The Proceedings of the Old Bailey

 

627.   THOMAS CUTTER was indicted, for that he, on the 26th of July , in and upon   Thomas Hedges , a subject of our Lord the King, feloniously did make an assault, and with a certain sharp instrument did stab and cut the said Thomas in and upon his head and face and left hand, with intent to kill and murder him .

SECOND COUNT, for like offence to disable him.

THIRD COUNT, to do him some grievous bodily harm.

  THOMAS HEDGES . I am a gardiner , at  Hampstead .

Q. Do you know the prisoner - A. Yes; he is a labouring man at Hampstead. I had known him for some years. On the 26th of July, when I went into my garden, that I rent, it was near ten o'clock at night. I saw the prisoner in the garden.

Q.What was he doing there - A. Stealing of cucumbers. I spoke to him. He ran away. I ran after him. He was going to get over the pales. I pulled him down. We had a scuffle for some time. He cut my hand twice.

Q. Had you recourse to a surgeon - A. Yes; Mr. Heathcote.

Q. Did you apprehend the prisoner that night - A. Yes; he was apprehended by   Thomas Boyce . I have no doubt of the prisoner's person. He cut me three or four times. He cut me twice on my hand and twice on my throat, and two or three stabs on my head. I hope you will be merciful to him.

THOMAS BOYCE. I apprehended the prisoner, on the Sunday night, at his mother's house. I told him it would be better for him to come to Mr. Hedges. I thought he might make it up with him. I searched the prisoner, and found a clasp knife.

Prisoner's Defence. He knocked me down first.

Q. to Hedges. Did you strike him first - A. I belive I might. I hit him with a stick.

Q. Had he taken some cucumbers - A. I do not know that he had.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Heath.