Offence: Breaking Peace > wounding
Verdict: Guilty > no_subcategory
Punishment: Imprisonment > penal servitude
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MESSRS. ARTHUR GILL and HODGSON Prosecuted.
WILLIAM HAYNES (302 Y). On October 4th, 1896, about eleven p.m., I was at the Junction Road police point with McCarthy (252 Y)—I saw the prisoner with Sidney George, and Charles Chamberlain coming along Junction Road, holloaing and shouting and using filthy language—opposite St. John's Road I requested them to desist several times, they did so, but commenced again their disorderly conduct—I followed and spoke to them again—McCarthy was behind me—I was struck a violent blow by Charles Chamberlain, and in the right eye by Sidney George—then the prisoner attacked me with blows on my head—I fell and became unconscious—I was helped by two private persons and taken to the police station—I was examined by the divisional surgeon—my face and tunic were covered with blood—there is a stab through the centre plate of my helmet, and four corresponding marks on the top of my head—I was on the sick list seven weeks—I identified the prisoner at 11.15 on January 15th from nine others, without difficulty.
Cross-examined. I did not know you—I took out a warrant to arrest the three men—your name was in the warrant.
Re-examined. The brother was taken into custody the same night.
WILLIAM MCCARTHY (252 Y). I was with Haynes and crossed the road to speak to the three men—I saw their faces—they went about 50-yards and commenced shouting again—I saw the prisoner and Sidney George strike Haynes about the face—he fell—I was about 10 yards behind—I rushed to Haynes' assistance, and I received a blow on my mouth from Charles Chamberlain—I closed with him—we both fell—I blew my whistle while on the ground—I saw the prisoner and Sidney George get off Haynes and leave him insensible on the ground—two gentlemen picked Haynes up and another gentleman came, to my assistance—I took Charles in custody, and the two gentlemen took Haynes to the station where he was seen by the divsional surgeon—I had not seen the men before.
PATRICK WHITE RATTRAY . I am surgeon of the Y Division—I saw Haynes about 11.30 on October 4th, 1896—he was suffering from nervous shock, had lost a great deal of blood, and on the left side of his neck, face, and scalp were seven separate and distinct stabs caused by a knife—the most serious wound was in the neck, it was about 1/4 in. long and 3/4 in. deep, opening the wind pipe—the next dangerous wound was behind the left ear, 1 1/2 in. long and I in deep, near the vital structure of the neck—below the ear was another wound on the left cheek, 3/4 in long, another on the temple, 3/4 in. long and 3/4 in. deep—this corresponded with the helmet stab—there were three other wounds of a corresponding character—he was on the sick list seven weeks—he has now quite recovered—he was two months from duty.
THOMAS RUSSENT (637 Y). In January this year I saw the prisoner about 11.15 p.m. in the Hoiloway Road—I told him I should arrest him on a warrant for unlawfully and maliciously wounding police constable Haynes on October 4th, 1896, &c.—he replied, "I know nothing about it, you have got the wrong man"—on the way to the police station he said, "If I had known you had been coming I would have had two or three bits of lead ready for you"—about 10 yards from the station he
said he wanted to see the warrant—I told him it was not worth while, I would show it to him when we got to the station—the warrant was read to him—I had seen him before, T believe he is a native—I had been searching for him—his brother Charles was sentenced to five years.
ALBERT MITCUINER (17 Y). I took the charge against the prisoner—I read it over to him—he replied, "I know nothing about it I can bring witnesses to prove that I was not there."—I asked if I should communicate with them—he replied, "No, I may as well be in prison as out."
The prisoner, in his defence, stated that he had been sentenced at the North London Police Court to three months' imprisonment, and had promised to go out of the neighbourhood; that he went to Southend, and when he came back he was arrested; that 10 years ago he had been apprehended in mistake for his brother on a charge of stabbing, and had never been able to work since in the neighbourhood, and that he knew nothing about this case.
GUILTY **— Five Years' Penal Servitude.