23rd June 1884
Reference Numbert18840623-755
VerdictNot Guilty > unknown

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755. WILLIAM BAILEY. (24) and HUGH NIGHTINGALE. (29) , Stealing a gelding, cart, whip, and set of harness, the goods of William Christie Mowbray.

MR. SCALES Prosecuted; MR. HORACE AVORY defended Bailey.

WILLIAM CHRISTIE MOWBRAY . I am a coach builder, of 97, Evelyn Street, Deptford—on 26th May I had been driving a horse and cart, and about 7 p.m. left it outside the Black Horse public-house—I was in there about four minutes, when I came out it was gone—I communicated with the police five or ten minutes afterwards—I saw the prisoners next day at Greenwich Police-court—I had not seen them before.

Cross-examined by MR. AVORY. I left no one to look after the cart—the name was on the caps of the wheels—I know Bailey's father to be a respectable man and an inhabitant of Deptford.

JOSEPH JOHNSON . I live at 111, Evelyn Street, Deptford, and am a corn dealer—about 8 p.m. on 26th May I was at my shop door, which is about 100 yards from the Black Horse—I saw the pony and cart going along; the two prisoners were in it—Nightingale was driving.

Cross-examined by MR. AVORY. It was about 7.45—I had never seen Boiley before; I just saw him driving past—I took particular notice of him because I knew the pony—that was all I saw of them.

WILLIAM GRIFFITHS (Policeman R 93). On 26th May, about 9 p.m., I saw the prisoners driving at a furious rate in High street, Woolwich—a little alter 10 o'clock I was called and found Nightingale lying on the ground, having been thrown out from the trap—I called a doctor to dress his wound and conveyed him to the station on a stretcher—Bailey was standing alongside trying to get Nightingale away—he jumped up in the trap—I suspected something was wrong, caught hold of the pony by the reins, and Bailey jumped out at the back and ran away—Nightingale was not sober, Bailey was.

Cross-examined by MR. AVORY. He knew what he was about; he had been drinking a little I could see by his face; I could tell by his manner; he could walk straight; he staggered a little—it was a little after 9 o'clock when I first saw the cart—Nightingale was driving; he did not appear to be drunk then; he was going too fast—the trap had come in contact with the kerb as they were turning a corner, it was not turned over both of the prisoners were out—I don't know how they got out—I did not see it come into collision with the kerb—Nightingale was insensible on the ground—he was wounded on the head and drunk—Bailey was trying to get him into the cart to take him away—Bailey jumped out of the cart; I don't swear he ran—after I brought the pony and cart buck I turned my attention to Nightingale.

ALFRED MARSDEN (Policeman R 41). On the 26th I was in Deptford about 9 p.m.; I saw the prisoners in a trap with another man named Pereival, drawn by a light pony; Nightingale was driving as though he

didn't understand how to—Percival was had up before the Magistrate and discharged.

Cross-examined by MR. AVORY. Evelyn Street is about four milee from High Street, Deptford.

FRANCIS SHAVE (Detective R). On 26th May, from information received, I went to 2, Kelly Road, Deptford—I saw Bailey and told him he would be charged with being concerned with others in custody in stealing a pony and cart from outside the Black Horse—his father was present—he said "Is that so?"—the prisoner said "It is all right, father."

Cross-examined by MR. AVORY. His father said "Is that so; do you know anything about it?"—I found him at his father's house at 2 a.m.—his father is a respectable man—the prisoner is a working bricklayer with a perfectly good character as far as I know.

GEORGE PURBROOK (Sergeant R). On the morning of 27th May I saw Nightingale in Woolwich—I told him I was a police-officer, and that he would be charged with two others in custody in stealing a horse and cart on the night of the 26th—he said "I found it straying in Evelyn Street"—he was perfectly sober.

Cross-examined by Nightingale. You did not ask me coming up in the train who the two men were, as you were so drunk you did not know what you were doing.

Nightingale, in his defence, stated that he went to see some friends and got drunk, and that he knew no more till he found himself in a cell with his had cut open.


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