The Proceedings of the Old Bailey

 

790.   JAMES VAUGHAN was indicted for, and charged on the Coroner's Inquisition with, the manslaughter of   Frederick Klein.

MESSRS. C.F. GILL and A. GILL Prosecuted, and MR. HUTTON Defended.

  CAROLINE KLEIN . I live at 39, Robert Street, Hampstead Road—my husband, Frederick Klein, was a German, he was a cabinet-maker, and was 50 years of age—on the night of 19th September I was with him returning from my sister's at Clerkenwell—at Farringdon Street Station we got into a third-class carriage to go to Gower Street, the

carriage was pretty full; I sat down on the same side as my husband—just as the train was starting the prisoner and some other men got in; there was not room for them all—the prisoner was dressed very smartly, with a tall hat and an umbrella—he said, "I am a first-class passenger"—I said, "It's a pity you did not take a first-class ticket"—when we started he called my husband a b----and all manner of names—my husband said, "If you use such an expression as that again I would smash you like that," striking his own hand—at Gower Street we got out, and as we were about to cross Euston. Road, the prisoner and others came up; one of his friends said to my husband, "Are you going to b----well fight?"—the prisoner immediately came up and said, "Take that, you b----German bastard," and he up with his umbrella and struck my husband with it in the eye with all his force; he gave the blow over his friend's shoulder—my husband said, "Oh, Carrie, my eye is gone, I am ruined for life "—I caught hold of the man who had challenged him to fight, by the neck; a constable brought the prisoner back, and we went to the station—my husband was in great pain, his eye bled, a doctor was sent for; we Went home, and on the 21st he was taken to the hospital; he gradually grew worse, and died on the 29th.

Cross-examined. The obscene expressions in the train were used by the prisoner and his companions, they assisted each other, but the word was said to me—I could not say how many followed us from Gower Street, three or four, when the man asked my husband to fight he did nothing to endeavour to protect himself, he had not a chance, he did not put up his hand or make any motion—I saw the umbrella come over the other man's shoulder—I saw the prisoner's face—I don't remember my husband being able to say anything—we were just going to cross, and the man stopped him full, my husband stopped immediately—I was very nervous when it happened—I did not know they were following us.

  HARRY CALE . I live at the bamboo works, 122, Cleveland Street—on the night of 19th September I saw the prisoner and another man close to Gower Street Station—I also saw the deceased and his wife close to the side of the prisoner—the row was not caused by him, but by one of his friends, who asked the deceased if he wanted to b----well fight, and before he could get a word out the prisoner drew his umbrella from his left side and struck over his friend's shoulder, and said, "Go away, you b----German bastard"—it was a thrust—I saw blood come from the man's eye immediately after—the prisoner went into the Euston Road under the shade of the trees—I saw the changing of hats with the people in the road, I don't know if it was one of his friends—I pointed the prisoner out to a constable, and he ran, and ran into a drunken man's arms.

Cross-examined. I was about two yards away when I first saw them; I was standing close by; there were a number of people round the prosecutor—I did not hear him say anything; he was standing still—he did not make any motion as if to strike—the others were standing round; they were not threatening him; they said nothing.

  FREDERICK CALE . I was with my brother—I did not see the blow struck—my brother pointed out the prisoner to me, and I went and called him a coward—he said, "You never saw what was done in the train. "

  JOHN DONOVAN (S 163). About half-past twelve on the morning of

20th September my attention was attracted to something going on close to Gower Street Station—I went up, and saw the deceased bleeding from a wound in the eye—he made a statement to me, in consequence of which I went after the prisoner; he was running away in Euston Road—I caught him, and brought him back, and told him he was accused of striking the man in the eye; he made no answer—he was dressed in a very fashionable style, with a high hat and very nice clothes, with an Inverness cape across his arm, and an umbrella—I took him to the station—he gave the name of Paul Foby, but refused his address and occupation—this is the umbrella.

Cross-examined. Mrs. Klein was holding another man when I came up; there was no struggle going on—she said at first he was the man.

  WILLIAM SMITH (Inspector D). I was at the station when the prisoner was brought in; I entered the charge for assaulting the deceased, by striking him in the eye with an umbrella—he replied, "Yes, I did strike him"—he gave the name of Paul Fob, but declined his address or occupation.

  EDWARD CULLEN (Sergeant D 36). On 20th September, about four p.m., a man named William Brown, of 31, Tenter Street, Spitalfields, presented himself as bail for the prisoner—the prisoner gave the name of Paul Foby.

  GERALD MANSFIELD . I am resident medical officer of the London Temperance Hospital—the deceased was admitted there on 21st September, suffering from a wound in the upper part of the left eye; it had been stitched up—he got worse, and died on the 29th—I made a post mortem—there was penetration of the roof of the orbit, large enough to admit the point of an umbrella—the cause of death was inflammation and softening of the brain, due to the wound—fragments of bone were splintered towards the brain—it must have required a fair amount of force to inflict the wound; the skull is rather thin there.

  JOHN KAYNE (Sergeant D). I arrested the prisoner on 29th September at the Thames Police-court, after his committal on another charge—he was charged with assaulting and beating the deceased—he made no reply—he was taken to Tottenham Court Road station—I then heard the man was dead, and I told the prisoner he would be charged with causing his death—he described himself as a general dealer, of 66, Westmoreland Place, City Road.

GUILTY .

He was also charged with committing wilful damage by breaking a window with a sticky and found Guilty. — Twelve Months' Hard Labour on the first conviction , and One Day's Imprisonment on the second.