The Proceedings of the Old Bailey

 

410.   JOHN LYNCH (36) , Feloniously cutting and wounding   Emma Lynch with intent to do her some grievous bodily harm.

MR. GILL conducted the Prosecution; and MR. BAKER the Defence.

  EMMA LYNCH . I am the prisoner's wife—I live at 50, Dudley Street—on 5th May I came down at 8.30 a.m., and when I got to the bottom of the stairs I got two or three blows on the back of my head—I put my hand up and felt a hammer—it was in the prisoner's hand—I fell and became insensible for a few minutes—when I came to myself I halloaed out and some children came and a policeman—the prisoner was taken in custody, he appeared sober—I was taken to the hospital.

Cross-examined. We have been married nineteen years and have four children, we have had six—the prisoner has attempted assaults on me before, but nothing like this—he was in the habit of drinking, but I believe he was sober then—we had been separated for five months—I work at Pimlico in the Government stores—I was employed at Cross & Blackwell's six or seven months ago, and he lived with me during that time—I left there to be confined—I was accused of intimacy with a married man there, but it was not true—the prisoner is a blacksmith's labourer at Norris, Paul, & Clements, the ironfounders in Drury Lane—on the Saturday night before this, I had had words with him when he came—my wounds are healed now there were two on the back of my head and one on my face.

Re-examined. We had lived apart for five months on account of his continual drunkenness—he assaulted me when he came on the Saturday before—he was living with me at the time I was at Cross & Blackwell's.

By THE COURT. Until I felt the blows I did not know that he was in the house—I had not seen him since the Saturday—we had words then.

  EDWIN SHOESMITH (Policeman E 291). I found Mrs. Lynch u Dudley Street bleeding from two large wounds on the back of the head, and one on the left temple—she was taken to Charing Cross Hospital—I went into the cellar of 50, Dudley Street, and found the prisoner there—I told him he would be charged with assaulting his wife—he made no answer—I took him to the station, went back to the house and found this hammer with hair on it—the prisoner was perfectly sober.

Cross-examined. He went quietly to the station—he did not appear excited, he did not speak on the way—I found this hammer in the cellar—it does not follow that he used it, but there are one or two hairs on it now.

  JOHN TAYLOR . I am house-surgeon at Charing Cross Hospital—the prosecutrix was brought there on 5th May at 9 a.m.—I examined her and found two contused and lacerated wounds at the back of her head, and one on the left side of her face, of a concentric shape which could not have been done by a blow or fall, but was probably done by a hammer—she remained till the 18th when she was discharged cured, she-has perfectly recovered.

Cross-examined. My assistant and I attended to this case, he has the qualification of an apothecary—I am a surgeon and physician—the wound in the face went to the bone, it had to be sewn up—it did not injure the bone—the two wounds on the head also penetrated to the sons, they might have been dangerous, but in this case they were not, there was not much hair torn off.

Witness for the Defence.

  WILLIAM BURNEY . I have known the prisoner nine or ten years—when he is in drink he is not in his right mind—I "saw him a few days ago, and he was suffering from delirium tremens—I am positive he was not in his right mind—I did not see him on the day of the assault, but I saw him a day or two before, and he was not in his right mind then—my mistress said "That man has called to see you and he does not seem right in his senses."

GUILTY — Sixteen Months' Imprisonment