7th January 1901
Reference Numbert19010107-143
VerdictNot Guilty > unknown; Guilty > lesser offence
SentenceImprisonment > hard labour

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143. PATRICK MALONEY (34) and JOHN BATTERSHELL (27) , Robbery with violence on William Russell, and stealing ₤6, his money.

MR. HODGSON Prosecuted and MR. BURNIE Defended.

WILLIAM RUSSELL . I am a fishmonger, of 1, Point Pleasant, Wandsworth—I have known the prisoners for some time—on November 15th, between 4 and 5 p.m., I was in High Street, Wandsworth—I saw the prisoners, and spoke to them—we went in to the Spread Eagle public-house—I had some drink with them; I stood them drinks; I had ₤6 or ₤7 in my pocket—when I paid for the drinks I pulled some gold and silver mixed out of my pocket—the prisoners were standing alongside me then—I was sober—we stayed there till two or three minutes to five—I know a man named Vicars; he was in there too—my brother came in—we had an altercation about some horse-dealing affairs—the landlady refused to serve us with any more drink, and the prisoner, my brother, Vicars and myself all went outside—Battershell said, "I will see you home, Bill"—he got hold of my arm, and the other prisoner the other arm, and we wont through the High Street—I have had an accident to my leg, and cannot walk properly—we went to the Prince Alfred—me and Battershell went in; Maloney stayed outside—we were not served—we went out; both the prisoners got hold of my arms again, and we went to North Place—I felt Battershell's hands in my pockets; I fell on the back of my head, on a door-step—Maloney stood in the road; nobody was about—it is a very dark street—we got there just before six—I became insensible, and when I came to, I found my pockets were empty.

Cross-examined. I had not been into any public-houses that day before the Spread Eagle; we were in there about half an hour—I was sober when I left—I did not say before the Magistrate, "I left the Spread Eagle after 5 o'clock; I was in drink"—I signed my depositions—I said, "All I was drinking was port wine"—the prisoners were sober, and so was Vicars—the landlord of the Prince Alfred knew I had been laid up for some time, and he said to me, "If I were you, Bill, I would get home"—he is here to-day—he did not come to the door to see me off—Maloney had not gone away then—Battershell did not leave me before I was robbed.

WILLIAM VICARS . I was in the Spread Eagle on November 15th—I know the prosecutor and the prisoners well—I am a plumber, and live at 36, Ironmills Place, Wandsworth—the prisoners were in my company; we went into the Spread Eagle soon after 4 o'clock—they and the prosecutor were ordered to leave by the landlady—the prosecutor was quarrelling with his brother.

Cross-examined. The prosecutor and the prisoners had been drinking; they had had more than was good for them.

Re-examined. The prosecutor paid for the prisoners' drinks; I paid for myself.

ROSINA LANSDELL . I live at 26, North Place, Wandsworth, with my mother—on November 15th I was at home—about 6 o'clock I heard a

noise outside the door—I went to the door, which was burst open, and saw a man lying on top of another—I did not see anybody else there—I shut the door, and locked it—I do not know either of the men—as I went to the door I heard someone say, "Get up, Bill."

EDWARD GEORGE KIRK . I am a fishmonger, and live at the same house as the prosecutor—on November 15th I was called to 26, North Place—I found the prosecutor lying on his back, with his head on a step—me and his sister picked him up; he was insensible; when we got him into the light we found his pockets were hanging out—we took him home.

JOSEPH GOUGH (Police Sergeant, V). I received information of this assault and robbery from the prosecutor on November 16th—on the 17th I went to 35, Ironmill Road, with Dectective Heard—I saw the prisoners, and told them they would be charged together with assaulting and robbing William Russell in North Place, and stealing from him several pounds—Maloney said, "I was not there"—Battershell made no reply—I took them to the station; they were charged, and made no reply,

By the COURT. This case was not disposed of sooner because the prosecutor was too ill with his leg.

Cross-examined. I told them that 6 o'clock was the time the robbery took place—Maloney said, "I was at home at that time."

WILLIAM HEARD (Detective, V). On November 17th I went with Sergeant Gough to arrest the prisoners—I took charge of Maloney—outside the door Maloney's wife called across to Mrs. Barley, who lives opposite "What time did my husband come home on Thursday night?"—she said "About seven, to the best of my memory"—then Mrs. Maloney drew her attention to the fact that he was at home about five—at the Police Court Mrs. Barley said it was 5 o'clock.

