The Proceedings of the Old Bailey

 

818.   EDWARD GEORGE (28),   JEREMIAH SHANNON (24),   FREDERICK KINGWELL (25), and   JOSHUA MCCARTHY (22) , Feloniously wounding   James Fairweather, with intent to kill and murder him. Second Count—With intent to do grievous bodily harm.

MR. F. H. LEWIS

conducted the Prosecution; MR. MONTAGU WILLIAM appeared for George, MR. STRAIGHT for Shannon, MESSRS. COLLINS and WARNER SLEIGH for Kingwell, and MR. HORACE BROWN for McCarthy.

  JAMES FAIR WEATHER . I am a coachman—on 1st September last, I was a witness at Marlborough Street against the father of the prisoner George—the next day, at midday, I was passing down St. Martin's Lane, and met the prisoner George—I had some conversation with him as to what his passed on the previous day; it was a friendly conversation—I afterward went with him into a public-house, and tossed for tome beer—after that McCarthy and another man named Finch came in—they talked with George—they wanted to set a man named Brown on to me, for me to fight him—they wanted me and Brown to fight together—Brown was there—tab was sent for, and I got into it with George, McCarthy, and Finch—I did not know there was a second cab—we drove to Millfield Lane, Highsate—I then saw that another cab had been following us—I got out of the cab with George and the other two—I believe George paid for the cab—I saw persons get out of the other cab—George and the other two men led me into the field, arm-in-arm—they all came into the field—I was tripped up instantly I got into the field, in a second, by the two men and Georgethe two men did it, and as soon as I was down George kicked me in the head, and they all got knocking me about fearfully—then George stepped away, and said "Finish the sod, and throw the b—into the water"—then the man Brown came up with a great lump of dry earth, as I lay on the ground, and throwed it on the side of my face—Brown was one of the other that was in the other cab—I could not swear whether any of the other prisoners struck or kicked me—I can't swear to Shannon—I lost my senser, and do not recollect anything till I got to the police-station—I was persuaded to go in the cab—George said he was going out to be a little jolly—he said "Let us go out, and have a cup of tea somewhere in the country"—it was not for the purpose of fighting Brown; they wanted me to fight him, and I would not.

Cross-examined by MR. M. WILLIAMS. Q. What are you by trade? A. A coachman to Dr. Bell, of Wardour Street—unfortunately I have lost my place since this has happened—I don't know anything of Dr. Bell's businces,

only aa a coachman—I had not to post placards in urinals and places for him—I have been a witness; I was a witness in George's case—that was the only time—I know Mr. Raj, who is called Dr. Henry—I was never in his service—I know nothing about him—I believe he is a private gentleman—I don't know of his being tried at this Court for extorting money—I have been two or three years in Dr. Bell's employment—I did not say to George when I met him on this day "We have had your father, you b—, and now we will have you;" nothing of the sort—I was quite sober—Brown came into the public-house where George was—I did not say to George before I saw Brown "When you see Brown you can tell him that I will do for him"—I don't remember exactly what passed when Brown came in—I how they wanted to set Brown on to fight me in the public-house—I did not agree to fight—I put up my arms because Brown was coining at me—I did not spar—I did not challenge Brown to fight—I did not want to fight—I should think it was About an hour after that we got into the cab—I remained in the public-house during that hour; they were drinking—I was drinking scarcely anything myself—I had a glass of stout, I might have had two glasses—I don't know that I had more—I don't know what I had—I was in the public-house an hour before they set Brown on to me—I went in the cab with George, McCarthy, and Finch—I don't know Finch—it was a four-wheeled cab—I don't know who went in the other cab; I believe kingwell, Shannon, and two or three more that I have not seen; Brown was one—ours was the first cab, I think—we started to go into the country, I did not know where—George took me—they did not mention any part of the country—I did not go to fight; I did not know what we were going for, only to be jolly—George was to pay for the cab, I believe; he said so—he very strongly invited me out with him—I believe we drove right away to Highgate—I don't remember stopping anywhere on the road—I don't remember going into any public-house in Tottenham Court Road—I did not see the other cab following me—nothing was said as we went along in the cab, only laughing and jolly—I did not know exactly what place I was going to—I did not hear any direction given to the cabman—I did not know what we were going for—it was at the Prince Albert public-house that I first met George; I went into another public-house, nearly opposite; I don't know the name of it—I have since heard it was the Fishmonger's Aram—George and Kingwell and all of them followed me'in there—I remained there I should think half-an-hour—we had no words there, only they wanted to put Brown on to me there—George and I left there together, and got into the cab—we went there after leaving the Prince Albert—we went straight from the Fishmonger's Arms, in the cab—I had been in the Prince Albert before—nothing was said between us there—we were all on friendly terms there—there was nothing disagreeable there—the beginning of it was in the Fishmonger's Arms, when they wanted to put Brown on to me—George wanted me to fight Brown, I refused—I don't remember wanting to fight Brown, and Brown saying he did not want to get into any row—I did not strike Brown in the mouth—I did not say "Let me alone, I will kill him;"nothing of the kind—I did not say I must have it out with Brown, and I would have a cab called I don't remember stopping in Tottenham Court Road—I remember what took place when I was examined as a witness at Marlborough Street against George's father—I did not ask the prisoner to lend me some money to pay for the cab—I did not stop, and call for a quartern of

