GEORGE RUSSELL.
2nd July 1888
Reference Numbert18880702-700
VerdictNot Guilty > unknown

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700. GEORGE RUSSELL (a police-constable) was indicted for willful and corrupt perjury before Montagu Stephens Williams, Esq.

MESSRS. POLAND, MEAD, and GOODRICH Prosecuted; MESSRS. GEOGHJEGAN and LAWLESS Defended.

GEORGE ADOLPHUS BIRD . I am chief clerk at Wandsworth Police court—I was in Court in that capacity on Easter Monday, 2nd April—Mr. Montagu Williams was the Magistrate on the Bench—George Baker and Elizabeth Hannah Baker were placed in the dock—this (produced) is the charge-sheet upon which they were charged—I took notes of the evidence—the first witness called was Henry Lodes, 474 W—I took down in this book what he said—the next witness was the defendant George Russell, 200 W; I took down what he said—he was sworn in the usual way; he said "I was with the last witness, and what he has stated is correct"—Lodes had said "At 12 o'clock on Saturday night I saw the prisoner George Baker drunk and disorderly in Battersea Park Road, he used bad language and would not go, and I took him; on the way Elizabeth came up drunk, and used very bad language, struck me twice on the arm, and tried to rescue her husband"—then Russell, on cross-examination, said "I did not strike the female in the face, the male prisoner did not come across and ask me why I did it; I did not take hold of him by the collar, no woman ran against me, I know nothing about any woman—both prisoners were drunk"—I have notes of the other witnesses who were called on that day—Patrick Gallagher, 496 W, was the next witness, then Joseph Spencer, inspector—then for the defence, Hannah Williams, Henry Hare, and Harry Gowdery—the matter was then adjourned to Thursday, 5th April, again before Mr. Montagu Williams—I took notes again—Mr. O'Neill, the surgeon, was the first witness called on that occasion—then James Butler, Lodes, and Gallagher recalled, and others were called on behalf of the police, including William Hester, a constable, and then upon adjudication the Magistrate discharged both Mr. and Mrs. Baker.

Cross-examined. At the time they were discharged Mrs. Colbran, Miss Colbran, and Mr. Clench were not examined—the address that Hannah Williams gave was 15, Havelock Terrace, Battersea Park Road—she was asked where she lived, and she gave that address—in my experience it is not unusual for a person charged with being drunk and disorderly to give their correct name and address on the charge-sheet.

HANNAH WILLIAMS . I am an ironer, and was in the employment of Mr. Thatcher, who keeps a laundry, but I got discharged because I had to come here so many times—I am now living at 23, Stewart's Lane, Battersea, with my grandmother, Mrs. Williams; at No. 25, next door but one, Mr. and Mrs. Baker lived, Mrs. Baker is my aunt—on Saturday, 31st March, about half-past 11 or a quarter to 12, I was at a public-house called the Rock House, in Battersea Park Road, at the corner of Lockington Road—at the other corner is Mr. Butler's oil-shop—Henry Hare and Henry Cowdery were with me—I left the Rock House about half-past 11 or a quarter to 12; I came out of the public-house

and the other two came out after me—I went towards Battersea Park Road, towards Wandsworth—I thought I saw somebody I knew, and I ran, and seeing it was not the party I knew, I turned round, and as I did so I ran into the constable 200, the prisoner—he turned round and slapped my face with his open hand—my uncle, George Baker, then came up from the corner of the oil-shop, and said to the prisoner "What did you do that for and he asked him if he wanted a charge—the prisoner said "Yes, and I will have one"—he then took my uncle by the arm and took him along—another constable, Lodes, caught hold of his other arm, they pushed him a little way down Lockington Road, and after that took him to the station—my aunt came up afterwards, there was a crowd, my aunt walked by my side, we followed to the station—on the way my uncle said "You had better go home and tell your grandmother to bail us out"—they took my uncle inside the station—I saw him standing against the gate, I then left and went to my grandmother's—first I went to the Rock House, I there saw Hare and Cowdery, then I went to my grandmother's—she went to the station later on—in the early morning of Sunday I saw my uncle and aunt, I noticed blood running down my uncle's face—he was sober, and my aunt also—I was sober.

Cross-examined. I have lived in this neighbourhood about 15 years; I know the neighbourhood; Havelock Terrace is about a minute's walk from the police-station—when my aunt was taken to the station I left; I went inside the gate leading up to the station; I went as far as the station steps—my aunt was carrying this little basket—when she went up the steps I saw the basket lying on the ground—at the very beginning of this matter I left the public-house before Hare and Cowdery—I heard them state on the former trial that I left the public-house five minutes before they did—I did not swear then that we all three came out together—I came out first and they followed after—I could not exactly tell how long I was living with Mrs. Barnes—I don't think it was so long as 12 months—I was not living with her at the time I gave evidence at Wandsworth Police-court—I was then living with my grandmother—her address is 23, Stewart's Lane—Mrs. Barnes's is 15, Havelock Terrace—I did not tell Mr. Bird that I was living at 15, Havelock Terrace; it was 23, Stewart's Lane; I gave that address—I did not mention 15, Havelock Terrace—one of my reasons for leaving Mrs. Barnes was because I found out she was a woman of bad character—I found that out about two or three weeks before this case—that was not because I saw a man up in her room—I told you last time that I had on four or five occasions seen men going into her room, and I had seen other things—it was not solely for the purposes of this case that I left Mrs. Barnes and came to live with my grandmother—I can't tell you the date I left Mrs. Barnes; it was two or three weeks before I got the slap in the face; I swear that; it was not two days after I appeared at the police-court, I am sure of that—on this Saturday I knocked off work about 1 o'clock, then I met Hare and Cowdery; I left them one part of the evening for about two hours—I went with them to the Washington; I don't think I stopped with them so long as an hour—I walked with them to Battersea Park Road; I left them a little afterwards—I had not been with them from 1 till 8; I first met them about 6; it was about 7 when I was at the Washington—I did not take any notice of the time—I met them again about 11 at the Rock; I left the Rock

about half-past 11 or a quarter to 12—after I left I ran about 50 yards before I ran into the constable; he was in the middle of a crowd, moving on some boys who were disorderly; they were smashing and beating the tins outside Mr. Butler's place; they were making a noise—the prisoner was the only constable in the middle of the crowd that I could see—I could not see him as I ran into him, because my head was turned; the crowd was moving on as he was standing there, and I turned my head and ran into him—I could see him when I was far off, as I ran along, but as I came along I could not see him, and I ran into him; I was not looking at him then—I found out it was not my friend, and turned back; I turned my head round; at that time I was alone; I had left Hare and Cowdery against the Rock—they were standing there with me, where the constable was, in the crowd; I did not tell you that before; you never asked me; what I have just told you is true—it is not because Hare and Cowdery contradicted me that I say we three were together when the policeman struck me—I heard my grandmother examined here last Sessions; I did not hear her swear that I was not living with her at that time—I heard my uncle say to the constable "Do you want a charge?"—I saw Mr. Butler there; he came up to my uncle; I did not hear him say to my uncle "Don't make a bother here "; I was close to my uncle—I don't know that I must have heard Mr. Butler say that if he did; I was not taking any notice of Mr. Butler; I was as close to him as I am to the Jury—my uncle did not say a word—I heard him say "I am not going to be talked to by b——things like these"—that was not said to the policeman; he said it to Mr. Butler—he did not exactly shout it out; he must have meant the police—the prisoner had hold of his collar then—my uncle is not in the habit of using language like that unless he is in a very bad temper; that is not very often—he is not very often in drink; I have only seen him in drink once, and he did not use bad language—if he is in a bad temper he swears now and then—he did not say that the police were monkey-laced—I only saw one woman there, a young woman, Mrs. Bower—I don't know whether she saw me get the slap; I don't know whether she was there when I ran into the constable; there were a lot of females outside the public-house—I don't consider it a rough neighbourhood—I did not see an old woman selling fusees turned out of the public-house—the police did not tell her to go away, that she was creating a disturbance—my uncle did not then come up and say "Do you want a charge?"—he did not call the police bad names; the police did not tell him to go away about his business, and he did not then say they were b——things; he did not interfere in any way.

