20th August 1838
Reference Numbert18380820-2048
VerdictGuilty > lesser offence

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2048. OWEN M'LOUGHLIN was indicted for feloniously assaulting David Ross, on the 14th of July, and cutting and wounding him in and upon the left side of his head and face, with intent to kill and murder him,—2nd COUNT, stating his intent to he to maim and disable him-3rd COUNT, TO do him some grievous bodily harm.

MR. CHAMBERS conducted the Prosecution.

DAVID ROSS . On the 14th of July last, I was collector of the tolls for the Greenwich-railway—on that evening I was near the bridge over the Grand Surrey Canal—I saw the prisoner coming down the footpath of the Railway—I asked him if he had a ticket—he said "No"—I told him he must either show his ticket or pay one penny—he told me he would see me d--d first-Watson, the constable, came up and stopped him—the prisoner had passed me then, and was opposite my office, and he flourished a stone bottle which he had in Watson's face-Watson had not drawn his staff then, bat I saw the prisoner holding the bottle in Watson's face, and he made a grab to get hold of the constable or his staff, I do not know which—I went up to try to make peace between them, but he fore I could say a word, I was knocked down the same as if I was shot through the head, and that is all I know—I was struck down with the stone-bottle, and became quite insensible—I do not know who I was taken up by.

Cross-examined by MR. PAYNE. Q. Had you lost any portion of your body he fore this?—A. I lost my hand twenty years ago—it was shot off—I have resided for five years in North America—I have been attended by a doctor ever since I received this blow—I do not know what was given me—the prisoner did not offer to pay one penny at any time, nor did anybody offer to pay it for him—there was no person near except a man who came forward and paid me a little he fore him, and got on he fore him—he might he near enough to see what took place.

Q. Are there any lanes the man would have to go through so as to save a great distance, if he went along the road? A. There is a lane-if he was going down the lane we should not speak to-nor stop him—I did not ask him if he was going down the lane—he came to me on the Railway—that leads to the lane, provided he went straight on—my orders are that persons who pass the front of the door are to pay a penny or show their ticket.

JAMES WATSON . I am a constable, in the employ of the London and Greenwich Railway. On the 14th of July I was on duty at the bridge over the Grand Surrey Canal, and saw the prisoner coming along the Rail-way-path—I heard Ross ask him if he had got a ticket—I did not hear his reply—I saw him pass Ross's box, and I went and stopped him—I am stationed there to see that people pay a penny, or show a ticket—I told him he was to pay a penny or show a ticket—he said he had no ticket, and he would not pay—I then drew my staff—he had done nothing, but refused to pay, he fore I did so—he then struck the prosecutor over the head with a bottle—the prosecutor was very near him when I spoke to him—I had seen the bottle in the prisoner's hand as he was coming along the line—he knocked Ross down, and the bottle broke—I turned round to the prisoner, and he said he would throw me into the kennel if he got hold of me—he went under the arch of the bridge, and I gave information to one of my brother constables—I afterwards picked up part of the fragments of the bottle, which I produce—it was about a quart bottle—there was a string to it—I will not swear whether he held it by the string or handle when he struck with it.

Cross-examined by MR. DOANE. Q. Was he coming along the path by the side of where the steam-carriages run? A. No, he was on the path-every one that passes on that is supposed to pay a penny—he was not on

the Railway, but the foot-path alongside the bottom of the arches—it is walled off—he could get on it by coming up one of the lanes—it is open to the lanes—I fancy he must have come about half a mile on the Railway. path—there was no lane nearer than that, but he might have got through a gate—I believe some of them are open—the prisoner had been employed on the Railway, but was not at the time this happened-persons who have been employed are not allowed to pass without paying—I think he had been drinking at the time—I think he had been employed there as lately as a fortnight he fore—the bottle he had is a usual thing for labourers to to have—it is called the tea-bottle—I did not exactly hear the answer he made to Ross—I was not far off—he refused to pay or show his ticket—the prosecutor called me to him—I think he called me by name, and told me to stop him—I never lifted my staff to him he fore he struck the prosecutor—I will not swear whether he held the bottle up to protect himself when I drew my staff—he did not hold it up he fore me he fore he struck the prosecutor—that I swear—I was not aware that he did—the prosecutor did not attempt to take him into custody he fore he knocked him down—he was asking for payment or a ticket—I do not think he tried to lay hold of him—he was knocked down instantly—I did not stay to help him up, but looked after the prisoner—I will swear the bottle broke at the side of his face he fore it touched the ground—it would save the prisoner a long distance to go along that path-when I drew my staff I advanced on him to take him into custody, and he retreated—I followed him-Ross did not—he stopped where he was—it was after he struck him that he retreated—he never retreated he fore he struck—I was not going to take him into custody for not paying—I drew my staff he cause he had been troublesome, and threatened somebody he fore—I stopped him from passing, because my orders are that if they do not pay or show a ticket, I am to turn them of the line—I was going to turn him off.

MR. CHAMBERS. Q. he fore he struck Ross, did you use your staff in any way, or attempt to strike him? A. No—I did not attempt to lay hold of him, nor did Ross.

URIAH EDEN . I am a policeman. I was called on to take the prisoner into custody, between six and seven o'clock in the evening, on the 14th of July—he was then in the New-road, Deptford, about a mile from where this happened—I went up to him, and said there was a charge against him for assaulting a Collector on the Railroad, and I must take him to the station-house—he said he would not go—I then said, "You had better go quietly with me, without any piece of work"—I tool him by the arm, and with the assistance of Baker endeavoured to take him, but he began to kick most violently and flourish about—he struck me three times in the mouth, which was full of blood, and cut me in two places-with the assistance of another constable I at last took him to the station-house, after a great deal of resistance—he appeared to have been drinking, but was not drunk.