gin to rub my knuckles, to make them hard—I don't remember anything of the kind—when the cab stopped I did nut ask what we were going into the field for—I had not the slightest idea—I was led into the field.

Cross-examined by MR. COLLINS. Q. What age are you? A. About thirty-four or thirty-five—I do not remember Kingwell making use of any threats, or striking me at all.

Cross-examined by MR. H. BROWN. Q. Did you not say before the Magistrate" I can't say who struck me?" A. I beg your pardon, I have sworn to George kicking me on the head, and McCarthy knocking me about—I might say I was so knocked about that I did not recollect who did strike me or knock me about.

MR. LEWIS. Q. Have you suffered very severely in your head since this transaction? A. I have, and I am suffering now fearfully in my shoulder, and have a bad hand—I don't suppose I shall ever be the same man again—I am sure I have my witness to thank for my life.

  EUGENE AMBLER DELANCY . I reside at 10, Norfolk Square, Hyde Park—I am employed in the General Post Office—on 2nd September, about 5.53, I was in a field near the Seven Ponds, Highgate, on the Hampstead Heath side—I saw several persons on the opposite side of the pond—they got out of two cabe—I distinctly saw them get out—I should may there were eight or nine of them—the ground slopes there—they came about half way down the slope, and there seemed to be a general attack upon Fairweather—I saw him knocked down several times—I saw Kingwell strike him with a whip or stick on the head—he was kicked whilst on the ground—I recognize McCarthy as one who kicked him—he was kicked by several; but I can't identify them all—I was approaching them all the while—there is a path-way between the ponds—I saw the prosecutor being dragged towards the pond by two men—I can't recognize than among the prisoners—I had two ladies with me, and I could not render any real assistance—I should say they could see me coming towards them—whilst he was lying on the ground, by the side of the pond, they flung clay in his face, and then left him—I was side or seven yards from him at that time—I could hear the thuds—I saw the beginning of it—I should say there is no pretence for saying that the prosecutor was fighting with any-body—there seemed to be a general attack upon him.

Cross-examined by MR. M. WILLIAMS. Q. Did you see the cabs? A. I did, in the lane—I saw them drive up one behind the other, the men got out and got over the stile into the field—they had got a very little distance from the stile before this took place, it was close to the stile where they began, but they kept on gradually getting nearer the ponds—I was advancing all the while—I was not near enough to hear what was said—I should recognize the man that flung clay in the prosecutor's face, but he is not here.

COURT. Q. Do you recognize all the prisoners as being there? A. No, only Kingwell and McCarthy—I decline to swear to the others.

Cross-examined by MR. COLLINS. Q. How far were you away when they first came into the field? A. I might have been 100 yards from the lane—when the blow was struck with the stick I might have been thirty or forty yards off.

Cross-examined by MR. H. BROWN. Q. Who do you say was the principal? A. I do not recognize him amongst the prisoners—I can't swear to him—I did not shout out till I got clone enough to see the state the prosecutor was in

JURY. Q. Did you see them leave the man? A. Yes, two of them stayed longer than the others, I don't recognize those two.