The COURT. Just attend. You said before "George Baker then came up to the oil-shop and said 'What did you do that for?' and the prisoner said 'Mind your own business.' "Is that so? A. Yes. Then uncle said "Do you want a charge? "That was how it happened.

By MR. GEOGHEGAN. When I saw my uncle afterwards there was wet blood on his face; it was not trickling down—he was not smothered in blood, only on one side of his face—I saw his head bound up and plaister on it, not at his own house, he came into grandmother's—next day, Sunday, I went into his house—I did not go to the police-station on the Sunday—I do not know the superintendent of police, or any people connected with the police—I did not go and complain to any

person in authority that a man had slapped my face the night before—the first time I mentioned it was at Wandsworth police-court.

Re-examined. When I came out of the Rock I ran towards Wands worth; that was when I thought I saw my friend—when I found it was not my friend I turned back, and it was in running back I ran against the constable—I saw my aunt in the yard in front of the station—I saw her taken inside, into a door—this (produced) is the basket she was carrying.

By the COURT. I don't think I lived in Havelock Terrace so long as a year; I could not exactly tell the time—I did not say before "I have lived at Havelock Terrace twelve or eighteen months," they asked me the question and I said I could not exactly tell them—I said that my uncle and aunt were both sober—they did not use bad language—I did not hear him say "I am not going to be interfered with by a b——thing. "Hare and Cowdery were close to me when I ran into the constable—I said before that they were outside the public-house—I meant that they were standing near the public-house outside.

By MR. GEOGIIEGAN. I saw my aunt going up the steps of the station—I did not see the station closed upon her, it is never closed—I did not see her go through the doorway—I saw her on the top step, a policeman caught hold of me and told me to go out—I did not see her thrown down the steps—I had seen my uncle taken right in—there is one step first, and then eight or nine steps afterwards before you get into the station—I did not tumble down at the first step, if anybody says I did it is false; I went up the steps without falling.

By the JURY. It was in running back that I ran into the policeman—I was not noticing him, I turned round, I turned my head—the bother was taking place in the road just outside the public-house—the crowd was pretty near the public-house.

HENRY HARE . I live at 5, Ingelow Road, Battersea—I am a mason by trade—on the evening of 31st March last, I was in company with the last witness and Harry Cowdery, in the Rock public-house—we left between half-past 11 and a quarter to 12, and went towards Wandsworth—we did not go far up the road, about five or ten minutes' walk—we then turned and came back—Hannah Williams ran away from us; she had walked with us up to there, she ran into a constable, the prisoner he turned round and smacked her face—I saw a little bit of a row then; I saw Mr. Baker, as I know now, come up; I did not know him before—he asked the constable what he had done that for—I did not hear what he said, I heard him say that; I did not hear what the constable said, I saw him shove him, he started pushing him down the street, away from where the disturbance was going on—I saw another constable, 1 don't know his name, I have seen him at the station—I said to Baker "Come away, Mr. Baker, or they will lock you up"—I did not say "Mr. Baker, "Isaid "Come away, or they will lock you up"—he never said anything to me—then Mrs. Baker came up—at that time both the police men had hold of Baker—I did not hear Mrs. Baker say anything to the policemen, or anything said by one of them to the other—I stopped a little while, they went to the police-station as soon as she came up, pretty nigh—I stopped there, I did not follow on to the station—later on I accompanied Hannah Williams to her grandmother's to see about bail

—I was sober, so was Hannah Williams and Cowdery—the two Bakers Were sober.

Cross-examined. I met Hannah Williams about 7 o'clock—I did not stop an hour in the Washington, I never went in there, I was near it; I did not see her go in—if she says we went into the Washington and remained there nearly an hour it is not true—we went into the Rock House about 11 and stopped there, I think, about 10 minutes, not half-an-hour—if she says we stopped there half-an-hour, that is all wrong—the three of us came out together, and went for five or ten minutes' walk up the road, and as we turned to come back she saw some person she thought was her friend, and started running—I have been Hannah Williams once since the last trial, just outside the Park Town public-house, last Saturday—I have been her once or twice, but not to speak to her; I have seen her up the road and just nodded, I have not stopped and spoken to her, I don't keep her company—I have not been frequently in her company, not at all; I have not spoken to her about the case at all, or to Cowdery; he is a pal of mine—I have not spoken a word to him about it—I don't see him every day, I have not seen him three of four times a week—I did not speak to him about the trial, or about the evidence I gave—my story is that we three went up the road together, and then the girl turned round and ran into the constable, that was the first time she started running—when I told Baker to go away or he would be locked up, the two constables were holding him and shoving him about—I did not shove him; I pushed him away, to go away—I said to him "Why don't you go away?"—he was not objecting to go away; as soon as I shoved him the police got hold of him—I said "Why not go away, Mr. Baker, or they will lock you up"—the police were shoving him about then; they shoved him first, he stopped then—I did not see the constables clearing away a number of boys—I did not hear a disturbance about pails rattling—I did not see the policeman in the middle of the crowd moving them on; I heard no noise or swearing—at the time the constable slapped the girl's face he was not engaged moving disorderly boys about their business that I know of; I was not 50 yards away, I daresay I was as far away as from here to the back of the Court—I was not that distance from her—I saw the policeman smack her face—when she turned round she might have been us, because as soon as the policeman smacked her face I went up quick—I was there the whole time till they were taken to the station—I saw pretty nigh all that took place—I did not see Mr. Butler come up—I did not hear Baker say to the constable "Do you Want a charge? "Iwas not taking any notice—I did not hear Baker say "I won't be talked to by b——things like these"—I saw Mrs. Baker come up, she only put her hand on the policeman, and on Baker's shoulder, that was when he was in custody—I did not hear her say "If you take him you must take me, "Icould not swear she did not—I did not go to the station, I went to the Police-court the following Monday, that was Bank Holiday, I was called as a witness then—I say absolutely that I did not go into the Washington public-house—it is a music hall.

HARRY COWDERY . I am a labourer at the Gas Works, Nine Elms—on Saturday, 31st March, I was with Hannah Williams and Hare in the Rock—she left first; we all came out together about half-past 11—we crossed over to Butler's shop, crossing the Lockington Road, and she ran

into the policeman on the pathway in coming across the Lockington Road—the policeman smacked her in the face; I saw that—Baker came up when she was slapped, and asked the policeman, 200, "What did you do that for—he said "Mind your own business"—Baker said "It is my own business"—then they took him to the police-station—I saw Mrs. Baker; she had just come out of Mr. Butler's shop.

Cross-examined. I and Hare met Williams between half-past 6 and 7 that afternoon up the Battersea Park Road—I know the Washington; it is a music hall; there is a bar there—we all three went into the Washington, and remained there about an hour—we had drink, there is no doubt about it—we three loft the Rock, and were walking across the Lockington Road when Williams ran accidentally into the constable; I saw the man slap her face—I said at Wandsworth Police-court I did not see him slap her in the face, but she told me he had—I was con fused up there, being in Court for the first time—I am not confused to day; you can rely on my account—I saw Baker come up, and I could hear what Baker said, there is no doubt about it—I did not hear him say "Do you want a charge?"—I saw him marched off to the station—I went away up the road after they took him away—I was not close to him—I did not hear him say he would not be talked to by such b——things as these; nothing of the sort—I did not hear the other witness say "Go away," and push him—I did not hear him say "You had better go away or you will be locked up"—I did not see the constable clearing away some boys—I heard no disturbance, no tins rattling, nothing rattling at all—at the time the slap was given the constable was alone crossing the road; there was no crowd near him.

