The Proceedings of the Old Bailey

 

325.   JAMES BROWN (41), and   JAMES FINCH (25) , Feloniously cutting and wounding   James Fairweather, with intent to murder him. Second Count—To do him grievous bodily harm.

MR. LEWIS conducted the Prosecution; and MR. MONTAGU WILLIAMS

defended Finch.

  JAMES FAIRWEATHER . I was a coachman, but am now out of place—on

1st September I was a witness, at Marlborough Street, against a man named George—I met George, the day after, in St. Martin's Lane, and we went to a public-house there, where we found Shannon, Kingwell, M'Carthy, and the two prisoners—I went in a cab, with George, to High-gate, and the others followed, in a second cab—when we got to Millfield Lane, I was led out of the cab by Finch, who knocked me down, kicked me in the side, and knocked me about with a riding-whip, which he took from me—Brown dashed lumps of dry earth on my face, as I lay there, and I was left on the field—I was examined afterwards by a medical man, and gave evidence against the other men, who have been convicted. (See Sessions Paper, October, 1870, page 618). I feel the effects of it now, at times, and my memory fails me very much.

Cross-examined. I was sober—Finch and M'Carthy caught hold of each arm, and led me out of the cab—I did not appeal to the cabman.

COURT. Q. What induced you to go into the cab? A. I was seduced away by George, to have some tea, and be jolly for an hour or two.

Brown. Q. Do you recollect treating me? A. I did nothing of the kind—we went to a second public-house, but I did not treat you there—we did not fall out there, but I believe some of the other men wanted to set you on to me—my motive in going into the cab was not to fight you—I did not agree to pay for one cab, if George would pay for the other—I did not pick out two men to second me—you were not in the same employ with me, as coachman, at 102, Wardour Street.

Q. I can prove you to be a bill-sticker; your master is the celebrated Dr. Henry, and he has put you on to do this; I have worked with you since 1868? A. I do not know it.

  MORRIS WHITE . I am a cabman—on 2nd September, about 1 o'clock, I was hired in St. Martin's Lane, and took the prosecutor, and some men, to Millfield Lane, Highgate—I took Brown—I am sure of him—they got out at Millfield Lane—there was a second cab, taking some other people, who got out, too—they got larking, as I thought, and got out of my sight—they were away six or seven minutes, and some of them came back; but the prosecutor did not come back.

Cross-examined. I did not see the prosecutor get out of the cab—he was not in my cab—the driver of the other cab is not here—mine was the second cab.

Brown. Q. When we stopped at the "Bull's Head," Tottenham Court Road; did Anybody tell you to keep me in the cab, because I was to fight this man? A. I did not hear of it—the prosecutor did not go into a public-house, and call for some whiskey, or gin, and come outside, washing his hands with it.

  EUGENE AMBLER DELANT . I live at Norfolk Square, Hyde Park, and am in the General Post Office—on 2nd September, I was on the Hampstead Heath side of the Seven Ponds' Field, and saw two cabs come up to the lower stile, Millfield Lane—eight or nine men got out, and went into a field, and there seemed to be a general assault on one man, who I afterwards discovered to be Fairweather—I saw him out about the head with a stick, knocked down, and dragged to the second pond, where Brown flung clay, or mud, in his face—I was within a few yards of them—the lumps of earth were hard, dry clay, on the slope of the pond—his face was covered with blood, and he seemed quite insensible, when they left him lying there—he was taken by two men to the "Duke of St. Albans'," where

they sponged him—I could not interfere, I had two ladies with me, and there were eight or nine great ruffians; but I saw him to the public-house.

CBOOME (Policeman). On the 20th February I took the prosecutor to Manchester, where he identified Browo from twenty others—I read the warrant to him—he said "Yes, I know I did it; I deserve all I get. I should not have done it if it had not been for others"—he said that several times, on the way to London in the train.

PARTRIDGE (Policeman). I saw Finch at Southwark Police Court, on 11th March, and took him to Kentish Town Station—I told him I had seen the warrant for his apprehension for assaulting a man named Fairweather—he said "All right, I will go quietly."

  WILLIAM RAWLINGS, M.D . On 2nd September I was called to the police-station, and found Fairweather semi-conscious, and very much cut about the face and head; both his eyes were closed, and his left arm was injured—the injuries were caused by blunt instruments, or by kicks—he was in a very dangerous condition—he was handed over to Mr. Harris.

  WILLIAM HENRY HARRIS . I received Fairweather into my care from Mr. Rawlings, and attended him six weeks or two months—he remained unconscious six or eight days, and after that he could scarcely articulate—I considered his life in danger for some time, after he recovered consciousness.

Brown's Defence. The prosecutor has a spite against me, because when I was in the same employ as himself (Dr. Bell's) I would not stick up bills in the City for him, and I was discharged. I have had several altercations with Dr. Henry with regard to 7s. 6d. which he owes me. Dr. Bell never had a coachman; where would he get a coach? He only has a trap, in which he goes out looking after the bill posters in the urinals; through these altercations it was determined that I was to fight Fairweather, that is the truth.

GUILTY on the Second Count,

BROWN*— Eighteen Months' Imprisonment.

FINCH**— Two Years' Imprisonment.