The Proceedings of the Old Bailey

 

438.   ROBERT JAMES MATTHEWS , Feloniously wounding   Henry Blaming, with intent to murder. Second Count, with intent to do grievous bodily harm.

MESSRS. MEAD and CHARLES MATHEWS Prosecuted; MR. GEOGHEGAN Defended.

  HENRY BLAMING . I live at 11, Artillery Lane, Bishopsgate Street—up to Christmas last I was employed as potman at the Two Brewers public-house, of which the prisoner was manager—I left the service three days after Christmas—shortly after I was taken before a Magistrate and committed to this Court for an indecent atsault upon the prisoner's daughter. aged 14—I was tried here on 31st January on that charge, and acquitted—that was about 12 o'clock in the day—about 8 that same evening I went to the Two Brewers with Thomas Ginn and Neale—we went to the private bar—the prisoner was standing behind the bar, and ho served me—a man named Benzing was there, he was not a friend, I knew him by his using the house; he was standing by the counter in a different compartment—I nodded and smiled at him—the prisoner was between me and Benzing—he said "Who are you laughing at?"—I said "I have nothing to cry for"—with that he produced a revolver from behind, pointed it at me and fired, it hit me in the stomach; I ran out, he fired again, that hit me in the buttock—I ran immediately to Dr. Duke's, and he attended to me, and from there I was taken to the London Hospital, where I remained for ten weeks and three days.

Cross-examined. I entered the prisoner's service last August; he had two sons and a daughter—until a bother about the daughter we had got

on very well; he was a good master—there are several public-houses in Brick Lane, within 300 yards of the Two Brewers—Neale, Ginn, and I went in together; Neale and Ginn went in first, I went in hardly two seconds after—there was no reason for my stopping outside; I did not tell them to order drink for me—the prisoner had one night declined to serve me—on this night Ginn said I had better not go in, because there might be a bother—I did not say I did not care a d—whether there was a bother or not—I said "It's all right, he will serve me"—I had passed four public-houses before getting to the prisoner's; I don't know why I did not go into one of those, there was no reason—I did not go in to insult the prisoner—Mr. Hannay was the Magistrate who sent me for trial—he told me I could go into the witness-box and contradict the girl's evidence; I did not do so, I misunderstood him; I thought he said something about reserving my defence—what the girl said was a lie, and her father knew it—the prisoner told me while I was in his service that he kept a pistol on account of burglars—when I went into the house on this night I meant just to have a drink and leave, I had two of whisky; I was not in there 15 minutes, I took up a paper to look at—I was not laughing or smiling—I did not say I would give him a big ear.

  THOMAS EDWARD GINN . I am a mattress maker, of 29, Ashford-Street, Hoxton—on 31st January I was with Blaming, Neale met us in Church-Street, and we went to go to Baker's Row to see a load of iron weighed—on the road we stopped at the Two Brewers about half-past 7 or a quarter to 8—I and Neale went in first, the prisoner was behind the bar; we had two glasses of ale first, then Blaming came in and he had two of whisky—Neale then went out—Blaming had a paper in his hand, reading, and he laughed across at Benzing—the prisoner said "What are you laughing at?"—he said "I have nothing to cry at"—the prisoner then took a pistol out of his pocket and fired at him—Blaming turned and went to the door to get out, and the prisoner shot him again as he went out—he then jumped over the bar and went out after him with the revolver in his hand; he was brought back by two women.

Cross-examined. I have known Blaming two or three years—I have not worked for him—I do not use the prisoner's house—we had passed a good number of public-houses—I asked Blaming not to go in to the prisoner's, because there would be a bother—he said it would be all right, he would serve him—we were in the house eight or nine minutes before the shot was fired—the whisky was not ordered for Blaming before he came in—Neale paid for it, he ordered it—the prisoner was behind the bar all the eight or nine minutes; he did not fire at Blaming the moment he went in—he was between Blaming and Benzing—there were a lot of people in the bar, but no one I knew—the two shots were fired within a second of each other.

The evidence of Cecilia Barlow, who was too ill to attend, was put in and read, in which she stated "I saw Blaming laugh at the prisoner over the bar, and in about half a minute I heard a shot, I looked up and saw the prisoner fire a second shot.

  WILLIAM BENZING . I am a carman, of 4, Queen Street, Spitalfields—on 31st January I was in the Two Brewers—I saw Blaming come in—he nodded at me and smiled—I nodded back and left; almost immediately afterwards I heard two shots—I saw Blaming come out and run away;

directly after the prisoner came out and said "Where is he!" he had a revolver in his hand—I pointed in a contrary direction to that in which Blaming had gone, and he went in that direction; he was very excited.

  WALTER DREW (Policeman). On 31st January, about a quarter to 8,1 was called to the Two Brewers; I saw the prisoner behind the bar—I was with Detective Stacey—I said "We are two police-officers; what is it we hear about shooting?" he said "I will tell you all about it"—I cautioned him in the usual way—he said "I had a man as potman here, and he indecently assaulted my daughter; he came in to night with another man and began laughing; I then pulled out my revolver and shot at him and be ran out at the door, and as he done so I shot at him again; "Inspector Bavington then came in and said to us "What have you done?"—the prisoner answered "I have given him two bullets, I wish t had given him a third," and he handed Bavington this revolver—on the way to the station I said "This is a bad job;" the prisoner said "What! I wish I had killed him, there would be an end to the b——then;" when the charge was read over to him he said "Yes;"—there was an interval of five or ten minutes between my going into the house and his using those words going to the station.

Cross-examined. He was not very much excited—he appeared to be very much cut up about his daughter—he gave up the revolver of his own accord—it is a bull-dog revolver, they fire very high.

  JOHN BAVINGTON (Police Inspector H). On the night of the 31st I went to the house and saw the prisoner, he was spoken to by the constable in my hearing—He said "I gave him two bullets, I wish I had given him a third; "Isaid "Where is the revolver?" he said "I have it," and he produced it from his right-hand trousers pocket, or from behind; it has five chambers, two discharged, three containing cartridges—I found several similar cartridges in a safe in the bar-parlour—I took one of the bullets out of the revolver and gave it to Mr. Taylor—I found the prosecutor at Mr. Duke's and conveyed him to the hospital.

  FREDERICK HOWARD TAYLOR . I am house-surgeon at the London Hospital—I saw Blaming when he was brought there on 31st January—he was suffering from two bullet wounds, one in front at the lower part of the abdomen, going down obliquely towards the thigh, the other going straight into his left buttock—I could pass a probe down the front wound for 31/2 inches, but at the fold of the groin the probe would go no farther, and the bullet remained in; I extracted the other bullet—he remained in the hospital till the 13th of this month; he went before the Magistrate on the 11th, and was discharged two days later—he was in very considerable danger, chiefly from the front wound; he is out of danger now; he will very likely suffer further inconvenience, but not danger to life—I hope the bullet will not work out.

The prisoner received an excellent character.

GUILTY of unlawfully wounding.-Strongly recommended to mercy by the JURY on account of the provocation he received.— Six Weeks' Hard Labour.