Re-examined. This is a busy place at night—there were about 10 or 20 people, roughly, about where the constable was.

GEORGE BAKER . I live at 25, Stewart's Lane, West Battersea—I have lived in this house two years, and have been in that road about 13 years—on Saturday night, 31st March, my wife Elizabeth was living with me, and I was in the employment of the South Metropolitan Gas Company as sawyer—I had not been at work that day—I went out. on this night with my wife, who was carrying a little hand-basket—we went to Mr. Butler's oil-shop at the corner of the Lockington Road and Battersea Park Road—on the other side of the Lockington Road is the Rock—I did not go with her into Mr. Butler's; I stepped inside the door, and said "Good evening, Mr. Butler," and walked out; I might have taken one or perhaps two paces inside—I came out, and waited there for my wife, she being in the shop; this was between 11 and 12 o'clock—while she was in the shop I saw policeman, No. 200, the prisoner, and 574, Lodes, driving some boys away, as I could understand, that had been rattling Mr. Butler's tins that were for sale outside the shop—as they were running after these boys my niece accidentally ran against No. 200—I did not know when she ran against the policeman who she was—she was then about 20 or 30 yards from Mr. Butler's, where I was standing, I should say; it might be less or more—she ran against him as he was returning, walking back, from chasing the boys—the prisoner turned and smacked her in the face with his open hand—when I saw that I went up and said "What did you hit that girl for—the girl turned, and I saw then she was my niece—he said "Mind your own business; what has that to do with you—I said "I will let you know what it has to do with me"—Lodes said "Come

on, let us charge him"—they then took me in charge—I said "I will go voluntarily with you to the police-station," and I walked with them to the station—they caught hold of me, and 1 walked with them quietly, because I voluntarily went; I had nothing to resist—my wife came out during the time this was going on; the police had got hold of me, and she asked me what was the matter, and what they were going to charge me for—the answer was "Mind your own business"—I cannot remember seeing Mr. Butler—then I walked to the station; my wife followed behind; she did not touch me or interfere with me at all, as I remember; she did not try in any way to rescue me—she followed to the station; I was taken into the station, and she was brought in afterwards by No. 496—at that time 1 had not seen her in custody, but soon afterwards she was brought in by Gallagher, 496, the constable outside the gate—as I went up the passage of the station to go into the charge-room, a man in a jersey, who I found afterwards was Constable Hester, stood there; as soon as I got into the police-station, Nos. 200 and 574 caught me by the arms and held me, and this man pitched into me—he hit me on the head, my hat Mew off at the first blow, I was hit four or five blows—I had done nothing to provoke him—I cannot tell what the motive was—I did not notice if I was injured at that time; I heard my wife-screaming in the passage—I was in the dock when she was brought in—the inspector was not there then, he came in behind my wife, at the same time—we were both in the dock—No. 574 made a charge of my being drunk and disorderly—I said to the inspector ".Do you really think I am drunk—he answered "Anyone is drunk that is brought here"—I wanted to explain things to him, and he told me to hold my tongue; if I did not hold my tongue he would put me in a cell and take the charge against me when I was not there—he took the charge—we were both removed to the cells—when I got to the cell I asked the inspector if he would get me bail, he said "Oh, yes, presently"—I gave the name and address of my mother-in-law, Mrs. Williams, as bail—the cell door was shut, and I was locked up—during the time the charge was being taken, my wife complained of 496 making beastly motions to her, I did not see him, I was appealing to the inspector, who would not let me speak; he would not take notice—after I was in my cell I heard Gallagher say to my wife "Oh, Tottie! how are you getting on? how should you like me in there for half-an-hour?"—I had not noticed in what state my head was till I got in the cell, and then perhaps four or five minutes after I was in the cell I found blood trickling down my head—up to the time of my being taken into the station I am quite sure I had met with no injury, because 1 walked along with 200—I had received no violence at all beyond the blows given me by Hester—when I found my head was bleeding, I went and sat down in the corner and held my head over the closet pan inside my cell—from the time I was first in the cell till I came out was about three quarters of an hour, as near as I could guess—Gallagher came and said "Your bail is arrived"—he unlocked the door of my wife's cell first, and then he came and unlocked mine, and we both came into the passage, Mr. Butler will prove this as well—I found Mr. Butler there, I had not sent for him, he bailed me and my wife out—I asked the inspector, in Butler's and my mother-in-law's presence, to allow me to have a doctor before I left the station—it is not true that when I was getting out of the cell, when I heard about bail, I knocked

my head against the doorpost and injured my head and fell back—Gallagher, at Wandsworth, suggested I might have done so—he states now 1 did do so when he came and told me about the bail—it is not true that I knocked my head against the post and fell back and injured myself—my head was injured by the policeman striking me—when I asked the inspector about sending for a doctor, he said "Yes, you shall have a doctor," and then he said "No, you shan't have a doctor; you can have one when you get outside"—when I got outside I went to Dr. O'Neill's, next door; he saw me and dressed the wound in my head, and then I and my wife went home—I noticed when my wife first came into the station she had this basket, it was booked in the charge sheet—my wife brought it in, there was a tin of salmon in it—when I went with my wife to Mr. Butler's shop I was as sober as I am now, and my wife also; I never knew her drink nothing on the quiet unknown to me—Hannah Williams appeared to be sober as far as I could see, for I had not much time to see from the time the policeman took me in charge till I was locked up—when I was first charged I gave my name and address—when I left I signed this book; this is my writing, and my wife signed this, "Elizabeth Baker," it is her writing—this is my ordinary signature, I am no scholar, it is as well as I can write.

Cross-examined. Before I wrote that signature I had been for three quarters of an hour alone in the cell—my wife went up to the counter in Butler's shop, and I stood half in and half out, on the step and nodded to Butler and said "Good evening"—it is not correct to say I went in with my wife and stopped there five minutes—I did not say to the policeman "Do you want a charge?"—if my niece says I said so as far as I know it is not true—I made no use of vulgar, abusive, insulting words to the police—I am not a saint altogether—I did not say to Butler in the hearing of my niece "I won't be talked to by b things like these;" if Butler and my niece say it, it is not true; I never saw Butler—Butler did not come up and say "Don't make a bother"—I don't believe I uttered such a word as "I won't be talked to by b——things like these"—I did not call the police b——things—if my niece says I did it is not true—if Butler says I did I should not believe it—I don't recollect Butler speaking to me—I don't remember a witness coming up and saying I had better go away or they would lock me up—I am not aware that he said "Why don't you go away?"—Hare or Cowdery did not come up and put his hand on my shoulder and shove me down the Lockington Road, and say "Why don't you go away or you will be locked up?" that is not true—when I got into the police-station there was a man standing in a jersey in the passage whom I now know as a constable—he never spoke a word to me—I had never seen him before to my knowledge; he was a perfect stranger to me—I never gave him any provocation or any reason to lay a finger on me—without the slightest provocation from me he hit me four violent blows on the head, without speaking to me; I swear that—the inspector wrote the charge down against me and took the charge against my wife in my hearing—I gave him my name and address—I had a conversation with the inspector, and tried to explain things; he would not listen to me—altogether it took perhaps more than five minutes—the blood trickled down my head; I have not my collar—I showed it to Mr. Montagu Williams—the wound was at the back of the head; the blood could have trickled down the

