20th October 1879
Reference Numbert18791020-905
VerdictGuilty > lesser offence

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905. HERBERT BOOTH (35) , Robbery on William Henry Margerum Fenn, and stealing from his person a bag containing 4l. 5s., his money.

MR. CRAWFORD Prosecuted.

WILLIAM HENRY MARGERUM FENN . I am a refreshment contractor, at 14, Church Street, Pimlico—I have business at Lillie Bridge Grounds, Filham—on 29th September I was going along the grounds, and in my left-hand jacket pocket was a 5l. bag of silver, from which I had just paid 15s.—I had to pass through a crowd, and got hustled, and was set upon by Booth, who struck me about my head and face with his fist—I had not had words with any one—there were eight or ten others—when I got away from them I felt in my pocket for my handkerchief and the bag of silver was gone—Squire took him in custody, and said "Leave him to me; get away."

Cross-examined by the Prisoner. I accused you of the assault, but not of the theft—I did not strike you—I did not accuse you of stealing a betting ticket out of my hand—I did not draw 50s. of a bookmaker for the ticket—you hit me—I had no communication with you previously—I did not see the constable rush through the crowd and strike you with a stick and take hold of your collar—I did not follow to the station till about 7—the match was over, and I was passing through the crowd where you and your friends were.

Re-examined. There is no truth in the statement about my having a betting ticket—I am a contractor on the grounds, and have a number of men there.

CHARLES SQUIRE (Policeman T 191). I was on the grounds on 29th September, and saw Mr. Fenn with some men round him—I saw Booth

strike him on his eye, and his face was covered with blood from his nose—I was behind about a dozen, and there were about 50 or 60 men round him, hustling about—I had known Booth before, and knew some of the men with him as his companions—I said to Booth "You will have to come with me to the police-station"—he said "Yours—, you shan't take me," and hit mo behind my ear—it stunned me for a minute—I said "I shall take you"—he called out to his companions, and I struck one of them with my stick, and was going to strike Booth when a constable came and he was taken to the station—he gave his address as 7, Oldbury Street, King's Road, Chelsea, but I found he did not live there.

Cross-examined. I struck at you and it hit the. constable's hand—I did not swear at you—I was assisted by a uniform constable, and three other policemen walked with us off the ground—there were 20 constables in the grounds at the time—I did not go to Cheltenham Street; you only gave me the one address—Mr. Fenn had a black eye, and his handkerchief was covered with blood.

Re-examined. I had seen Booth and his companions on other occasions on the grounds and in the King's Road.

WILLIAM HENRY MARGERUM FENN (Re-examined). I feel the effects of the blow in my neck now—I did not consult a doctor—the black eye went away in about five days—one of the blows struck my nose and it bled.

Prisoner's Defence. I went to the grounds by myself. I have no friends in London. I am an auctioneer's assistant in Great Russell Street I had no employment on the Monday, and while on the Lillie Bridged rounds I stood by a bookmaker, and there was a great rush after a pony race to draw the money, and Mr. Fenn came up to receive his money and accused me of stealing his ticket, and struck me on my throat I asked him what he meant, he turned away and I followed him. A constable came up and laid hold of me and I was given in charge for stealing a ticket Mr. Fenn charged me at the station with the assault, and the constable asked him if there was anything more, and he said he had lost a bag of silver containing 4l. 5s. I knew none of the people there. The bookmaker promised to come here and prove that he had a bet and drew 50s. of him with a ticket.

GUILTY of the assault with intent to rob. Twelve Months' Imprisonment.

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