Melksham Times Past: Drunken Acts or Misunderstandings?

A column by local historian Lisa Ellis

On 3rd May 1864, Benjamin Flower placed a pile of thorns in a green lane against a ditch and gate near the residence of his son-in-law, Thomas Webb, at Kite’s stile in Melksham Forest. His intention was to do some mending of the fences. His daughter Emma had married Tom Webb, an agricultural labourer, less than two years prior.

The following month, William Buckland, Richard Kemp, Noah Long, Edward Tucker (alias Redman), Henry Richards and John Helps were all summoned to Petty Sessions for setting fire to the said pile of thorns the evening after he put them down.

The solicitor acting for Mr Flower, Alexander Blucher Smith, wanted it to be known that his client was not acting out of ill-will towards the men, but merely wished to convince them that they cannot take forest laws upon themselves, jeopardising the lives of the public and rendering the highways unsafe. If the men admitted wrongdoing, and paid for the cost of the thorns, the case would be dropped.

The men, however, pleaded ‘not guilty’.

In testifying as to what he witnessed when he returned home from work the evening of 4th May, Webb stated he saw a fire on the spot where the thorns were placed and on going there found them in flames. Seven men were sitting and standing about there, two of them (Tucker and Helps) adding fuel to the flames. He asked them what they had set fire to and they replied that the thorns ought not to be there; they suggested the thorns were put there to block the gateway. Webb commented the men had obviously been drinking, based on their very abusive language.

The bench wasn’t satisfied with the testimony and raised the point whether there was a right of way over the footpath, and if the thorns were indeed meant to be blocking it.

A B Smith produced a map clearly indicating that the right of way ran through the adjoining property and not over the prosecutor’s property.

There was no defense offered by the men other than ignorance of who started the fire.

The bench retired for half an hour and upon return, acquitted Kemp, Richards and Long; he ordered the other three to pay the value of the thorns, plus a small fine and costs.

Three years later, Benjamin Flower was in court for another drunken-related matter. This time it was himself being charged for disorderly conduct, when he was spotted swearing and using abusive language in front of another son-in-law’s premises. This time the incident occurred by 11 High Street at the confectioner’s shop run by Isaac Miles, the husband of Flower’s eldest daughter, Clara Ann. Flower denied being drunk and that his actions were because he’d been very put out for reasons not any business of the arresting constable, PC Miller.

The case against Flower was dismissed, and the Chairman addressed Mr Superintendent Harris that, “it had become the practice among some parties in this district to drive without reins.”

Pictured: 1888 map indicating where Kites Stile is (off New Road, Melksham Forest). [Dotted red lines indicate public footpath]