3rd April 1843
Reference Numbert18430403-1152
VerdictNot Guilty > unknown

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1152. TIMOTHY CONNOR , was indicted for feloniously assaulting John Cullen, on the 22nd of March, and cutting and wounding him on the left eyebrow, nose, and face, with intent to do him some grievous bodily harm.

MR. CURWOOD conducted the Prosecution.

JOHN CULLEN . I live in Little Shire-lane, in the back room, first floor; the prisoner occupied the front room. On the 22nd of March I returned home about half-past eleven o'clock at night—I heard the prisoner come in about ten minutes after twelve—I was in my own room—when I heard him I opened my room-door, and stood at it, and, in consequence of what my mother had told me, I asked him why he hit my mother while I was in the country, and said he was a d----d vagabond for doing such a thing—I had no sooner said so than I was stabbed on the eyebrow with some instrument—I directly called out that I was stabbed, and made a rush towards him—he was just at his own door, and I received a cut across my nose, which cut a piece of my nose off—I do not remember any more till I was taken to the hospital.

Cross-examined by MR. PAYNE. Q. Do you call yourself a painter? A. By trade I am; I have not got much by it lately—I am a professor of pugilism—I do not stand at the bottom of Shire-lane—Elizabeth Paton lives with me as my wife—I keep her—I have lately been at Newcastle-on-Tyne backing a prize-fighter—I very often do that—I never touched the prisoner before he struck me—I did not strike him on the head with a candlestick, or wound him in the head, nor ever laid my hand on him—I did not see him with any knife—I was struggling to get something from him when I got the cut on my nose—(looking at his deposition)—this is my signature—it was read over to me—I did not see a knife in his hand—I made a rush at him, and I had no sooner done so than I got a cut across the nose—I was not struggling to get anything from him when it happened—(the witness's deposition being read, stated, "He had a knife in his hand; I endeavoured to get the knife from him, and in the struggle he gave me another severe stab on the nose")—I did not see a knife in his hand—I made a rush at him, to get something away which he had—I always keep the witness Paton when I am in town—I am not very often in town.

ELIZABETH PATON . I live with Cullen, in Little Shire-lane; the prisoner lived in the same house. On the evening of the 22nd of March I heard the prisoner come up the stairs—Cullen went and stood at the threshold of his own room, which is right by the side of the stairs, and said, "Connor, what did you strike my mother for? you ought to be ashamed of yourself, for she is old enough to be your mother"—I heard Cullen say, "I am stabbed, Iam stabbed—I came to the door with a light, and saw the prisoner with a knife in his hand—I saw him run at Cullen with the knife, and draw the knife across his nose—Cullen was leaning on the landing at the time, and went to catch hold of the prisoner, to prevent his running away—I looked at his eye, which was bleeding very much—he rose his arm again to stab him, which I prevented, and got a slight wound in my arm through doing so.

Cross-examined. Q. Did not Cullen's sister come in? A. Yes—I asked her to hold the prisoner while I went and fetched a policeman—she struggled with the prisoner—she is not here—Cullen supports me—I have been an unfortunate girl, but have not been so for some months—I have been living with Cullen nearly four years—I am eighteen years old now—I have never been in custody.

LUTHER CARTER (police-constable F 64.) On the evening in question I was on duty near Shire-lane, and heard screams of "Murder," and "Police"—I went to No. 10, Little Shire-lane, and saw the prosecutor standing

against his door, bleeding very much from his left eye and nose—I asked him who did it—he said Connor—Connor was in his own room at the time, struggling with Cullen's sister, with a knife in his hand—I asked him for the knife three different times—he said he would not give it to me—I took it from him by force—this is it—it is a table-knife—I placed it on the table—after a bit he got it again, and said he would rip the b----s guts out—I then took him to the station.

Cross-examined. Q. Did you observe whether the prisoner's head was wounded? A. I did at the time—it was cut when I went into the room—it was quite a fresh wound—he did not mention anything about the door being broken.

MR. CURWOOD. Q. What sort of wound was it that the prisoner had? A. I cannot say whether it was from a cut or a fall—it was at the back of the head—he did not say who gave him that wound—he said but very little—he was very much frightened—the wound was bleeding, but not very fast.

(Witnesses for the Defence.)

MARY CONNOR . I am the prisoner's daughter—I am nearly ten years old, and live with my father and mother. On the night my father was taken into custody I saw Cullen in our room—he ran in and hit my father with the candlestick when my father and mother were taking their supper—my father had a knife eating his supper—I did not see him do anything with it after Cullen struck him—Cullen went to his own room—my father was sitting on the bed—he did not go out of his room—I did not see Cullen bleeding—the policeman came in in about ten minutes.

MR. CURWOOD. Q. Were you sitting up in the bed? A. Yes—I saw all that passed—Cullen came in with the candlestick and struck my father on the head as he was at supper—I did not see him struck or cut at all—my father never went out of the room till the policeman took him.

COURT. Q. Did anybody come into the room besides Cullen, before the policeman came? A. Yes—Ellen Cullen and Betsy Paton—when the policeman came, Ellen Cullen was in our room, lying down on the floor, with her head in the coal-cupboard—that was about half-an-hour after Cullen had come in—Paton was there when the policeman came—we were at supper at a little round table—there were plates on it—the policeman was in the room when my mother took them all away.

DENNIS M'CARTHY . I am a labourer, and live in New Cut, Lambeth. I know the prisoner. On the night he was taken I had been with him at the Windmill public-house, in the New Cut, drinking with him and several more—I came part of the way home with him, as far as Temple-bar—it was about twelve o'clock—he wanted me to go home with him to supper—I declined—I followed him up to his own house, after parting with him, as he had been drinking, to see that he went home—I went up the stairs after him—I heard a row up stairs in the back room—the young woman said to the man, "There are two or three women there; there is the swindling vagabond, who, when you were out of town, struck your mother"—he replied, "Did he do that? I will give it to him"—he rushed out of his room, rushed into Connor's room, came down stairs, and said to two women below, that there was murder up stairs, and I got out of the way.

MR. CURWOOD. Q. You did not see what passed up stairs? A. No.

LUTHER CARTER re-examined. I saw one dish on the table—there was a piece of meat and some potatoes in it—there were no knives on the table—I did not see the prisoner's wife remove them.


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