13th September 1898
Reference Numbert18980913-647
VerdictNot Guilty > unknown

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647.— THOMAS CHECKLEY (30) , Robbery with violence on William Farrington and stealing from his person 28s., his money.

MR. BROMBY Prosecuted and MR. PURCELL Defended.

WILLIAM FARRINGTON . I am head waiter at the Pavilion, Kennington Oval—on August 11th, about 10.30 p.m., I was in a public-house in Waterloo Road and saw the prisoner there—I did not know him before—he asked me to have a drink out of his pot, but I had already got some and I said no, but I did ultimately drink out of his pot—when I got outside he struck me on my mouth and knocked me down and kicked my head—I caught hold of his leg and struggled with him till a constable came—there were other men with him, but they did not strike me, I do not know whether they kicked me, but he did whilst I was on the ground, and one man held my legs up while another rifled my pockets of 28s.—nothingwas left in my pockets—I continued to hold him by the leg till a constable came—my younger brother came up and they took his watch as well.

Cross-examined. I went into the Hero public-house—there were twelve or fourteen men there—I do not know whether the prisoner was there when I went in—I did not know him—we did not have a fight three years ago, but he said in the public-house, "I know you, I have known you for years' and reminded me of an occasion when we had a fight and I got my face cut—I did have a fight three years ago, and my face was cut, but I do not know whether the prisoner is the man—I did not remind him of it—I had some drink at the Hero—I came from the house where I am living, three miles off—I did not walk, I rode on the tram because I went with my brother—I was perfectly sober, I only had one glass of ale in the Hero, and a drop out of the pot—I did not go back to the public-house after this assault and robbery and see a man named Feltham—I did not want to fight him—the conversation did not commence in this way, "I don't forget you for cutting my face open three years ago, come outside and I will show you"—when I got outside the bar I received a punch on the side of the head, and then he knocked me down—I went back into the bar—I did. not say, "They have taken Checkley"—Feltham did not say, "You are just as bad as he is"—if a man said that I do not think I could forget it—I was excited—Idid not say in reply, "I will make it hot for him"—I made a charge of I eing robbed when a policeman came up, and gave him in charge, and said that I had lost some money—I do not know whether I said anything before the inspector about having lost any money, I was so knocked about that I did not know what I said—I mentioned losing the money to the policeman before I went before the Magistrate—I do not know whether I said it to the inspector who took the charge.

Re-examined. I do not know Feltbam—I lost my hat when I fell, and I went back to the public-house to see if it was there, and there were a lot of men there, who said I was justified in locking the prisoner up.

By the. COURT. I lost my money the second time the prisoner knocked me down, and it was then that the other men came up, and the prisoner kicked me on my head—I felt a hand in my pockets and caught hold of the hand, and the money fell to the ground—I found my pockets emptied—I had about 33s. in silver when I left home, and I paid my brother 5s.

—the prisoner was apparently in the company of the other men—they all came out, but I could not identify them—some man held up my leg—some coppers were afterwards picked up and returned to me, but the rest of the money was gone—I could not identify the man. who held my leg up—the other men were in the public-house with the prisoner to the best of my belief.

FREDERICK HABTICK (45 L.) On August 11th, about 11 p.m., I was on duty in Waterloo Road, and saw the prosecutor bleeding from his nose and a bump on his head—he charged the prisoner with kicking him on his head, and knocking him about the face—the prisoner said, "I am sure you won't prosecutei me"—he was standing outside the Hero public-house—hehad hold of the prosecutor, who was walking away—I took him in custody,'and told him he was charged with assaulting the prosecutor—hedid not speak about the robbery till next day before the Magistrate—the inspector who took the charge is not here—the prosecutor seemed dazed, but not as if he had been having a little drop too much—the prisoner was searched at the station—no money was found on him—he said the prosecutor was a mate of his.

Cross-examined. There was a crowd between them, I made my way through it, and saw the prosecutor bleeding—the prisoner then said, "He is a mate of mine, and we have been drinking together in the public-house, and I know he won't charge me when we get to the station"—the prosecutor spoke of the prisoner as Thomas Checkley—the prisoner was brought up next morning for assaulting the prosecutor, who then said that one man held his leg while the other emptied his pockets—up to that time I did not hear a word about robbery—Mr. Fenwick was the Magistrate.

THE COMMOM SERJEANT ordered the inspector to attend on the following day.

—(Police Inspector.) I saw the prosecutor when the prisoner was brought to the station—he had been drinking heavily all day, but was sober—he knew what he was doing—he said he had been out for a holiday that day and treated the prisoner to several drinks—the charge was striking the prosecutor in the face with his fist and kicking him on the head—nothing was said about his having been robbed—the prisoner was remanded for inquiries after taking formal evidence—he was kept in prison—my duty ends with taking the charge—what took place before the Magistrate I have no knowledge of—the prosecutor had a slight wound on the head.

Cross-examined. He told me he was head waiter at the Oval—he did not say anything about others being concerned in the assault on him—he said he had beon drinking with the prisoner and others.

F. HARTICK (re-examined.) I attended before the Magistrate, Mr. Fenwick, on the following morning, when the prisoner was charged with assault—the prosecutor then said that he had been robbed of 28s.—he had not told me so before he went into court—the case was remanded.


Before Mr. Recorder.

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