Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 December 2014), March 1902, trial of ALEXANDER MENDAY (27) (t19020310-249).

ALEXANDER MENDAY, Killing > manslaughter, 10th March 1902.

249. ALEXANDER MENDAY (27) , Manslaughter of Dugald McCall.

MR. WARBURTON Prosecuted.

FREDERICK ANGLISS . I am a labourer, of 11, Deny Road, Edmonton—a few minutes after 5 p.m. on February 19th I—was in Telegraph Street, near Moorgate Street—I saw the prisoner and some other men come out of the Butler's Head—when they got outside, the prisoner and the deceased began fighting—the prisoner struck the first blow—after they had had several rounds the deceased said, "I am done; I will give in"—the prisoner went after him again—the deceased turned round and butted him in the stomach and threw him to the ground and fell on top of him—the deceased then got up and said again, "lam done; I will give in," and he walked off—he had gone about 15 yards when the prisoner overtook him and dealt him a terrific blow behind the right ear and knocked him down—the blow twisted him right over—he struck him from behind—when I raised the deceased's head, blood came from his nose and ears—the police were called—the prisoner did not do anything to help the deceased; he walked away—I think he was sober—the deceased was most assuredly sober—I followed the prisoner as he walked away and gave him into custody in a public house—both the men were strangers to me.

Cross-examined by the prisoner. You were thrown to the ground by the deceased butting you—I did not see him catch hold of you by the legs.

EDWARD JONES . I am a plasterer, and live at 48, Aden Park Road, Shepherd's Bush—on February 19th I was working in Copthall Avenue—the deceased was working on the same job—we left work at 5 p.m. and walked down together to the Butler's Head—we went into the bar, where we found the prisoner and two or three others—the deceased said to them that the language used in the house the previous night to the barmaid was something dreadful, and ought to be put a stop to—the prisoner and the others said, "Was it any of us?" and the deceased said "No," and the prisoner called him a b----Scotchman—the deceased walked out of the bar, and the prisoner struck at him—the deceased went out, and the prisoner followed—they had three rounds, and both fell to the ground—after the third round the deceased said twice, "I am done; I am finished"—he went three steps away when the prisoner hit him a cowardly blow behind the ear—the deceased did not butt the prisoner in the stomach—they did not hit one another after the three rounds—the prisoner fell to the ground, and lay on the kerb—the blow was from behind.

Cross-examined. You struck the blow first—the deceased did not butt you in the stomach.

GEORGE SNEEZMAN . I am a clerk, and live at Ivy Lane, Brockley—the prisoner and the deceased were strangers to me—I am employed in Tokenhouse Yard, and my office overlooks Telegraph Street—on this afternoon I heard a noise in Telegraph Street—I saw the prisoner and the deceased fighting—they both fell down—the deceased said, "I am done; I have had enough"—he attempted to walk away—several men there urged the prisoner to go for him again—the prisoner rushed at him again—as the prisoner was going to strike him, he put his head down and butted him, and they both fell together—they both got up, the deceased

uppermost—he walked away about five or six yards—the prisoner went after him, and from behind dealt him a terrific blow behind the right ear—the blow was quite audible in our office—he fell directly, and his head struck the kerb.

JOHN JAMES BLOOMFIELD the elder. I am a wire worker, of 6, Acton Street, Gray's Inn Road—I know the prisoner well—on February 19th I met him in the Butler's Head, about 3.40 p.m.—the deceased came in, and said something about the barmaid having been insulted the previous night—he said: "It is a shame these men should be allowed in the bar where a barmaid was insulted"—the landlord came in, and the deceased said to him, "You ought to have cleared the men out"—the landlord said, "Mind your own business; it is nothing to do with you. I am quite qualified to look after my business. If you don't look out I shall clear you out"—the deceased went out—then the prisoner went out a few seconds afterwards—I was not one of the men who said, "Let him have it"—I went out after the prisoner, and I saw the deceased going to take his coat off—I said, "My good fellow, don't you fight; take my advice, and go home"—he said, "I can look after myself"—I did not hear what led up to the fight—I took it that there was something about the barmaid—I do not know who struck the first blow—I did not hear the deceased say anything then, I was twelve or fourteen yards away—there did not seem to be people between me and the men fighting—both men fell down—I did not see them walk away—I did not see the blow behind the ear—the last I saw was the deceased getting up.

JOHN JAMES BLOOMFIELD the younger. I am a wire worker, of 6, Acton Street, Gray's Inn Road—on February 19th, I was in the Butler's Head, about 5 o'clock, with my father—I saw the prisoner and the deceased arguing over something—as the deceased went out, he said, "Come out, I am ready for you"—I saw one round outside, and then my father called me away.

WILLIAM HADDER (449 City.) On February 19th, shortly after 5 p.m., I was in Moorgate Street—I heard a police whistle in Telegraph Street—I went there, and found the deceased lying on the ground, about twenty-five to thirty yards from the Butler's Head public house—his head was close to the kerb, and he was bleeding from the right ear and his nose—I took him on an ambulance to St. Bartholomew's Hospital—about 10 p.m. the same evening I saw the deceased detained at the station—I charged him with a violent assault—I did not arrest him—he was perfectly sober when I saw him.

RICHARD WORTHINGTON . I am house surgeon at St. Bartholomew's Hospital—on February 19th, about 6 p.m., I saw the deceased—he was in an ambulance, and was quite unconscious—there was a large swelling behind his right ear, due to blood under the skin—he was bleeding from his right ear, and he had dry blood on his nose, as if in had been bleeding—he was evidently suffering from compression of the brain—he was admitted into the hospital, and during the evening he was trepanned to see if the pressure could be relieved—we could not find any fracture to the skull before the autopsy, which we made next morning, and found that death was due to pressure on the brain—a blow may have caused the fall, but I am of opinion that the fracture of the skull was due to his fall on the kerb—the swelling behind the ear may have been caused by the blow.

Cross-examined. During the night the deceased vomited once, and the vomit smelled of whisky.

The prisoner in his defence, on oath, said, that he fought with the deceased because he said he had used bad language to the barmaid the previous night; that during the fight the deceased fell and struck his head on the kerb; that he was quite a stranger to him; that he did not want to fight, but that the deceased made him; that he did not want to hurt the man, and that he did not strike him behind the right ear from behind.

GUILTY. Recommended to mercy by the jury. He had been convicted in 1897 of unlawfully wounding a woman. Six months' hard labour.