17th August 1840
Reference Numbert18400817-1999
VerdictGuilty > lesser offence

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1999. MARY M'CARTHY was indicted for unlawfully, maliciously, and feloniously assaulting James Murphy, on the 15th of July, and cutting and wounding him upon his forehead, with intent to maim and disable him:—2nd COUNT, stating her intent to be to do him some grievous bodily harm.

JAMES MURPHY . I am a coal-whipper, and live in New-court, St. George's-in-the-East. I have known the prisoner five months, while I have been living in the court—I never lived in the same house with her—she abused me once or twice, about six weeks before this happened, and she threatened me several times before that she would give me a mark—I had done nothing to offend her. On Wednesday evening, the 15th of July, I was in the court between seven and eight o'clock—I went into the house where I live, and was asked by my next door neighbour to go and have some beer—I went and saw the prisoner there—I came out of the house directly, and she followed me out—I had said nothing to her—when she came out she caught me by the jacket, and tore it, and said I should go in and have some beer with her—I told her I would have nothing to say to her, and to keep away from me, for she was no good—I got from her and went to my own place—she followed me into my place—I told her far God's sake to keep away, I wanted to have nothing to say to her—I was afterwards standing in the court, with my back against the wall, and my hands in my pocket—she came up, and had a row with another woman in the court, and then turned round and hit me on the forehead with a quart pot, which she had in her hand—it cut me, and bled all the way to the London Hospital, where I went to get it dressed—I was in the hospital twelve days altogether—I had come away a day or two and gone again—I had done nothing whatever to her.

ELEANOR HENDROCKSON . I was in the court, and saw Murphy standing at his own door—the prisoner came up to him—they had had a difference a

fortnight or three weeks before, and she came to him and begged him to make it up with her—he said she was a bad woman, he would have nothing to say to her, and for God's sake to let him alone—a quart pot was thrown out of the window at her, but by whom I do not know—she took it up and struck him on the forehead with it—it bled a great quantity—we were forced to take him to the doctor's—they could not dress it, and we took him to the hospital—he had done nothing to her to my knowledge, but I was not long in the court—I had but just come down stairs—I was looking out of the two-pair window at the time the accident happened, but came down after it was done.

JOHN WILLIAM SEA . I am house surgeon at the London Hospital. I saw the prosecutor that evening—he had an incised wound over the left eye, about an inch in length—a small artery was divided, and he bled profusely—it was about half an inch deep, and an inch long, or rather more—he would not remain in the hospital that night—he came next morning, and was very ill indeed—he was obliged to come into the hospital—he would have been in danger if he had continued out, but coming in averted the danger—if inflammation had followed it would have been very dangerous—he was twelve or thirteen days in the hospital.

JOHN BIVAND . I am a policeman. I apprehended the prisoner on Friday night, the 17th of July.

Prisoner's Defence, written. "About four weeks ago the prosecutor insulted me in a very indecent manner, and had done so three weeks before. I told him if he did it again I would mark him. He then kicked me in the back, threw water over me, and struck me, and I threw the pot at him. Had not the neighbours taken me into the house he would have killed me. I have suffered severely since from a cut in my head."

GUILTY. Aged 38.—Of an Assault.— Confined Six Months.—One Week in each Month solitary.

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