5 Minute Sentences for a criminal offence (General)
by lesleyr 
, London, Thursday, February 09, 2012, 14:44 (4680 days ago)
Hello,
While researching my Hale ancestors, I came across an entry in the English Criminal Records for Gloucestershire:
Moses Hale Senior, Moses Hale Junior and Cornelius Knight were tried at the Gloucester Lent Assizes of 1831 for “feloniously damaging a mine”. Moses Senior was acquitted but Moses Junior and Cornelius were sentenced to imprisonment for “5 minutes”. I looked very carefully to make sure it was not 5 months but it is definitely 5 minutes. Can anyone explain why they were given such short sentences please?
Regards,
Lesley
5 Minute Sentences for a criminal offence
A report appears in "The Standard" on 8th April 1831
The "offence" took place in the Old Fire Engine Mine owned by Messrs Bennett & Co after the owners sunk a new shaft called Squib Pit which Knight and Hale disputed Bennett & Co could do under Forest mining law and that they needed another Galage (licence) from the Crown which they did not have.
So Knight & Hale started to block the new shaft, they were found out and prosecuted but the prosecutors did not want them to be punished, merely that they did not want it to happen again.
Once found Guilty the Judge said that under an act of Parliament "I cannot fine the prisoners I must imprison them, I shall imprison them for five minutes"
The prisoners waited in court for 5 minutes, then went away
5 Minute Sentences for a criminal offence
by lesleyr , London, Thursday, February 09, 2012, 16:52 (4680 days ago) @ dink999
Thank you so much for your information! What a great story.
Although there seem to have been quite a few Moses Hales around in the Forest at that time, I'm hoping that the two Moses Hales in this case are my five times great grandfather Moses (c 1771 - 1855) and his son Moses (1799 - after 1861). They would both have been working in 1831.
Many thanks
Lesley