7th April 1862
Reference Numbert18620407-467
VerdictGuilty > lesser offence

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467. JOHN RODWAY (40), Feloniously wounding William Hilton, with intent to murder.Second Count, with intent to do grievous bodily harm.

MR. LLOYD conducted the Prosecution.

GEORGE BIGGS . I am ostler at the Milford Arms, Spring-grove, Heston—on 24th March, the prisoner and prosecutor were there, in the room where the bagatelle table is—it was between 1 and 2 in the day—I and Hilton, Martin, Wilson, the prisoner, and two or three others, were all playing bagatelle, until a dispute arose about the payment of some beer, which was settled without any violence—the dispute was amongst all that were in the room—we went on playing and joking—the prisoner and Hilton played a game single-handed—Hilton won, and the prisoner refused to pay—they played for a pint of beer—the prisoner called Hilton bad names—that passed off with joking, no blows—Hilton was joking the prisoner, and he took offence at it and threatened to pull his moustache off—after some time the prisoner vent away—he returned in about 10 minutes—Martin and Hilton played a game—the prisoner bet threepence that Martin would win—Hilton won, and then the prisoner refused to pay; they called each other bad names until the prisoner struck Hilton in the face with his fist—Hilton instantly returned it—they had a scramble in the parlour and both fell, Hilton at the bottom, and the prisoner kept hitting him when he was down—I took bold

of Hilton and Wilson took hold of the prisoner, and we ported them; there was blood drawn on both sides in the parlour—the prisoner went out of the bar and asked for his cap—Hilton said he had not got his cap, but if he would come outside he would give him a good hiding, or he should him—they went outside and Hilton began fighting first, before the prisoner was hardly outside; they had hold of each other; it lasted about two minutes—the prisoner walked away; he muttered something—I do not know what he said—I did not see him again until he was taken into custody—I did not see him doing anything to Hilton mote than striking him—immediately after the prisoner had gone away I saw blood running down Hilton's jacket, behind, from his head—Wilson and Martin went with him to the surgeon's.

Cross-examined by MR. SHARPE. Q. What hour was it that the prisoner was first there? A. I should say between 1 and 2—Hilton was there when the prisoner was first there—the prisoner continued there from between 1 and 2 until past 6, except when he went away—during all that time he was playing bagatelle or looking on—we were all having sunday pots of beer during this time; not a great many, five, six, or seven—I did not see that then was anything the matter with tke prisoner—I don't think I was any the worse for liquor; I might have been slightly affected, the same as the rest; the others might have been more affected than me, I being used to the house and the beer too—there were four disputes altogether; the prisoner disputed that he owed the money, he wanted to say that he was cheated out of it—when I saw them fighting, it was with his fist that I sow the prisoner striking Hilton—I did not see anything used—they had their fingers clenched as if they were boxing—I did not see the prisoner with any knife in his possession—they did not tumble down outside the house; they did in the parlour—there were about a dozen or eighteen people looking on—I don't suppose there were twenty—there might have been from twelve to twenty; I can't say exactly, some did not stop; they merely were passing at the time—during the fight they had hold of each other—no one got nigh them while they were fighting; there was no ring—we were standing along by the door—we did not interfere—there were a few new gravel stones in front of the house—there was two or three minutes between the first fight inside and the second fight outside; it was during that two or three minutes that the prisoner went to the bar to ask for his cap—Hilton did not take hold of the prisoner then—I swear that—he began fighting first—I did not see him lay hold of the prisoner and drag him outside the house—I can't say he did not do it—I was away now and then—I was there from the time the cap was asked for until the last fight ceased—the prisoner was not dragged out of the house by Hilton during that time—Hilton struck the prisoner at the door as he was going out—Hilton struck the first blow.

WILLIAM HILTON . I am painter—on 24th March I was at the Milford Arms about a quarter-past 1 o'clock—there were several disputes about the payment of the beer and bets—I had rather a serious dispute with the prisoner about ten minutes to 6, before he went out; he wished me to stop till he came back—I did so, and then we commenced another game—he brought in a bunch of violets in his hand—he passed them round the room and observed how nice they smelt—I asked him if he would give me a few and he gave me them all—we commenced another game of bagatelle, and another dispute arose, and as I was standing against the bagatelle board the prisoner up with his right fist and struck me in tht face—he danced round me as if he was geing to hit me again, and I was obliged to hit him again—we

had a scuffle—he got me down on the floor, and struck me several times—the waiter picked him off me, and I went and spoke to the landlord—while I was talking to him the prisoner came and accused me of taking his cap—I told him several times that I had not got it—then as soon as we got outside he took hold of me and clung round me, and it seemed to me as if he was scratching me down the back—I did not feel him stab me at all—I had on a white jacket, two waistcoats, and my shirt—he then let go of me and walked away, muttering something which I could not hear—Martin came up to me and said "You are stabbed"—he took me into the parlour and I found that my head was laid open, and the blood was streaming down me—my head was not in that condition when I was talking to the landlord—Martin took me to a chemist's shop, and then to Mr. Chapman, the surgeon, who attended to me—the constable has the clothes which I had on.