back of my head without my knowing it for an hour—it might have been ten minutes, perhaps it might have been a quarter of an hour, after the blow was given before I found out my head was bleeding; I would not say to a minute, being a little excited over the case. I could not say—it was not a quarter of an hour before the blood trickled down my collar—I say the blood might have trickled down the back of my head and I not know it—when I found I was bleeding I went and sat down on the seat of the closet in the corner of the cell and held my head over into the pan—I was not three-quarters of an hour in the cell—it was three-quarters of an hour from the time I was locked up till I was let out—I was half an hour in the cell; it might be more or less—it was about three-quarters of an hour from the time the charge was taken—I said at the last trial about three-quarters of an hour; I meant that it was three-quarters of an hour from the time I was taken into the station till the time I was let out—we were there a quarter of an hour while bail was being taken—we might have been at least half-an-hour in the cell—the blood was not running fast; it was a small punctured wound; I was not bleeding like a pig; I was smothered in blood about the head and collar; I had not lost a quantity of blood—I admit I said last time II When I found I was bleeding I could hear my wife speaking; I called to her and said 'These policemen have cut my head open.' She said 'Where?' I said "I cannot tell where; I am bleeding like a pig,'" that is a common saying—"I held my head over the pan in the cell because I was smothered in blood; my scarf was smothered in blood"—I adopt the expression that when I called out to my wife I was smothered in blood—there was wet blood on my face when I went to the doctor's; it was still trickling out of this punctured wound; the doctor stopped the bleeding—I do not suggest that the policeman had a knife in his hand—I had a punctured wound on my head, from which the blood flowed—when the inspector took the charge I said the constable had assaulted me—I said another constable made indecent gestures to my wife—574, 496, and 200 were present when the charge was taken; the man who struck me was gone then—I say that in the presence of the inspector 496 made indecent gestures to my wife—she complained two or three times to the inspector, who took no notice; he was writing, and looked round, but did nothing more; he never answered the constable, and then the inspector, in the hearing of the three constables, said if I was not quiet he would charge me in my absence—naturally I thought he could do such a thing, or I should have kept on talking—I had my hat on in the dock—the inspector would not let me talk—I asked him if I was sober or drunk—he said in the presence of the constables "Any person is drunk who is brought in here"—I said "I must speak about what happened since I came in here," and he said "Hold your tongue"—there is a gaslight in the passage; there is a light in the cell; I could not say if you could read by it—I could see the cell and see everything in it; I did not notice the lock of the door, not when I went in or out; I do not know that it projects in the ordinary way—I did not notice the electric bell in the cell—when Gallagher came to tell me bail had come he came to let me and my wife out—he opened the wicket and said "Bail has come," and he opened the door at the same time; Mr. Butler will prove that—when Gallagher let down the wicket I did not scramble forward and come with my head against the lock—there was a stone in the ring I was struck with, and he

took the stone ring off and wears a plain ring instead of it—I did not see it; I believe it; that is my allegation; 1 don't know that he had on a silver ring as well—I suggested, when I was before Mr. Montagu Williams, that the man had a ring with a stone in it; I did not suggest I had seen it; I have not seen it—I said he took off a ring with a stone; I am told that by people who say he wears the ring; I can fetch the people—a man named Light is one; he works in the gas works—he says Hester used to wear a stone ring—he must have had a ring on his right hand when he struck me; his knuckles would never have done what he did—I heard the doctor suggest that the only way that the puncture could have been caused on the top of my head was by a person wearing a ring with a stone in it, if it were done by hand—I told 200 and 496 I would go quietly to the station—it is not right to say the inspector went down the steps of the station and assisted me up; you are wrong; he states he helped my wife up, not me—it is not correct to say he helped my wife up the steps; he states so—he followed behind her into the station.

Re-examined. I did not see the ring on the man's hand when he struck me; Light tells me—when I speak about the ring having a stone in it it is an inference I draw from what I have heard—I signed the depositions at Bow Street in my ordinary writing.

ELIZABETH HANNAH BAKER . I am the wife of George Baker—on Saturday night, 31st March, I went out with him—we went to Mr. Butler's shop about half-past 11 or a quarter to 12, I should think—I went into the shop, my husband stood outside—I had this basket with me—I was dressed the same as I am now, I had no shawl on—I took the basket in the shop, I saw Butler there; I bought a tin of salmon, paid for it, and it was put into the basket—I then left the shop, carrying the basket with me—when I came outside I saw my husband standing in the road with two constables, who had hold of each of his arms; he was a few yards from Mr. Butler's shop-door—I went up to him and asked him what was the matter—he said the constable had struck Hannah, my niece, in the face; and he said "I asked the constable what he did it for, and he told me to mind my own business," and with that they took him to the station—the prisoner was one of the constables, and Lodes the other—my husband was perfectly sober—I had been in his company that evening—we went out and came home again, and I think we went out again about 9 o'clock to get something for breakfast—I was perfectly sober, I had had nothing to drink—as my husband went to the station I followed with him—I put my hand on his shoulder as we were standing—Hannah Williams followed too—on the way to the station I did not pull him at all, or attempt to rescue him, or touch the policemen—I saw my husband taken into the station—I went into the garden in front of the station—I was carrying the basket in my hand—after my husband had been taken in, Gallagher came down the steps, took me by the arm, and kind of put his legs against me, and tripped me on the steps, and I fell and hurt my side; the basket fell out of my hand—Gallagher took me into the station—a policeman brought my basket in, I cannot say who it was—when I got into the station my husband was sitting in the dock—I was placed in the dock—I gave my name and address, my husband did likewise—as I stood in the dock Gallagher was standing by the side of me, and he made beastly motions

to me with his eyes—I thought they were beastly motions, the way he was acting—I called the attention of the inspector, who told me to hold my tongue—I was taken to the cell—I heard nothing about bail—my husband was put into a cell—while in the cell Gallagher came to the cell-door and said "Tottie, would you like me in there for half an hour with you?"—I told him he ought to be ashamed of himself, and my husband called from the next cell and said "You scoundrel"—we were not locked up for a wonderful long time, we were locked up soon after 1 o'clock I think—I was told bail had come, and came into the station, where I saw Mr. Butler and my mother-in-law—we were bailed—when my husband was in the cell he called to me and said "Lizzy, my head is bleeding"—that was as soon as he got inside the cell—up to that time I had not seen any blood, because his hat was on—when I was told bail had arrived and came out I saw blood flowing down his forehead—I signed this "Elizabeth Baker" before I left the station that night—it is my ordinary signature, sometimes I put my two names; I signed my depositions "Elizabeth Hannah"—for shortness I sometimes put Elizabeth Baker—my husband wished for a surgeon, and the inspector told him if he wanted a doctor he would have to be answerable for it, and my husband said "I am quite willing to do so"—he told my husband to wait till he went out—when we went out we went next door, to Mr. O'Neill's, who examined my husband and dressed his wound—I was in the room at the time, then we both went home together—on Monday morning we were taken before Mr. Montagu Williams and discharged—I had never seen any of these constables before that night.