  FREDERICK WATERHOUSE . I am a painter—on the 2nd September I was in Millfield Lane, Highgate—I saw two cabs drive up, and nine or ten persons get out of them—I recognize the prisoners as four of them—they all got over a stile, and McCarthy his the prosecutor and knocked him down, and a man they call Brown ran up and kicked him in the head—they then picked him up and took him over another stile into another field towards the pond; they threw him down there, and then they hit and kicked him—I could not tell exactly which ones did it, but most all of them did, by what I could see of it—while the prosecutor was on the ground he rolled over on his back, and then two men jumped on him—they then came away from him and he was left by the pond—the men got into the cabs and went away—Kingwell, Shannon, and another were left behind—I could not tell whether Shannon did anything; he did nothing before they got down to the pond; when they got there most all of them hit him—I did not see Shannon do anything—I don't indentify the two that jumped on him, I don't think they are here.

Cross-examined by MR. COLLINS. Q. It was a skirmish, was it not? A. Yes—I mean there was a lot of them all round; the prosecutor was not fighting—the stile is about ten yards from where he was first struck—when the first blow was struck Kingwell was getting over the stile from the lane.

Cross-examined by MR. H. BROWN. Q. Did you see Brown strike the prosecutort? A. He kicked him when he was down—I saw McCarthy pull Brown away when he did that—the three who were left behind followed after the others, behind the cabs, they did no more to him afterwards—they left him on the ground.

JURY. Q. Did you see Kingwell strike him? A. Yes, when he was down by the pond, with his fist.

  WILLIAM GALLOWAY . On the evening of 2nd September I was near the Highgate Ponds—I saw seven or eight men come down from the lane towards the ponds—I was at first about 200 yards off—I walked towards them; I thought at first they were larking—I saw one hit the other in the mouth and knock him down, and then a skirmish began—they beat him and pulled him down towards the pond—they kicked him—and one hit him with a riding whip—I was not near enough to indentify any of the men—I went for a policeman—I afterwards saw Fairweather—I could not find a policeman, and came back and met him at the corner of Millfield Lane, coming away, someone had got him by the arm—he was all over blood—he was bleeding from the mouth and all over the face, and smothered in blood—I believe they kicked him in the eye—he was the man I saw struck—I took him to a public-house.

Cross-examined by MR. COLLINS. Q. Did you ask Kingwell to give you the number of the cab? A. No, nor did be give it me; I did not take the number.

JURY. Q. Did the prosecutor appear to be drunk or sober? A. I don't think he was drunk, he was in such a state, from being knocked about, you could hardly tell whether he was drunk or sober.

  WILLIAM HENRY HARRIS . I am a surgeon—on the 3rd September I was called to see the prosecutor at his own residence—I found him in a very exhausted and low state, and I may say mutilated—he had been previously seen by a medical man, and had his wounds dressed—he could not put out

his tongue—there were two or three contused lacerated wounds on hishead, I should imagine they had been caused by a stick or whip handle, which had struck him first on the forehead and then on the temple above the ear, some matter was coming from the wound on the forehead—he could not open his eyes at all—his arm was bruised, his upper lip cut and contused—he had suffered from concussion of the brain—he was scarcely conscious—I have attended him ever since—his memory is impaired, and it will be for some little time before he recovers it—he was in a very dangerous state when I first saw him, I thought he would not live more than twenty-four hours; his deposition was taken by my advice—he was in great pain, and occasionally delirious.

Cross-examined by MR. M. WILLIAMS. Q. In your opinion if his memory was impaired at all, would it not be impaired on all matters, and not in any particular? A. There are some lucid moments in such cases—he might give some evidence and forget it—I should not think it likely that he would forget whether he went out to fight or not, or whether he stopped at a public-house and rubbed his knuckles with gin.

Cross-examined by MR. H. BROWN. Q. Do you think that the dull listless way in which he gave his evidence to-day is due to his memory being impaired? A. Yes.

MR. LEWIS. Q. Where the memory is impaired are sometimes whole sets of facts blotted out? A. Yes, regularly blotted out.

  WILLIAM RAWLINGS . I am a surgeon, of 41, Highgate Road—I was called to the station to see the prosecutor, about 7 o'clock in the evening of the 2nd September—he was fearfully cut and bruised about the face and body generally, there was one on the head in front, several on his face, one of his eyes was closed, his lip was cut through, his chin cut, and his arm bruised; they were contused wounds.