Cross-examined. Q. You were nearly fire hours at this place, were you not? A. Yes; from about half-past 1 to half-past 6—I was not under the influence of liquor towards the end of the evening—I was perfectly sober at half-past 6—I did not take notice how many pots of beer we had—that is not because there were so many—there might have been five or six,; not fifteen—I do not think there were ten—I do not think there were, more than five or six—when the prisoner walked round me, the landlord said, "We will not have any more quarrelling here"—I thought then that he was going to strike me again—he came close up to me, but he did not strike at me then—I do not know that I said, "Come outside, and I will give you a good hiding or else you shall give me one"—I do not before I did—I might have said it—I don't remember exactly what I did say—when he accused me of taking his cap, I told him I had not got it—I did not, either in the passage or the bar, or any where in the house, catch hold of the priaoner by the coat or collar and pull him or try to pull him outside—I swear I did not do any such thing—I do not remember striking him when we were both going out of the house in the first instance—I might have done so—I do not know exactly whether I struck him or he struck me—I do not know how many persons there were round at the time of the row—I should think there were about twenty—I never saw the prisoner before that day—I did not see a knife in his possession from half-past 1 till the time he left.

JOHN MARTIN . I am a carpenter—I was at the Milford Arms, on 24th March—a quarrel took place between the prisoner and Hilton just before the prisoner went out—they had some word—the prisoner went out and came back, and there was a struggle between him and the prosecutor—the prisoner struck Hilton on the mouth—there were some blows struck, and they fell on the chair, and Wilson parted them, and the prisoner went outside—he came back; the prosecutor was then standing at the bar—I heard the prisoner ask for his cap—Hilton then went outside and the prisoner after him, and there were a few blows struck on both sides—it was not more than about two minutes—I saw some blood running from Hilton's neck, and he came inside—the prisoner muttered some words and went home—I told Hilton I thought he had been hit or cut with a stone—I do not know which word I used—I went with him to the chemist's—the blood was running down his head.

COURT. Q. Did you see him fall near any stones? A. They did not fall at all—I thought the prisoner had struck him with a stone.

Cross-examinted. Q. During the whole of the time they were outside fighting, had you your eyes on them? A. Well, I was standing at the door all the time—I am quite certain they did not fall at all—I was one of the parties who had been drinking the beer—I had been then all the afternoon

—I don't know why I said, "You have been hit, or cut with a stone;" but it struck me at the moment that be had been hit with a stone.

GEORGE WILSON . I am a gardener—on 24th March I was at the Milford Arms, and saw a fight in the bagatelle-room between the prisoner and Hilton—I did not hear the previous disputes—the prisoner struck the prosecutor flrst, and they both fell to the ground—I took the prisoner off the prosecutor, and the prosecutor went outside—he came back to the bar again—the prisoner went out of the parlour to the bar, and asked him for his cap—the prosecutor said he had not got it, and also said, "If you come outside, I will give you a good hiding, or else you shall me"—the prosecutor struck at him as he was coming out, and then the prisoner got hold of him—I think the prosecutor struck first outside—they got hold of one another, but I cannot say they were hitting one another—at the end, the prisoner went away—I noticed blood flowing from the prosecutor's head—I did not hear any remark made by Martin at the time—I assisted in taking the prosecutor to the surgeon's.

Cross-examined. Q. When they went out for the second fight, did not Hilton lay hold of the prisoner, and drag him out of the house? A. No; nor pull him out—he did not catch hold of him—he struck at him, and drew back into the road, and another man ran into him.

MR. SHARPE to GEORGE BIGGS. Q. On the second occasion when they went out to fight, did not Hilton pull the prisoner out, and did not they then strike one another? A. No; he did not pull him out—I swear that—I did not state befere the Magistrate that he pulled him out.

JOESPH CHAPMAN . I am a surgeon, residing at Hounslow—Hilton was brought to my surgery on 24th March, in a very feeble state, bleeding front a clean cut wound, about an inch long, at the back of the head—I could not say exactly whether that had been inflicted with a knife, or what—it might have been cut by the edge of anything else—there were two punctured wounds on the buttock, one of them an inch long, and an inch deep—they must have been inflicted by some instrument forced into him; some pooket-knife I should think—a stone could not do it—there were also two punctured wouuds on the back of the neck, and a wound and one or two scratches on the arm—the wounds on the neck were the same kind as those on the buttock, and inflicted by the same sort of instrument—I think the scratches might have been inflicted with the same sort of instrument, only with the edge turned—there were six wounds in all, and two scratches—the wounds were not in the position of any important artery, and therefore were not serious—if inflicted in the front of the person, in the neighbourhood of any important artery, they would have been serious.

Cross-examined. Q. I suppose if it had gone in an inch in the artery in front of the neck, it would have been serious? A. Yes—a flint stone with a very sharp edge would not inflict those wounds on the buttock—I know a sharp stone will inflict a wound—it would not make a clean out through corduroy trousers—I have heard of a man's leg being out by a fall on a stone without its cutting his trousers at all—a sharp stone could not inflict such a clean cut wound as these, through the dress—I never saw a nail so sharp as to inflict such wounds—a nail with a very sharp point would not inflict such a wound—one of those on the buttook was an inch long—those in the neck were not above half an inch, and a quarter of an inch deep, I suppose—they had penetrated through the skin—falling on a sharp instrument would not produce all of those wounds—it might one—a spike might produce one.

COURT. Q. It would not produce six wounds? A. No.

CHARLES BLAKE (Police-sergeant, T 34). I took the prisoner into custody at his lodgings, on the 24th, between 8 and 9 o'clock in the evening—he was in bed, and appeared to be asleep when I went—I tried the door; it was locked; and I got in at the window and searched the house—I shook him up, and told him I wanted him—he said, "What for?" I said, "I want you for stabbing Hilon;" he said, "I know nothing about it;" and I then observed blood between the fingers of the right hand—these clothes (produced) were on Hilton when I saw him at the surgery—I have had them since.

Cross-examined. Q. I think you searched the house for a knife? A. I did; but did not find one—this was about three-quarters of an hour after the matter occurred.

GUILTY of unlawfully wounding. — Confined Nine Month

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