended to the Queen for a conditional pardon.
5 July 1849 Free Certificate
Unsuccesful attempts were made by W.R.
Staff Esq., R.M.Bacon a Newspaper editor and other
influential persons to get the PAUL brothers sentence of
transportation commuted.
T.G. Barley, December 1998.
Bibliography and sources of reference ;-
The Village Labourer 1760-1832. L.L.Hammond and Barbara Hammond - First publ. 1911 Longmans, London&<
The History of Costessey by T.B. Norgate publ. by Author , August 1972.
The
Diary Of A Country Parson. 1758-1802. James
Woodforde. ed by James Beresford
- OUP 1978
The
Long Affray. The Poaching Wars 1790-1914. Harry Hopkins.
- Macmillan (PAPERMAC) London 1985
Peasants
& Poachers. A study in rural disorder in Norfolk
-The Boydell Press, Woodbridge Suffolk 111980
Tasmanian Archives Convict Records -Hobart, Tasmania
Australian Joint Copying Project-- Home Office Papers. Alexander Library, Perth, Western Australia
Norfolk Chronicle and Norwich
Gazette - Sat. 31st March 1827
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