Cross-examined. Gallagher tripped me up on the steps and I fell, I don't say violently, but so as to hurt myself—I did not roll down a step or two, I fell on the steps—my dress was not injured, it was only a little dusty, nothing to speak of—there was jet trimming on my jacket, not on my dress; it was this jacket I have on now; it was not injured in any way—my dress was not disarranged at all—I went perfectly quietly, following my husband—in the station I was perfectly quiet too—it is not right to say I was screaming—my husband might have heard me talking—I went into Butler's shop first, my husband came to the door—he did go inside and walk out again—I did not notice if he went to the counter with me—I was in the shop long enough for Butler to serve me, and for him to come out to the door again—there were other persons in the shop besides me—I don't say Butler served me at once; he served me within five minutes—he was the only person behind the counter—other customers were there; I waited a little time, not so long—he was talking to the other customers while I was waiting—I paid him when he gave, me the tin; I cannot say if I required change—I said different little things to Butler; I don't think it wise to say them—I did not purchase anything else—I saw Butler come up to my husband after the constables had hold of him—I was a yard or two away from Butler then; I did not hear what was said, I was listening to a person who said to me "What a scandalous shame it is to see two policemen taking a man innocent"—Butler was talking then, I could not listen to two persons at once—I did not hear what Butler said—my husband did not say to Butler "I won't be talked to by b things like these"—I did not see a man put his hand on my husband's shoulder and say "Don't make a bother, or you will be locked up"—I did not notice that; I was talking to

people at the back—I said last time this man made beastly motions and beastly gestures to me—he looked at me and nodded his head; I cannot make the beastly motions to you in front of gentlemen; I don't think I could do in front of you what he did to me—he did it in front of the inspector; I called the inspector's attention, and he told me to hold my tongue—the inspector told my husband first to hold his tongue, and then he told me to hold mine—I don't know what he said to my husband; I had enough to do to look after myself—as soon as I got inside the cell door, my husband said "My head is bleeding"—I said "What is the matter?"—he said "Did you see the man in a jersey as I came in the station? he hit me on the head, and he must have had a ring on his finger, or something in his hand"—he said he was bleeding like a pig, and was smothered in blood—he said that as soon as I was in the cell—the cell doors were shut within a minute of each other—he was not in the cell five minutes before he found it out, there might have been a minute or two elapse—I said "Who done it?"—he said "A man in a jersey," and I saw the man in the jersey standing at the charge-room door when I went in—blood was streaming down my husband's face when we went to Dr. O'Neill's; I don't know if he was bleeding badly—his coat and collar at the back were saturated—I did not notice the front when he had his hat on his head—the collar of his coat and his linen collar were saturated with blood—the collar was very wet—he did not appear faint or drowsy; I did not notice much difference in him, he was a little excited—I was excited—I did not say to the police "You shan't take him unless you take me"—Gallagher came and visited me when I was in the cell—he did not lift the wicket and look through—he did not at any time ask me if I was all right—all he said was about "Tottie, would you like me to be in there?"—after my husband spoke to me and said he was bleeding, Gallagher visited me in the cell—I did not ask him to go for a doctor—I did not say "My husband complains he is bleeding"—I did not see an electric bell inside the cell; I had never been in such a place before—I did not call out for someone to come—I did not notice whether my husband did or not—I know Mr. Clench by going to his shop now and again—his father is a tradesman—I don't know if he assists in the business—I have seen him in the shop behind the counter, and outside the shop—he was called at the last trial for the defence—it is not true I called the police "a b——pack of curs"—I have not seen Clench here to-day—I did not see an old woman there selling fusees—I did not hear the police tell her to be off about her business because she was making a disturbance—there were a lot of boys outside the shop, and Mr. Butler came out to drive them away—before they were driven away I heard the tins being rattled about.

Re-examined. When we came out of the cells to be bailed, we both came out together—Gallagher came and opened the door of my cell first, and I stood while he opened the door of my husband's, and we went up from the cells together to have bail taken.

By the COURT. I said last time "I may have put my hand on my husband's shoulder and touched him on the shoulder," that is right—I did not call the police b curs, and say they ought to be hanged—if any one says that it is not true, it is quite false.

JAMES BUTLER . I keep an oilshop at 155, Battersea Park Road, at the corner of Lockington Road, the Rock public-house is at the opposite

corner—I have known Mr. and Mrs. Baker about four or five years as customers—I recollect their coming to my shop on Saturday night, 31st March, about twenty-five minutes to 12, Mrs. Baker came in first, and Mr. Baker came in; he stopped for a moment or so and then went outside again—I spoke to him; I simply asked him if he was better than he was; he had been ill—he said he was much better—just afterwards a little bother took place outside—Baker went to the door, and I went to the door after I had served Mrs. Baker; I heard a noise outside, and two policemen were chasing some lads from the lamp-post opposite my shop, at the Rock House—I did not see what occasioned the interference with the lads; I believe they were saucy, calling out, nothing more, there was really no bother, they were noisy, that was all—when I got out Baker had just stepped from the shop door to the pavement, then he crossed the pavement—Mrs. Baker had been served before I went round the counter; she was behind me as I turned to go into the shop again; then a customer came in, and I was serving him about two or three minutes, then I went to the door again, and saw a number of persons down Lockington Road, and Mr. and Mrs. Baker, she had hold of Baker's arm, and the two constables were following them down the street, at least, they had come to a standstill then—they were about fifteen or twenty yards down the street on my side of the way, that would be towards where the Bakers live, they were really going home that way; that would be their Way home—I went up and asked Baker what was the matter, and not receiving any reply, I asked him again, and the answer he made was he should not be talked to by a b——thing like that—I said "Don't have a bother," and he said "I won't be talked to by a b——thing like that"—I then went back to my shop—afterwards I saw them on the opposite side of the road—they were then some little distance further down the road, still followed by the policemen, and in a few minutes I saw them being brought back by the police—I can't say that both of them were in custody, Baker was—they were not in custody when he said he would not be spoke to by a b——thing like that—they were walking quietly when Baker was being taken to the station—in conesquence of what I saw, when I had shut up my shop I went to the station—I got there about twenty-five minutes to 1—I spoke to the Inspector and professed my willingness to bail them—I did not see Mrs. Williams, the mother-in-law, at that time, she came afterwards—I saw Mr. and Mrs. Baker brought into the charge-room; they both came almost together, Mrs. Baker first, from the cells, there may have been a moment or so between—496, Gallagher, brought them in; he was really the only one there in the station at the time—I remained in the charge-room till they were dismissed—when Baker turned round facing me and his wife, his wife stood near the dock and Baker opposite—I should say that the Inspector said "How came you by that? you had not that when you left the dock," meaning the state of his face—I saw blood down the left side of his face on to his coat collar—he said "No, a man in the jersey done that"—no, he said "a con Stable done that, "Ishould say; and his wife turned round and said "This one," meaning Gallagher—Baker said "No, not that one, one in a jersey struck me"—the Inspector said "Oh, you must have had a fall in the cell"—Baker said "No such thing," he had not—then afterwards he asked the Inspector for a doctor-between the time of

Baker being brought into the charge-room and leaving the station, Gallagher did not give any account to the Inspector of how the injury was done—I am sure of that, or else I should have heard it—some words passed between Mrs. Baker and Gallagher and the mother, I believe, what they were I don't know—nothing was said to the Inspector, because I stood between the constable and the Inspector—if Gallagher had told the Inspector how the injury was caused in the cell, I must have heard it, because I stood against the Inspector's desk—when Baker asked for a doctor, the Inspector said "You can't have one," or words to that effect—Baker said "I want a doctor, let the old woman fetch a doctor"—the Inspector was writing at the time and he turned round and said "If you want a doctor you must be prepared to pay his fees"—he said "That I can do," and he put his hand in his pocket—I asked him to wait and go and see the doctor next door—then the book was signed, I signed it and Mr. and Mrs. Baker, and they went away, and I went home—both Mr. and Mrs. Baker were sober—I have not the slightest doubt about it, especially the woman, because I saw more of her than Baker—he went to the door a moment or two after he was in the shop; there was no drink about him at all—I saw him in the charge-room when he was about to be dismissed; I observed him then, he was sober—no one could have made a mistake about it.

