16th September 1889
Reference Numbert18890916-722
VerdictGuilty > lesser offence
SentenceImprisonment > penal servitude

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722. HENRY ELLIS (34) , Feloniously shooting at Catherine Ellis, with intent to murder. Second Count, with intent to do grievous bodily harm.


CATHERINE ELLIS . I am the prisoner's wife, and live at 16, Baker Street, Commercial Road—we were married about eight years ago—in 1883 I was living with him—in that year I charged him before a Magistrate with an assault upon me—he was dealt with by the Magistrate, and I obtained a separation order—since 1883 I have not seen much of him—on the morning of 15th July last, about eleven, I was coming along Baker Street and saw him on the opposite side—when I had reached a hoarding and was about half-way across the road he fired at me, but the bullet happened to miss me—I saw him take the revolver from his right-hand coat pocket, and I saw it in his hand after he fired—I crossed the street, and he walked up Baker Street towards Nelson Street; I stood outside No. 13 and watched him; he turned the corner, and came back again in five or ten minutes, and said, "Pick up what you like, I will give you Charlie;" and he pointed the revolver at my face—I closed the street-door and ran up to Mrs. Pratt for protection; as I did so he said, "I don't care for six coppers, I am going to do that for her," and he drew his hand across his throat—I was then upstairs in Mrs. Pratt's room, watching through the window, which was wide open, and

he was in the middle of the road—I waited there till he went away—a constable came, and I went out with him, and went to the station—while I was at the window Mrs. Pratt halloed out, "Good God, Kate, he has got a pistol in his hand!"—later on in the day, about half-past five, I saw him again in the Bedford Arms—he came in and threatened me—he said, "Do you say I shot at you?"—I said "Yes"—he said, "Well, I mean to do it; you ought to have your head shot off"—his father's sister was with me—I sent for Constable Anderson, and said, "He has fired at me, I will give him in charge"—he said, "I won't go for a cow like her"—he took hold of my throat, whether it was with his hand or a little knife I don't know, but my throat was cut, and he tore my hands to pieces while I was holding the constable—his father and sister cut his handkerchief from his neck, so he got away; that was after he had had a struggle with the constable—I not see him again till the 4th of August, when he was taken into custody—I lived with a man named Lewis Neelan after I got my separation order, but I left him eleven months ago.

Cross-examined by the Prisoner. When I saw you at eleven I did not call you a b----bastard or a b----convict; I did not say a word to you—when I gave you in charge you said to the constable," I have not fired at her, and I have no revolver"—he searched you, but you had done away with the revolver then—you tried to shoot me with that revolver five months ago in Cannon Street, when you got through a window; I stabbed you in the eye; that was for protection—you had the revolver in your hand then—I did not stab you in the eye previous to that—you never would keep away from the time you came home from your five years—16, Baker Street, is a brothel—I was working thereat 5s. a week—I never took any money there—when you received three months for assaulting me that was in Poplar, in 1883—I was not living with you then—I was at home at work with my brother at the brick work, and you came and threatened me, and said you did not care if you were hung for me; that was when you got copped for burglary.

ALFRED NORTON . I am a publican, and keep the Little Wonder beerhouse, at 11, Baker Street, Commercial Road—on 15th July, between eleven and half-past, the prisoner was in my house—three or four minutes after he left I heard an explosion—it sounded from the opposite side of the road, nearly opposite my house, which is two doors from No. 13—I went to my door, and saw the prisoner on the opposite side of the way, walking slowly up towards Clark Street—I did not see anyone else about—he held his right hand down, and his left hand was swinging—when he got to the top of the street he looked round, and seemed to be spinning a button in his hand—I left him standing there—there was no policemen about till one was fetched—I spoke to him, and he went and spoke to the prisoner—he was standing opposite No. 13—I did not see anything in his hand.

Cross-examined. I did not see you do anything—I did not see your wife for a considerable time after—she said nothing to me; she spoke to my wife.

GEORGE ALLEN (Policeman H 483). On 15th July, between eleven and twelve, I was fetched to Baker Street by a little girl—I saw Mr. Norton in his doorway, and I saw the prisoner standing in the road two or three doors from the beer-house—Mr. Norton spoke to me, and I went

up to the prisoner, and asked what he wanted there—he said nothing—he went away up Baker Street towards Clark Street—some ten minutes after his wife came out of a house in Baker Street—she made a complaint to me, and I accompanied her in the direction in which the prisoner had gone, but saw nothing of him.

JOSEPH LANE (Policeman H 244). On 15th July, about ten minutes to twelve, I was called to Baker Street by a little boy—the prosecutrix came from No. 13, and made a complaint to me, in consequence of which I went part of the way with her towards the station—I then left her, and she went on to the station.