  MORRIS WHITE . I am a cab driver—on the 2nd September I was hired by Kingwell to go up to the Highgate Ponds, three or four got into my cab—I was first ordered to go to Tottenham Court Road, and another cab was called—I followed the other cab, we stopped at the Bull's Head in Tottenham Court Road, and then went on to Highgate—I carried Kingwell in my cab—I recognize the other prisoners as having been either in my cab or the other—they got out and went over a hill, and I lost sight of them—some of them afterwards came back and some stopped behind—they told me to stop for them when they got there—George paid for the cab—I did not sea who paid the other cabman—as we went back we pulled up at the King's Head at the corner of Tottenham Court Road, and from there drove to the Prince Albert—George paid me 3s.—I don't know what became of the other cab—both cabs came back, I followed the other cab to the Prince Albert—the other prisoners came back in it—George was not in my cab going or returning, but he paid me.

Cross-examined by MR. M. WILLIAMS. Q. You say you stopped at the Bull's Head in going, did the prisoners go in there? A. Yes, some, and some stopped in the cab, they were in there two or three minutes—the prosecutor was not in my cab—the other cabman is not here, I believe—I followed the other cab all the way—I did not notice exactly who was inside my cab, Kingwell was outside with me—I can't remember anyone else, for I did not get off my box—they opened the door and shut it themselves.

Cross-examined by MR. STRAIGHT. Q. Do you know whether Shannon was in your cab? A. No, I don't remember—I noticed him with an Alpine

hat and a feather in it; I don't remember that he was very sick—I and the other cabman were standing be our horses' heads talking while this was going on—I don't believe Shannon rode back with me to Tottenham Court Road—I saw him at the King's Head after they came back, that is close upon three miles from Millfield Lane.

Cross-examined by MR. COLLINS. Q. How was Kingwell dressed? A. I believe in a light coat—I did not notice his hat—he sat outside my cab, going—he did not return with me—I did not see anybody remain behind when the men went into the field.

  JOHN DALTON . I am a detective—I took George into custody—I took him to the prosecutor's house, and showed him to him in the presence of others—he identified him as being the principal man in the assault, and said "This is the man that said 'Do for the b—, and throw him into the pond'"—he made no answer—on the 5th I took Shannon into custody—he said he was there, but never got out of the cab all the time—I took Kingwell; he said he knew nothing about it—McCarthy was taken in my presence; he said he knew nothing about it.

  MORRIS WHITE (re-examined.) No person was left in my cab—the cabs remained in the lane five or six minutes before they came back—I could not see whether anyone remained in the other cab—I did not go near it—I was standing by my horse's head, and the other cabman came towards me, and we were talking together—I am sure no one remained in my cab.

Witnesset for the Defence.

  DANIEL CONNOR . I get my living by taking horses away for gentlemen to different parts, an odd man—I went with the prisoner Kingwell in the cab to the Fishmonger's Arms, in West Street—I there saw the prosecutor, the four prisoners, Brown, and a man named Finch, drinking together, and tossing for some stout—Brown and the prosecutor had a quarrel—the prosecutor struck Brown, and knocked him down—they proposed to go and fight in the fields—two cabs were fetched—Kingwell rode outside, and four of each party rode inside—I can't say which was in which cab—there were eight or nine altogether; I was one of them—I did not go in the same cab as Kingwell—the prosecutor was in the behind cab, not the one I was in; the other one, the one Kingwell rode on—when Brown was knocked down by the prosecutor, Kingwell took no part in it; he did not do anything—both cabs stopped in Tottenham Court Road—I saw the prosecutor in the public-house there, and he rubbed his knuckles with gin and water—I don't know for what purpose—we then went on to Highgate, and stopped up a lane there—they all got out of the cabs—I got off the cab—they went into the field—I was at the gate—I was standing against the stile of the gate, talking to the cabman—I was in the field—we all went into the field—Finch knocked the prosecutor down first, and they all attacked him—I could not see which was striking him—they rolled him over—I thought they were only larking—I did not see Fairweather touch him—I can't say whether he did or not—I was talking to the cabman, and to a lady who was there—Kingwell came hack to me, I should think in five or six minutes afterwards, from where the others were, and three of us came home on the bus—he paid for me—there was Kingwell, me, and another young man, a perfect stranger to me—the cabs went away—when Kingwell came back to me he said "Come home; I thought I should see a fair stand up fight," and we left immediately—that was after it happened, after I saw the prosecutor

rolled over—there was no room for me in the cab—they galloped away—I said I would not go, and Kingwell said the same.