Cross-examined. When Maloney was told the charge he said, "I had a drink with his brother Jim in the Spread Eagle"—he did not say what time he got home—I signed my deposition, which says in it, "I was at home at 5 o'clock"—I know there is an order issued by the Commissioner that police officers should make a note of what prisoners say—I did not comply with that order.

Maloney, in his defence, on oath, said that he was in the Spread Eagle with the prosecutors brother, Battershell and Vicars; that they had all had too much drink; that he came out of the public-house, having the prosecutor inside, and went home, where he arrived about 4.50; and that he knew nothing about the assault and robbery.

Battershell, in his defence, on oath, said that he was in the public-house with the prosecutor, who was very drunk; that they came out, when Maloney went home; that he and the prosecutor went into the Ram public-house, and from there to the Prince Alfred; that the landlord would not serve them, and asked him to take the prosecutor outside; that he took him about 20 yards down the street, but, as he kept stumbling, he left him lying on the ground 40 or 50 yards from North Place; that he did not go to North Place with the prosecutor, or rob him.

Evidence for the Defence.

JAMES AUDREY . I keep the Prince Albert beer and wine house, in

Wandsworth—I know the prisoners and the prosecutor—on November 15th the prosecutor and Battershell came into my bar about 6.30—I refused to serve them, because they were intoxicated—the prosecutor tried to go to sleep on a seat—I asked Battershell to see him home—I assisted Battershell to get the prosecutor outside—I went outside the door—I did not see Maloney there—Battershell and the prosecutor went along together.

Cross-examined. Battershell and the prosecutor went in the direction of Wharf Road—I was first asked anything about this case on the Saturday night following—I knew the prosecutor had bad an accident to his leg—he was not lame when he came into my place—he was more intoxicated than Battershell.

Re-examined. There was no other man with them when they left my place.

ALICE JOHNSON . I am the wife of George Johnson, a general dealer, of 2, Wardell Street, Wandsworth—I know Maloney—I heard of his arrest on the Monday following November 15th—on November 15th I was out with my husband; we met Maloney about 4.30, opposite the paper mills—we went into the Horse and Groom with him, and had a glass of bitter each—I think Maloney paid—he said he had some grapes to clean, so he was going home—I think he had had enough to drink—my husband is not here; he has fractured his ribs.

Cross-examined. Maloney was with us about a quarter of an hour on November 15th—he did not go in the direction of the Spread Eagle when we parted—I did not hear Mrs. Barley give her evidence at the Police-court.

Re-examined. When we parted we went in the direction of the Spread Eagle, and Maloney went the other way—I did not go into the Spread Eagle.

ANNIE MALONEY . I am Maloney's wife—on the day he was taken into custody I was at home—he came home about 5 o'clock; he did not go out again—when the police came I did not call out to Mrs. Barley about what time my husband came home on the previous Thursday; I asked her what time I brought my baby to her; she said it was between 6 and 7 o'clock.

Cross-examined. I did not hear any of the evidence given at the Police-court; I could not get in.

ROSINA LANDSELL (Re-examined by the COURT). The men fell against my door about 6 o'clock; I am not quite sure of the time.

ELLEN BARLEY . I am married, and live at 38, Wardell Street, opposite Maloney's—on the Thursday before Maloney was arrested he came home at 4.50—I saw him coming up the street, as I was looking out at my door for my little girl, who was coming from school—she leaves school at, 4.30—Maloney was the worse for drink—he went indoors—on the day he was taken into custody Mrs. Maloney called across to me and asked me what time my little girl could have her baby—she never said anything about her husband coming home.

Cross-examined. I was at the Police-court—I did not hear Heard say that Mrs. Maloney asked me what time her husband had come home on the Thursday evening—I cannot remember whether I was in Court when he gave his evidence or not—I did not know anything had occurred until after the prisoner had been taken.

MALONEY— NOT GUILTY; BATTERSHELL— GUILTY of robbery without violence. He then PLEADED GUILTY to a conviction of felony on September 26th, 1893; and another conviction was proved against him.— Twelve months hard labour.

Before Mr. Common Serjeant.

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