ELLEN SHORT . I now live at 8, Blondin Street, Fairfield Road—on 15th July I lived at 17, John's Place—on the morning of 15th July, between eleven and twelve, as I was sitting by my window, working, I heard a smash at the window of the room, and a pane of glass was broken—I looked out immediately to see who had broken it, but I could not see anybody about—when my husband came home in the evening I spoke to him about it—I went out with him in the evening, and then heard something, in consequence of which we went back to our room, and searched, and between the bedstead and the window he found this bullet (produced)—he went out and brought in a constable, and he picked the bullet up.

THOMAS SHORT . I am the husband of the last witness—on 15th July, when I came home, I saw whore the window had been broken—my wife spoke to me about it—while we were out, in consequence of something I heard, I went home and examined the room, and saw this bullet; I went and fetched a constable, and he picked it up; it was lying under the window, on the first floor.

ERNEST DALES Policeman H 441) Short spoke to me, and I went to his room, and picked up this bullet.

WILLIAM GILL (Detective H). From instructions I received, on 4th August I went to 16, Baker Street; I there saw Catherine Ellis—she pointed out to me certain spots in Baker Street—I examined the wood on the other side of the hoarding from the place she pointed out, and saw a mark on the wall, such as might be made by a bullet glancing off; there was the mark of lead on the brick—I made this drawing of the place, showing the spot and the distance from it to John's Place, where the window was broken.

JAMES WILLIAM ANDERSON (Policeman H 159). On 15th July, at half-past five, the prisoner was given into my custody by the prosecutrix for shooting at her with a revolver, and she said she was in danger of her life—I told him I should take him into custody—he said, "I won't go for a cow like her"—I struggled with him; I took hold of him by the handkerchief—his father cut the handkerchief from behind, and his sister and mother rescued him from my custody, the prisoner biting me on the left hand in several places; I have the marks now—my coat was torn and my whistle broken in the struggle, and he succeeded in getting away from me—a warrant was issued for his arrest, and on 4th August I took him into custody in Mile End Road—I told him I should take him into custody for shooting at his wife—he said, "My name is not Henry Ellis; it is Alfred Barnardere"—I took him to the station, and he was there charged—he still denied being Ellis.

Cross-examined. You had hold of your wife's throat with your left

hand; her throat was bleeding at the time—I did my utmost to get you away from her—you went quietly when I apprehended you on 4th August—you had been drinking;, but were not intoxicated.

Prisoner's Defence. When I received my three months for assaulting my wife she had been living with another man four years—since she left me twelve months ago I have been leading a life worse than a dog; she has been running on against me with profane language.

Witnesses for the Defence.

ELIZABETH LUCK . I saw you in Baker Street at half-past twelve with your wife, on the right-hand side of Baker Street I heard her call you a foul name—you crossed the road to ask her what she meant by it, when she took up this shell to strike you with—you did nothing to her—she went into 13, and told people that you had a pistol or something in your hand.

Cross-examined. I don't know what happened between eleven and twelve—I was in bed—I heard the report—I only knew the prisoner lately by sight—I did not threaten his wife if she went to the Police-court, or if he got any sentence I would kill her; nothing of the kind.

GEORGE ADAMS . I saw the prisoner in Baker Street about half-past eleven—he went into the Wonder, came out again, and spoke to a neighbour—he then went to the top of Baker Street, and stood there a few minutes—I went indoors, and while there I heard a report—I came out, and asked Mr. Norton what it was—he said he did not know—I saw the prisoner standing there spinning a button or something—I did not see him have any quarrel with his wife—I did not see his wife.

Cross-examined. I live in the same house as Mrs. Pratt—I heard the report, but did not know what it was; it sounded like something clashing against a board—it was just as I got into my back room—I was cautioned for threatening the prosecutrix—I did not threaten her.

LIZZIE PRATT . I did not see the prisoner in Baker Street at eleven—I think it was between twelve and one—I heard him and his wife quarrelling under my window-ledge—she called him a b----bastard, and a returned convict—she came into my place and told me he had either a knife or revolver in his hand—I did not see anything.

Cross-examined. I did not call out, "For God's sake, Kate, come upstairs; he has got a revolver in his hand!"—I did not tell the police so—I heard the report of firearms—I was in bed with my baby—I did not look out of the window—I did look out, but I saw no one.

GUILTY on Second Count.

He then PLEADED GUILTY to having been convicted of Felony on 8th September, 1884, at the Middlesex Sessions; he was then sentenced to Five Years' Penal Servitude, and he had also received sentences of Five Years and Seven Years' Penal Servitude.— Seven Years' Penal Servitude.

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