13th December 1852
Reference Numbert18521213-96
VerdictGuilty > lesser offence

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96. MICHAEL MULLINS , feloniously cutting and wounding Timothy Harty, with intent to do him some grievous bodily harm.

MR. CLARKSON conducted the Prosecution.

THOMAS HARTY . I worked at Temple Fortune-farm at the time I went before the Magistrate; it is between Hampstead and Hendon—I know the prisoner, he worked on that farm for about three weeks; we slept in a loft in the cow shed—I have a brother named Timothy, he worked there also—on 19th Sept. about 12 o'clock, seven or nine men were in the cow shed—we sat down near the milk pails together—there was some irritable language used by some of the men, upon which the prisoner stood up and made use of an expression that I cannot remember—I said to the prisoner, "Do not interfere, my boy, we are all friends"—after the words had terminated and I was going to bed I called my brother to me—the parties were standing by the milk pails, and I saw the prisoner strike my brother on the back part of the neck with a reaping hook—it was candlelight—after he had struck my brother, he ran in the direction in which I was, to get into the cow shed; I laid hold of him, and said, "You have struck my brother;" he made no answer—I should say he was not drunk, he had had some drink—I then saw my brother kneel down on one knee, and say he was murdered—I called a man named Bird from the cow-shed to hold the prisoner while I went to my brother; I sent for a doctor, who ordered my brother to the hospital.

Cross-examined by MR. PAYNE. Q. Had you all been drinking? A. I cannot say; I had, and so had my brother—there was only one candle; at one time it was laid on the shelf where the milk pails rest, and at other times it was taken round by some of the women—the irritable language had gone on ten minutes or a quarter of an hour—the prisoner might be kneeling on

one of the pails—I did not see the hook till my brother got the wound—I did not see my brother go towards the prisoner and kick him in the private parts—I was four or five yards off at the time he received the blow—no persons were between me and them—my brother was close to the prisoner at the time the wound was given—the words arose through a man named Hannin, who was more in liquor than the rest, striking the beer and spilling some of it; and one of the men said, "You shall not spill the beer," or something to that effect—the beer belonged to the parties, they had half a gallon of beer, and paid equally—I have known the prisoner three weeks; I did not know him in Ireland—I came from Waterford, and he tells me he belongs to the province of Connaught.

MR. CLARKSON. Q. You challenged the prisoner with having struck your brother and he said nothing? A. Yes; he did not say he did it in his own defence—there was no cursing or swearing about spilling the beer.

WILLIAM HARE (policeman, S 78.) About a quarter to 12 o'clock, on 20th Sept., I was at Lower North-end, Hampstead, and heard somebody running on the path; I stood still till the person came up; I then stepped into the road, and turned my light on him; it was the prisoner; he had no coat or hat on—he said, "Policeman! I give myself up to you"—I asked him what he had done; he said he had cut a man in the neck with a reaping hook, and began crying—he said he had done it to protect his own life—I saw spots of blood on his shirt—I took him to the station.

Cross-examined. Q. Was not what he said, if he had not struck the man in his own defence, he should have been murdered? A. No; he said it was to protect his own life—he did not use the word "murdered" that I recollect.

COURT. Q. In your deposition you say, "He said he should be murdered?" A. Well, he was crying very much; I could scarcely understand what he did say; when he saw me he commenced crying—I am sure he said he did it to protect his own life.

NANTON WALTON (policeman, S 232). I was on duty near Temple Fortune farm, about 1 o'clock on this morning, and heard loudish talk in the cow shed—I went there and found a man bleeding very much; he was taken to the hospital—I found this reaping hook (produced); there is blood and some small hair on the front of it.

TIMOTHY HARTY I live at 147, Rosemary-lane—last Sept. I worked three weeks at Temple Fortune farm, and slept in a loft in the cow shed—my brother Thomas worked there also and the prisoner—the prisoner slept in the same loft as I did on this night—I had been to a beer shop before I went to the shed; the prisoner was there with me, and a smith—the prisoner wanted to get into a row with the smith; I wanted to prevent it—we had some drink there—we all went home together from the beer shop, and had a little more beer—I do not know whether we began with one gallon or two—there was a milkman among the party; he was a little noisy; he would have had a difference with somebody if he could have got anybody to differ with him—the milk cans were in the shed; I had not quarrelled with the prisoner that night—a lot of them were going to and fro in the shed, and the milkman was among them; I was standing looking on—I had not affronted him, he came and irritated me; but whether I hit him, I cannot say—I cannot recollect his words, but I can swear I would not have raised my hand or my leg if he had not irritated me; but whether I touched him or not I cannot say—I did nothing with violence to him, I just raised my foot to him, and he just drew back—he then retired from there, and some of them went

to bed, and some were smoking their pipes—the prisoner did not in my hearing complain that I had done him any injury, or kicked him in the private parts—about five or seven minutes after my raising my foot I was in the act of turning to get into the barn, and the prisoner gave me a stroke in the neck with a book—he said nothing when he struck me—I called out to my brother, who was close by—I picked up the hook and examined it—I had no handkerchief round my neck, and no jacket on—I was taken to the Hospital.

Cross-examined. Q. This happened in the cow shed? A. In the milk shed—there were a lot of men and women there, fourteen or fifteen I should think—the candle was in the barn which is attached to the milk shed—the milkman has a place over the barn, and the candle in his window cast a light into the barn—I do not know whether my foot touched the prisoner or not—I was not drunk; I had taken a little drop of beer.

CLARKSON. Q. Did you strike him any blow on the head? A. Never; I gave him no provocation more than I have stated—I did not try to make him fight with me; on the contrary, I counselled him—I only kicked at him, for the use of some nasty language against me when I was advising him not to interfere—I did not see him put his bands to any part of his person—I was in the Hospital eleven weeks, up to Tuesday last; I am not able to work yet.

WILLIAM HENRY REEVE . I am house surgeon at the Middlesex Hospital. Timothy Harty was brought there early on 20th Sept.; he bad an incised wound on the neck five inches long, and an inch and a half deep, extending from behind to a little below the ear—it was a very severe wound, and was dangerous; his clothes were saturated with blood—several of the principal muscles and one or two arteries were wounded; he was much exhausted—I think the injury will partially impede the action of bis neck, as it has caused a contraction of the muscles, and they are not elastic as they originally were—he remained in a precarious state two or three weeks—the instrument went to the bone—this reaping hook would be likely to produce such an injury—I saw blood and hair on it at the police court—the man was sober when he was brought to the Hospital; that might be the effect of the wound—I saw him first between 2 and 3 o'clock—the wound is perfectly healed, but he is in a state of considerable debility, and must be for some time.

GUILTY of unlawfully Wounding. Aged 19.— Confined Three Months.

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