James Toomer

341

Maureen Withey on 5th November 2019

Wilts Special Commission, Salisbury, Wednesday James Lush, 40, James Toomer, 35, George Toomer, 36, and James Lane, 23, were indicted for having feloniously, at Homington, robbed William Perry of certain monies, his property. William Perry: Lives at Homington, and is a farmer; on the 23rd of November, about twelve o’clock at night, he went out of doors about one mile from home, in consequence of some information he received, to meet the mob, which consisted of forty or fifty; he rode with them to his house; he saw Lush and James Toomer; he said to the latter, “James Toomer, is that you? I am sorry to see you here.” He said, “Yes, we are going to see the machine, and to break it.” Toomer had been in his employ about three weeks before; as they were going across the yard, witness had a lanthorn in his hand, when George Toomer laid hold of his coat, and threatened to pull him off his horse if he did not let him have it; he took it from him, and the mob then went into the machine-house; when they struck some blows on the machine the candle went out, and they returned to the house, where they demanded money, which, after some time, he gave to them; George Toomer was close by; they said they must have money, they had got it from other persons, mentioning their names, and that they would have some from him; finding they were determined to have it, he told them he had nothing but silver; he ultimately gave them some; George Toomer was standing close by; he saw several sledge hammers in the hands of the mob, but he could not tell whose; they then demanded beer, which he was obliged to give them; they next set up a cheer, which, after some difficulty, he silenced, because he had a mother, eighty years of age, living close by, and he did not wish her to be alarmed; the mob then went away; the mob, when they first demanded money, wanted two sovereigns. C.K. Perry identified the prisoner Lush and the two Toomers, as being close to his brother when the money was demanded. Thomas Luther identified Lane as having been in the mob at another place, but he did not see him at Mr Perry’s. Mr Justice Alderson said there was no case made out against Lane. The Jury found Lush and the two Toomers Guilty, and acquitted Lane. Morning Chronicle, 7 Jan 1831. Wilts Special Commission, Salisbury, Wednesday James Lush and George Toomer were again charged with having robbed Bartlett Pinniger, of two sovereigns, his property. Mr Bartlett Pinniger is a farmer, living at Coombe Bissett. On the 23rd Nov. he was told that a mob had collected, and were coming down to Coombe; he I consequence went home, armed himself with a brace of pistols, and about 20 or 30 men whom he had collected together with sticks, ready to meet them. They waited till ten o’clock, when he closed the gates. A neighbour of his, of the name of Fleetwood, then came up to him with a lanthorn, and while they were talking the mob came up; he took the lanthorn out of Mr Fleetwood’s hand, and leant over the wall, saying, that he would not give them any money, but that they might go and break the machine; he did this because his wife was very ill, and he was afraid she would be alarmed. They said they should not have money, and that he would shoot them. They said, “Oh, you can shoot but one of us.” One of the men having effected an entrance into the yard, he called out “Come on.” The mob then presses witness and Mr Fleetwood so hard that he called to his men to come and assist. He again held up the lanthorn, and held out the pistol, which flashed in the pan when he pulled the trigger. The mob kept on striking the lanthorn with sticks until the light was struck out. He received a severe blow on the arm, and many of his men had broken heads. A scuffle then ensued, and finding (from the nature of their numbers and weapons) that they could do nothing with them, he called out that he would give them the two sovereigns. One of the men, who had a sledge-hammer, was knocking down the walls at this time. The generality of the mob had very large sticks. He asked who took the money, and immediately one of them took it; several of them called out, as if in doubt of it having been given; they then called out for the machine, and he having told them where it was, they went and broke it. This stick was taken from one of the mob; it was the branch of a tree, and was used by sawyers as a lever to move timber. He could not identify either of the prisoners. David Hillier, a man who was in the employ of the last witness, proved having seen the two prisoners in the yard on the 23rd November; he also spoke to the fact of the scuffle; he received a blow in it, which made him feel a “little senseless,” but he recovered just as the money was given; the prisoners either had sticks or iron bars in their hands. William Baker, another servant of the prosecutor’s, also identified the prisoners. The prisoner Lush: My Lord, I should like to know whether there is any punishment for that witness who swears a false oath? Mr Justice Alderson: Certainly there is. Lush: Then, milord, that’s the man. Witness said: I have spoken the truth, James, you know. Lush (grasping the bar in front of the Dock): My Lord, I wish my hands may never come up if he has not sworn falsely against me. Oh! William, you be a false man. You’re a scandalous fellow to destroy a poor man’s life in this manner. The prisoners, in their defence, protested their innocence. Mr Justice Alderson having summed up, the Jury found the prisoners both Guilty. Morning Chronicle, 7 Jan 1831

221

D Wong on 12th August 2019

13/1/1831 Bath Chronicle and Weekly Gazette Somerset, England: WILTS SPECIAL COMMISSION James Lush, 40; James Toomer 35; and George Toomer, 36; were found guilty of feloniously robbing William Perry, at Homington, of certain monies, his property, under a threat of breaking his machines. James Lush and George Toomer were again convicted of having feloniously robbed Bartlett Poinniger, of two sovereigns, his property. George Toomer and James Lush arrived VDL on the 'Proteus 1831'. George and James were brothers. James Toomer was listed as 36 years old on arrival Native Place: Wiltshire. Father: Richard Toomer buried 25/7/1820, aged 64 at Bishopstone. Mother: Sarah Lodge married 2/4/1792 at Bishopstone. James was literate, protestant, Married with 5 male and 3 female children, 5'5¾" tall, ruddy complexion, brown hair, hazel eyes, cut at outer part left wrist, angular scar in centre of forehead, and small one right side. 21/8/1815: Married Jane Carpenter (193-1855) at Horningsham, Wiltshire. Children: 1816-1891 William Toomer 1817-1900 Sarah Toomer 1818-1890 Ann Toomer 1820-1847 Mary Toomer 1821-1863 Michael Toomer 1823-1841 Fanny Toomer 1825-1880 John Toomer 1827-1894 James Toomer 1828-1863 George Toomer 1840-1892 Herbert Toomer Assigned to Houston Mitchell at Maitland on arrival. 1837: Aged 40, Assigned to Houston Mitchell at Maitland. 13/10/1837: Royal Pardon Warrant. 1841: Died at Homington, Wiltshire. Source: Ancestry Trees.