Cross-examined. I did not see the whole of this occurrence; I saw it at intervals—I had to return and serve a customer, and then went out again—I did not that I am aware of state at the last hearing that Baker was in my shop five minutes—I did not say he nodded to me; he came in behind his wife, and it may have been two or three minutes; I can't say it was longer than that—if I said he only entered the shop and simply nodded, and that he was in the shop about five minutes, that would certainly be wrong; he came inside, and I spoke to him about his health—the boys had not been banging my tins about; that was a mistake that arose last time—it is not correct to say that I went out to drive the boys away; if Mrs. Baker has said so it is not true—she saw me going to the door to protect my goods which were outside—the tins very often get knocked about, but there was really not what you could call a bother—Battersea Park Road on a Saturday night is not the quietest part of London; it is rather rowdy at times, and there is bad language at times, and very rough characters—I have baths and so on outside—very likely, as people go by, they have a knock at them, the schoolboys especially—they were not doing it on this Saturday night, I am sure about that; if they did I did not notice it—if any one gives them a tap I do not notice it; if they knock them down I do—it is not correct to say that I went to the door because I heard the boys knocking my pails about—when I went out I said to Baker "Don't have a bother," and he said "I won't be talked to by b things like these"—there is no doubt about that; if he denies both those statements I say what I have said is true—Mrs. Baker bought a tin of salmon—there were two other customers in the shop—I served Mrs. Baker—the boys were chaffing the constable; I don't know what words they used; I did not hear any swearing—when Mrs. Baker came in I was serving somebody else, and that would account for the man being five minutes in the shop; I can't say that he was five minutes in the shop—I was serving one customer when he came into the shop—I did not go to the station for half an hour after they were taken

—it is not correct to say that a crowd of 200 or 300 people followed them to the station—there were a lot of people about the Rock when they passed; that was the last I saw of them—no one was assisting the policeman—no one went to the station to give evidence on behalf of the Bakers while I was there—there may have been a crowd of 50 people.

Re-examined. When I said to Baker "Don't make a bother," he took no notice at first; he was engaged with his wife—she had him by the arm—the constable did not speak a word.

PATRICK JAMES O'NEILL . I am a registered medical practitioner, of 145, Battersea Park Road, next door to the police-station—about 1 o'clock on Sunday morning, 1st April, I was called up—I came down, and saw Mr. and Mrs. Baker—I opened the door, and let them in; I knew them—Mrs. Williams, the mother, was also there; they came into the house—there was blood on Baker's forehead, and a wound on the back of his head on the left side—a clot of blood was dry on the forehead, there was a little blood flowing on it, and the hair was damp with blood—I dressed the wound and sent him home—there was a slight abrasion and a small punctured wound—a blow with a signet ring on the finger would produce it—he was with me I should say five or 10 minutes—he was sober and his wife was sober.

Cross-examined. A man locked up in a cell by himself for half or three-quarters of an hour would probably have a sobering effect; a little bloodletting would relieve the head—the shock of being locked up would have a sobering effect—I had a cold, and therefore could not detect by sense of smell—they were not drunk; I could not swear whether they had been drinking; Baker was slightly drowsy—I have seen the cell in which Baker was locked up—the lock is about an inch and a quarter or an inch and a half raised from the door—there are four corners to the lock; two of them would go close up, and two would be left. (The witness Baker and Police-constable Hester were called, and placed shoulder to shoulder.) Baker is an inch and a quarter the taller of the two—a man struck on the head with a signet ring might have caused the puncture—the direction of the wound proves this, that the man was struck from the front, and he must have been stooping—if the man was pinned down by his two hands and holding his head up it would be an impossibility for the wound to be given it would be going round the corner.

By the COURT. A man's hand, unless there was a ring on it, could not have produced the wound I saw, which was an abrasion ending in a puncture; it may have been caused by a fall against the edge of a lock in a door.

Re-examined. There was no other wound or mark except on the head—the quantity of blood that would follow from the wound would depend upon his condition at the time—in an ordinary cool condition there would not be much blood come from him; the blood would be mainly from the puncture, the abrasion would not produce any, a puncture would bleed—a portion of the blood had dried on the forehead, that must have flowed and settled there for some time, dried and crusted; I should say that the blood that was on the forehead from the first time till I had to remove it might be a quarter of an hour, all the blood came forward—I could not say whether any of it dried on the head—there was nothing in their manner or demeanour to indicate, all the time they were with me, that they were not perfectly sober.

By the COURT. The man was drowsy, bleeding, and an hour's rest, and pain would tend to fetch a man round if he was the worse for drink; pain would not make him drowsy, it would tend to keep him awake—I came to the conclusion, as he said he held his head over the pan in the closet for some time, that that might make him drowsy—it might have arisen from the effects of drink; the direction of the wound was from before, backwards.

By the JURY. The flow of blood commenced from the forehead, stopped where the wound was, and went backwards—as far as I could see; I thoroughly examined him.

GEORGE BAKER (Re-examined). I produced my collar at Wandsworth before Mr. Williams (Undoing his collar and handing his cravat to the Jury)—I found the blood trickling down my back—I was wearing this cravat and collar at the time—the collar was produced twice at Wandsworth—it was washed afterwards.

HANNAH WILLIAMS . I am the wife of John Williams—I live at 23, Stewart's Lane, West Battersea—on Saturday night or early on Easter Sunday morning Gallagher came to see me about bailing Mr. and Mrs. Baker out, and I went there—Mr. and Mrs. Baker were brought into the charge-room together—it is not true that Mrs. Baker was brought first, and then that there was an interval, and Baker was brought in—they both came to the door together, Mr. Baker came first—I saw blood all down the left side of his face, streaming from his face—I said "George, whatever is the matter—he said "This is what the policeman has done, he has hit me on the head and cut me on the head," and he turned round and said "Fetch a doctor," and the inspector said "If you want a doctor you will have to send for one, wait till you go out"—he waited till he went out, and then we three went to Mr. O'Neill's together—I heard a constable in the charge-room tell the inspector that the injury to my son-in-law's head was done in the room—I did not say that last time, because I was not asked—they were perfectly sober—Hannah Williams was quite sober—I went into the doctor's with Mr. and Mrs. Baker; Mr. O'Neill wiped the blood off the side of his face, and then I went home with them.

Cross-examined. He was bleeding very badly down the left side of his face and down his forehead—when he went into Mr. O'Neill's I saw blood on the top of his head and the side of his face and his fore head, and where blood had run down the collar of his coat behind—Hannah Williams has been living with me from nine months old—she left me a little while—she left me, I should think, for four or five months, to live with Mrs. Barnes; it was not so long as 12 months—she and her grandfather could not agree; he has a bad temper—she was not living with me on Easter Monday when she was charged at Wandsworth—she came in and went away again—she went to her mother's for a night or two; it might have been to Mrs. Barnes's, very likely it was—15, Havelock Terrace is Mrs. Barnes's address—she had been living with me—I think she went away one night to sleep at Mrs. Barnes's, that was the Friday or Saturday—she was not living with me on the Saturday; she slept at Mrs. Barnes's on the Saturday—on the Sunday she slept with me—I will not swear she slept at my house on the Easter Sunday night; I expect she slept at Mrs. Barnes's that night—I believe it was before 12th May she came to live with me; I cannot positively say—she did not

come to live with me on 12th May in order to get a respectable address for the purpose of this inquiry—she came back to me on the Easter Sunday night—I believe she slept with me that night; if not with me she slept with Mrs. Barnes or with my daughter—she did not sleep with me, she might have slept in my house—she occupied a bed in my house to my knowledge—Mr. and Mrs. Baker came up from the cells together—Mrs. Baker came into the room first; they both came to the door together, but Mrs. Baker just stepped in first—I did not see if a constable brought them up—I kept my eye on Mr. Baker's head—I was standing against the inspector, and saw them both come inside the room.

Witnesses for the Defence.

