11th May 1846
Reference Numbert18460511-1183
VerdictGuilty > lesser offence

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1183. JAMES HAMILTON was indicted for feloniously stabbing and wounding Thomas Bolger, with intent to disable or do him grievous bodily harm.

JOHN COUSINS . I am master of the schooner Maria, which laid at Horsley-down. The prisoner was an apprentice on board—on the 23rd of March Bolger, the mate came into the cabin, with blood running down his side—he had a eut about an inch long, which might have been done with a knife—the prisoner always behaved very well indeed—I never knew him do anything wrong before—he had been four years with me, and bore a very good character.

JOHN MURPHY . I belong to the Maria. I was present on this morning, and heard the mate call to the prisoner to go for a strap—he said he would not go, and told the other boy to go—the mate said he would make him go—he took a rope and gave him three cuts with it—the mate ran and took hold of the collar of his waistcoat—I cannot say whether he stabbed him designedly or not—I saw a knife in his hand, and saw blood come from the mate, who was wounded—I did not see him stabbed, but saw the wound in his side after he and the prisoner had closed—I did not see the wound given—I signed this deposition.

COURT (reading.) Q. You say here, "I saw it given; it was with the knife?" A. I did not see it given—this is the knife.

THOMAS BOLOER . I am mate of the Maria. I came on deck about eight o'clock in the morning, and told the prisoner to go down below and bring up a strap—he would not go, but sent the other boy—I told him he should go—he said he should not go—I took up a bit of rope and struck him on his back—he said if I did that again he would put the knife into me, I did it again, and he did put it into me—I bled a great deal—I had done nothing but strike him with the rope—the knife was used to scrape the mast—he had it in his hand at the time I told him to go down.

JOSEPH COOPER FORSTER . I am house-surgeon of St. George's Hospital. The prosecutor was brought there, and had an incised wound in the left side of the abdomen—such wounds are generally dangerous, but it proved more harmless than I at first considered it—I should say it was done with this knife.

JAMES EVANS . The prisoner was given into my charge—he cried very much, but said nothing.

Prisoner's Defence. I went to tell the boy to go for the strap; he took up the rope and cut me right across the thigh, and collared me.

GUILTY of Assault. Aged 18.— Confined Three Months.

Before Edward Bullock, Esq.

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