THOMAS BAKER . I assisted in taking him—he had been drinking, but was not drunk.

JOHN EVANS . I am a policeman. I assisted in taking the prisoner—I thought he had been drinking, but he was far from being drunk.

Cross-examined. Q. Will not excitement take off a good deal of drunkenness? A. I believe so.

RICHARD COLLER HORE . I practise as a surgeon, at Blackneath-hill.

About eleven o'clock on the night of the 14th of July, I was called on to attend the prosecutor—I examined his head, and found an abrasion of the skin with blood issuing from it—he had received a violent blow on the left temple—there was great tumefaction—I could not ascertain at the time whether the bone was fractured—he lost the sight of his left eye, and it rendered him deaf on the left ear—he had great difficulty of speech—he could scarcely answer questions put to him, not being able to articulate, and on moving the bandage off his head, he shortly he came insensible—I have seen the fragments of the bottle—it was such a wound as might have been inflicted with a bottle—I have attended him ever since, frequently twice a day—I considered him in a dangerous state for several weeks—he is not yet recovered.

Cross-examined by MR. PAYNE. Q. I think you are not a member of the College of Surgeons? A. I am not—I am practising as a licensed apothecary—I have practised surgery as long as I have been an apothecary—I passed the Hall in January, 1830, and have practised ever since as an apothecary—I went out as surgeon in a ship to India, and have acted as house-surgeon to a dispensary—I did not bleed the prosecutor in the arm if he had been a young man of full habit, I would have bled him from the arm—I did not think it requisite to shave his head—I never saw the before—the effect to his sight and hearing was the result of the injury, I have no doubt, from inquiry from the man himself, as soon as I thought it right to ask him questions, and I made inquiry of other persons as well—I attribute the loss of sight and deafness to the blow received—I had never seen him he fore, but my opinion is, that he is a man who has seen a good deal of hard service, but, for his age, of a good constitution—I consider the sight of his eye was injured from paralysis of the optic nerve, produced by the blow—that could not b; occasioned by the shotting off of his arm—he has lost the use of his right hand, but has feeling in the arm—I did not give him much mercury-f gave him a very small quantity—I cannot say at present how many pills he took—I gave him half-a dozen to take—that was all-his mouth was affected, but that might he by other remedies as well as mercury.

Q. Did you give any opinion about the fourth day after the accident that the man would he well very soon? A. Yes, but there was a proviso, if he was kept perfectly free from annoyance, and quiet-but he was not kept so from the interference of the prisoner's friends, and did not get well so soon—the effect of the blow itself would not have gone off in a short time-inflammation even now might he produced—there was a better chance of his getting well in a few days if he was kept quiet—the skin was broken on the left temple—that would not he visible now, nor the cycatrix, from its baring healed—I have not examined it—there were the marks of it four days afterwards—I never said the skin was not broken—I have said it was a sort of injury which a medical man would hardly consider a wound, but it was in the eye of the law a wound—there were signs of it visible four days after.

Q. Have you expressed no opinion against the prisoner? A. Only when I was offered a bribe, to give a certificate, that he should be bailed—I merely said he deserved punishment, in which opinion I was supported by his friend—there was a little dispute-Dr. Alexander Lee, and Mr. Mitchell, and Mr. Downing were called in—they went not called in consequence of any doubt expressed as to the correctness of my treatment—he was an old servant of Dr. Lee's, and he came to

him and attended him, at the request of the Railroad Company, and I took him one day to Mr. Mitchell, as a friend—Mr. Downing is a surgeon of the Police force, and he coincided in my opinion—the mercury I gave him could not injure him—my object was to produce absorption-mercury weakens the body for the time, but not to injure the constitution—I have seen a hundred grains of calomel given for a dose, and repeated two or three times a day—I have seen half a drachm given—it is the only remedy in case of cholera.

MR. CHAMBERS. Q. Did you give small and moderate doses in this case? A. I did-a violent blow will produce concussion of the brain, and that produces extravasation of blood, pressing on the brain—it appeared to me that the injury in this case arose from concussion—it is the correct practice to bleed from the temporal artery in an old subject, rather than the arm—it relieves the brain more safely and effectually—I applied leeches to the temple—I considered it safest to bleed by leeches-nothing is more important than to take care not to take too much blood-re-action is prevented by taking too much—I have attended the Borough Hospital and St. Thomas's Hospital, and I adopt the same course as is adopted there.

ALEXANDER LEE . I practise in Crown-square, in the Borough. Ross was an old servant of mine for several years—he left me about four years ago—he had no affection of the eye-sight, nor of deafness—I saw him on the Thursday following the Saturday on which he received this accident—I have heard Mr. Hore state his treatment, and, in my opinion, it was very correct.

Cross-examined. Q. Did you observe any wound on the head? A. There was a slight incrustation and abrasion of the skin, not exactly a wound, but an abrasion of the cuticle—it did not penetrate farther than that.

MR. CHAMBERS. Q. The cuticle is the external skin? A. The upper skin-blood would issue, but in a different manner if the whole skin was cut—the blood would issue from that as if yon squeezed a sponge—it would ooze.

GUILTYof an assault only. Aged 22.— Confined Six Months.

Before Mr. Common Sergeant.

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