MARY CHARITY COLBRAN . I am the wife of William Colbran, and live at 12, Raymond Street, Battersea—before this case I had no connection whatever with the police—I knew none of the parties in this case; all of them were perfect strangers to me, and, with the exception of seeing them in this case, they are perfect strangers now—on Saturday night, 31st March, I was out with my daughter shopping near Mr. Butler's—the Rock is just opposite his shop—as we were passing his shop I saw an old lady coming out of the Rock—she was selling fusees; she was the worse for drink, and was swearing to herself, I think—two policemen were coming up from the station, and came to the corner just as the old lady was going round—they spoke to her, and she went towards the police-station—the policemen were going across the crossing, and Mr. and Mrs. Baker and Hannah Williams were standing on the crossing of the Lockington Road in the middle of the roadway—they said something to the policemen; I did not hear what—the policemen walked away about three or four shops up the road, and the three people holloaed after them—they called them monkey faces first and then b——b——; one called them monkey faces and another b——b——they hooted and shouted after the police—the police returned, and told them if they did not go away they would lock them up—they did not go away; the police then took hold of Mr. Baker, who tried to get away—Mr. Butler came out of his shop while Baker and the police were struggling together; he came up, and went back to his shop—I did not hear what was said—when he was gone they got hold of Baker, and took him to the station; I followed them there—I saw no one else then in charge of the police—a lot of people and Williams and Mrs. Baker were following—outside the station Mrs. Baker was catching hold of her husband's arm, and trying to rescue him from the police, and she had hold of the tails of the policemen's coats; two policemen had got him then—she was trying to get Baker away—I saw a gentleman with a cape on, who I have heard since is the inspector, standing at the top of the station steps—he had no helmet on—afterwards I saw Williams; she fell down behind me—I don't know if she was trying to get into the station, and was pushed back; I was not close enough for that—I saw no one strike a blow—she fell down behind where I was standing looking over the railings—she was not pushed or knocked down, but she fell down—the others had gone into the station—Williams was drunk and the other two were drunk—I saw a statement of what took place in the paper; my husband read it out to me, and told me I should go as a witness—that is the reason I have been a witness on the part of the police—he said I ought to go up to the station and make a statement

—I did not see either of the constables molest or slap Williams in the face.

Cross-examined. I am quite sure I did not know Inspector Spencer before 31st March—I never visited him, and he never visited at my house before 31st March, when this occurred—I know Gallagher now; I did not before this occurrence—I was not drinking with him in the Rock before or since this occurrence—I have never been with Gallagher in the Rock—I was at the top of the Lockington Road—we had come down the Battersea Park Road from the Wandsworth end, and turned into the Lockington Road—as we were crossing the Lockington Road I saw the three persons, Mr. and Mrs. Baker and Williams; there is no mistake about that—I did not hear what they said in the first instance; they did not speak very loud, I suppose—they were speaking to the constables, both talking together; they were near the constables, opposite each other—the constables walked away, we stood still, and then I heard improper language used by all of them—first they said monkey face; I don't think they all said it at once; one said it one time and one another—they said b——b———; that was all I heard—the police went past several shops before they turned back; I don't know how many yards—there was no disturbance when they called out; it was very quiet at first—the fusee woman was turned out when they came up; she was coming out of the house when we were coming round the corner, and these three people were standing in the road she was not making a disturbance; she was swearing to herself; I heard her say "Devils" once; that is all I heard her say—all these three people were staggering drunk; they could not stand straight, and were staggering; I had a good look at them, and took stock of them—I never saw anything that Mrs. Baker was carrying, yet I had a good look at her—I am quite sure no boys were there creating a disturbance; I must have seen them if they had been; I did not see them—I did not see the police driving the boys away—the two constables returned, and took Baker into custody—the three people were still on the crossing when the policemen came back—one of the police, I don't know which, told them if they did not go away he would lock them up—I heard that—they got hold of Baker, he tried to go away, and they all scrambled up the road—as they went up the road the two women attempted to rescue him—there was a struggle and scrimmage, and while it was going on Butler came out—Mrs. Baker was attempting to rescue her husband, and was swearing the whole time—Williams was attempting to rescue Baker—they were struggling up Lockington Road—Butler came out of his shop and went a little way down the Lockington Road, so that he could see the struggle, I don't know what he saw—the police struggled to get back to the high road, struggled the whole time—they did not struggle opposite Butler's shop, as they turned the corner, they went on the Rock side—they were struggling then, the women struggling—a regular scrimmage took place—the women were drunken and violent—it would be false if any one said Baker was going quietly between the two constables—they went along the high road towards the station, the two women struggling the whole way—Baker was extremely violent, violently struggling with the police—I did not see him fighting with them—I said before "Fighting with him; they went down the road a long way; I describe it as a regular

sort of scrimmage or struggle, I thought he was making a violent attempt to get away, in which the other two were taking part"—that is correct, I did not see him fight that I am aware of; I did not see him because I did not go down.

Re-examined. It was a struggle and scrimmage; it was not a fight—I never had anything to do with any of the policemen in this case before this case—I came because my husband suggested it to me—the suggestion about drinking with policemen is false—the fusee woman said "The devils to turn me out"—I suppose she meant the people in the Rock—the struggle took place down the Lookington Road; whether Butler saw it or not I don't know; I don't answer for anybody but myself.

By the COURT. Before the police actually took Baker into custody they did not strike or push him, they never touched him at all.

FLORENCE COLBRAN . I am the daughter of the last witness—I am employed at Messrs. Spiers and Pond's Restaurant at Victoria Station—on the night of 31st March I was with my mother near Butler's shop, in the Lookington Road—I saw an old lady selling fusees; she came from the Rock—she was swearing to two policemen who were there—she went on her way—after that I saw the two Bakers and Williams standing on the crossing of the Lookington Road—they swore at the policemen after the old woman had gone—they called the policemen b——monkey faces, and b——b—; they shouted it—the policemen said "Go away, or you will be locked up"—they did not go away, but continued using this language—the police went away; the three persons stood there still shouting out, using the same language—then the police turned and came back and told them to go away, and they kept on swearing at them, and the police said if they did not go away they would be locked up, and they took Baker into custody and took him off to the station—Mrs. Baker and Williams tried to rescue him, took hold of the policemen's coat tails and pulled their arms—I followed my mother to the station—I saw Williams standing outside the station, and she fell down behind me and mother; I did not see anybody touch her at the time she fell down—she was drunk, and the two other persons, as far as I could tell, were drunk.

Cross-examined. I saw no boys there creating a disturbance when I first came up, nothing of the sort—the three were standing abreast on the crossing—as the police passed them they would be able to see all three—I have no doubt they were all drunk; they behaved as drunken people—any one could have seen they were in one another's company—before the police interfered with Williams, and as they were passing, she was swearing and throwing herself about—the police could see that—they walked on; all the three persons together used the bad language, and continued to call after them, and then the police came back—both of the policemen took Baker—they went at once towards the station—all five went a little way down Lockington Road struggling—the women were struggling too to rescue Baker—they and Baker were staggering drunk—certainly no one could have made any mistake about it—I saw Butler come out; I only knew him by sight—I knew he kept the shop there—he came out and went a little way down the road, spoke to Baker and tried to persuade him to go away—he and the women were struggling then—the women had not hold of the constable's and Baker's coat tails then—the women were swearing at the police; they were not pushing,

only taking hold of the policemen's arms and coat tails when Butler was there—after they went a little way down the Lockington Road they came back towards the station all struggling—the struggling went on very badly as they passed the corner by the Rock; it was there Baker tried to get away, a good deal of struggling was going on then—they were struggling all the way to the station—Mrs. Baker and Williams were behaving in this drunken manner all the way—I was near enough to see if Mrs. Baker was carrying anything—she was carrying no bag or basket—I think I should have seen it if she had had it.