Cross-examined by MR. LEWIS. Q. How came you at this public-house that day? A. I was sent for a horse from Aldridge's, in St. Martin's Lane—I have been employed there—I was employed that day by Kingwell, to fetch a horse from Euston Square, and I and Kingwell went down in the cab—I knew all these men by sight—I can't say which cab Shannon rode in—I was over the stile, talking to a lady there—every one of the others went into the field—I can't say which went last—I did not see in which cab Brown was—I did not know Brown—I went with Kingwell to get my pay for what I had done—Kingwell told me to come—he said "Come up, and see this 'ere"—he enticed me there—I did not lose sight of Kingwell—I did not keep him in light in the field the whole time—I saw Finch knock the prosecutor down—they held him at the back of the hedge, and I said to the cabman "This is not fair play"—I was not at the Police Court—Mr. Kingwell served me with a subpœna yesterday morning.

  THOMAS JACKSON . I live at 38, Charles Street, Clare Market—about 2 o'clock on Friday, 2nd September, I was passing by the Prince Albert, and saw the prosecutor there, whom I knew, and a man named Brown, out-side, having high words with one another—Jim Brown said that Fair-weather owed him 4s. 6d.—I said "Well, you had better settle it, and pay"—Fairweather said "No, I will fight him for it; we will go to High-gate, and have it settled"—I said "I shall have nothing to do with it," and I went away to my work—Fairweather said he was going to Highgate to fight Jim Brown—I saw Brown afterwards, in the evening, in Castle Street, Leicester Square, and he had a cut on his lip, and a cut on his forehead; his coat was torn very nearly off his back—I had a conversation with him about his appearance—he had no hat or handkerchief.

Cross-examined by MR. LEWIS. Q. What time was this? A. Between 6 and 7 o'clock—I have not seen Brown here to-day—I don't know where he lives—I know him as a plasterer—I have not seen him since.

  JAMES ALEXANDER POULDEN . I am a fishing-tackle maker, of Castle Street, Leicester Square—on Friday, 2nd September, about 1 o'clock in the afternoon, I saw Fairweather standing at a lamp-post opposite my shop, talking to Brown—they were larking together, and then Brown asked Fairweather for 4s. 6d., and Fairweather said he would fight him for it, and they went up the street.

Cross-examined by MR. LEWIS. Q. Have you seen Brown since? A. No—I don't know where he lives.

  LEVI GEORGE BARTER . I keep the Bull's Head, Tottenham Court Road—on 2nd September, about 5 or 6 o'clock in the evening, two cabs drove up to my house, and someone came in—I could not tell the number—they had some beer; two quarts, I believe—the prosecutor was one of the men—I don't recollect that he asked for anything—I believe there was two of gin called for, and taken out to the cab outside—one of them asked me for a lemon—I don't know which, I was rather busy at the time—I could net swear it was the prosecutor—I refused giving: them the lemon, becausa I had not one—I heard them talking together—I could not hear distinctly what they said.

  THOMAS OUSTIC . I am a plumber and glazier, of Panton Street, Hay-market—I was passing down Millfield Lane, on my way from Highgate, and saw a party of people in the field—I thought they were larking—I saw

George and Kingwell standing looking on at the others—they were a few yards off—they were pushing one another about—as far as I saw, George took no part in the proceeding.

Cross-examined by MR. LEWIS. Q. I don't understand exactly what you first saw? A. I saw seven or eight persons in the field—I saw a cab—I did not see the persons walk over into the field—they were in the field when I first saw them—I came away, thinking it was a lark—I only noticed one cab, I did not notice anyone in it.

  GEORGE PARR . On 2nd September I was at the Fishmonger's Arms, in West Street—the prisoners and prosecutor were there—they only came in and had something to drink, and had a little conversation together, which I took no notice of—they were all drinking together, and quite friendly.

  WILLIAM GREAVES . I assist my father, who keeps the Fishmonger's Arms—I saw the prisoners and prosecutor there on this day, drinking together—they were not drunk—I saw McCarthy and another one not in custody knock the prosecutor down, and they set on him—I thought they were larking—they had something to drink afterwards.

Cross-examined by MR. COLLINS. Q. When the prosecutor was knocked down, did you see Kingwell interfere? A. I did not—there was some quarrelling going on; but I did not pay particular attention to it—I heard nothing about fighting.

SHANNON, GEORGE and KINGWELL received good characters.

GUILTY on Second Count. GEORGE and McCARTHY**— Five Years' Penal Servitude. SHANNON and KINGWELL— Eighteen Months Imprisonment.