The Proceedings of the Old Bailey

 

Before Lord Chief Justice Tenterden.

2104.   THOMAS APPLEBEE was indicted for feloniously assaulting   John Calnan , and with a certain sharp instrument cutting him, with intent to murder him .

TWO OTHER COUNTS, stating his intent to be to disable or do him some grevious bodily harm.

JOHN CALNAN. I live in George-street, Grosvenor-square, and sell baked potatoes about - I sleep in the bake-house. On the 27th of September, when I got up in the morning, I missed 4 1/2d. from my pocket - the prisoner also sold potatoes about; a boy named Hewitt told me something, and next day I saw the prisoner at High-street office- the prisoner was going to beat Hewitt, who was in the street, for telling me; I asked the prisoner about my money - he said he did not have it, and began calling me names, and using low expressions; he hit Hewitt, who is less than me, and not able to take his own part - he is twelve years old - I hit the prisoner for striking him; he then struck me - I struck again; he had a tobacco-box in his hand - he put that into his pocket, took out a knife, and struck me in the left side.

The Court ruled that this offence did not come within the meaning of the Act.

NOT GUILTY .