Re-examined. She had not that basket at the time I saw her struggling—we followed behind—I should think Butler came out at 20 minutes or a quarter to 12—that was before the policeman asked them to go away the second time; Mr. Butler only came out once.

CHARLES JAMES CLENCH . I am a cheesemonger, and carry on business at 161, Battersea Park Road, within three doors of Mr. Butler—on the night of 31st March I remember the disturbance taking place in the road—I did not see the beginning of it—the first thing I saw was the crowd of about 100 or so persons going to the station—when I got to the station I saw the man and the constables—I saw Mrs. Baker inside the station yard—she called the policemen a b——y lot of curs, and shouted out "I will go wherever he goes"—Baker was then in custody being taken to the station—she was very excited—I saw her taken into the station—I saw Inspector Spencer on the station steps when they were taking Baker in.

Cross-examined. I knew Gallagher before this—he is not an acquaintance of mine—I was not near enough to see whether the woman was drunk—I am quite certain she was the person who used this language—I knew her before—there was a crowd of 100 persons, and I saw her inside the station gate, but not before that—I did not hear her use any bad language before she was inside the yard—there were two or three persons inside the station yard—there was only one woman there.

Re-examined. I did not see the beginning of this, all I saw was the crowd following to the station—the station yard has ordinary iron railings—the station is really a private house that has been turned into a station; there is a garden in front separated from the street by iron railings through which you can see—I could hear a voice say "You b——y pack of curs I will go where he goes"—no other woman but Mrs. Baker was in the station yard—although I know Gallagher as a nodding acquaintance I have spoken the truth—he is on duty in this district and passes my shop.

GEORGE BOXALL . I am potman at the Pavilion public-house, Battersea Park Road—we take in the special edition of the Evening Standard, and after we have done with it, just before we close, I take it to the station as a friendly act by the direction of my master, for the police to read—on 31st March I went to the station about ten minutes past 12, and into the charge room, which is on the right of the small hall as you go in, to leave the paper—I saw Mr. and Mrs. Baker in the dock—Gallagher was there—Mrs. Baker said to him "I will slap your face you white-livered cur;" and then she said "I will swing for the white-livered cur"—her husband told her to shut up—she was leaning against the dock—I should think she was drunk by the look of her—I did not think she was sober—I saw Baker leaning over the dock with his hat on talking to the Inspector—I only knew Hester as a constable at the station—when Baker and his wife

were in the dock Hester was standing in the passage behind me—he was not in the charge room at all.

Cross-examined. Hester was wearing a jersey—I go to the station nightly to take the paper, not to deliver beer; I take beer when it is ordered and paid for—they have beer from us—I was in the station six or seven minutes, I suppose, in the night room and charge room—I was by the door in the passage looking in—I say Baker was drunk, because he was leaning over the dock with his hat on the back of his neck, I don't say he was so drunk that he could not have stood but he was leaning over the dock—he was drunk, that is my opinion—Mrs. Baker was exactly the same as Mr. Baker; she was leaning and she was very saucy to Mr. Gallagher; those were the only reasons why I say she was drunk.

Re-examined. Baker was leaning right over doubled up—from the man's general appearance coupled with his attitude, I came to the conclusion he was drunk—the police spend about 4d. a night in our house, perhaps that, I don't know; we don't look on them as very profitable customers—I do not often hear sober women use such language as that she used—I should not think a lady if sober would use such language.

WILLIAM HESTER (Policeman 431 M). On 31st March I was 156 W—on that evening I was gazetted in the orders for change, and was transferred from the one division to the other—on the evening of the 31st March I was on duty—when Baker was brought in I had been off duty an hour and a half—I was wearing a jersey—I was standing at the top of the stairs leading to the men's kitchen just about to go to bed, when Baker was brought into the charge-room I was at the charge-room door—I did not enter the charge-room, it is not true that I struck Baker, I had no provocation to strike him—I had never seen him before, he was a total stranger—it is not true that I struck him on the top of the head—the last time I was examined I produced a ring, I am wearing it now, on my left-hand, I always wear it on that hand for the last four or five years, it is a round silver ring, there is no stone in it, it is not a signet ring—I have never worn a signet ring, or a ring with a stone in it—it is not true that I have exchanged or given away a signet ring with a stone in it—I was four and a half years in the Hull police before I came here, I came up to the Metropolitan Police.

Cross-examined. Baker offered me no provocation and I offered him none, I merely stood there as he was brought in—nothing at all passed between us—I was in plain clothes—there was nothing about me by which a person would notice that I was a policeman—I had nothing in my hands, no keys; I have some keys—the key of my bedroom door was not locked—I should say that Baker was drunk, if I had seen him in the street disorderly I should have taken him into custody for being drunk, if he was disorderly, I would not have interfered with him if he was not—he was so drunk that I would have charged him with being drunk—he appeared to be very unsteady in the dock, rolling about—I thought he was drunk from his general manner, from the way he was acting in the dock—I don't think anyone could make a mistake as to his state—he did not appear to stand steady in the dock—I should say that Mrs. Baker was drunk, she had a great deal to say, she was talking all the time, and was very thick in her speech, she lisped as it were when she spoke—I could hardly understand what she said—I did not

take much notice of what she did say, she appeared to be talking all the time—I did not hear her say to the inspector "Look at that man" (Gallagher)—there were three or four between us—it is a room about 15 feet square—I should have locked her up if I had seen her in the street, if she had been disorderly—I saw Boxall in the charge room and four or five constables.

Re-examined. Drunkenness in itself is not as a rule sufficient to warrant a constable in arresting a person, they must be either drunk and incapable or drunk and disorderly; if I had seen Baker drunk and disorderly I would have taken him; I only speak of my own opinion, in my opinion, these two persons were the worse for drink—the dock is about 2 feet 8 inches in height, and 3 feet by 21/2 in width.

By the JURY. There is a mark on my right hand, that is from a cut (The witness showed the mark to the Jury, who, after examining it, said it was clearly a scar.)

The COURT. Baker says "Hester, a policeman, struck me on my head with his hand as I entered the charge-room; my hat fell off, and then I was struck three or four blows with his fist"—Is that true? A. No, there is not a word of truth in it, I never touched him at all, that I can say positively. JOHN DALLOW (Policeman W 209). I was off duty on the night of 31st March—I saw Mrs. Baker in the station garden, the gate leading into the garden was closed—I saw Mrs. Baker inside the garden, at the bottom of the steps—I assisted to bring her up the steps—I saw her placed in the charge-room—I saw Hester standing by the top of the stairs leading down to the kitchen—he was there at the time I brought Mrs. Baker in—I did not see Baker placed in the dock, he was in the dock at the time I brought Mrs. Baker in—there is no truth in the suggestion that two constables pinned Baker's arms by his side while Hester struck him three or four blows on the top of his head—I heard Mrs. Baker say to the inspector, when she was brought in, "Do you see that, inspector?"—I saw Gallagher there at the time—I heard Mrs. Baker call Gallagher a white-livered b, she would like to swing for him, she would like to smack his face—I believe Boxall was standing in the passage at the time—Baker was drunk.

Cross-examined. I did not go down the steps to assist Gallagher, I assisted him after coming into the gate—Baker had then been taken in—when I got in he was in the dock, I did not see him taken in; I heard what Mrs. Baker said quite plainly, I had no difficulty in hearing what she said, she spoke distinctly—I did not hear Baker say to the inspector "Do you think I am drunk, inspector? "Ideny that he said it—I say Mrs. Baker was drunk, because she was staggering, and she smelt strongly of drink; I was close by her, I had her by the arm; I could not say that I was the closest to her; Gallagher had her by one arm and I the other—I could smell the drink quite plain—I won't say she was beastly drunk—I say Baker was drunk, by his hanging over the dock; he had his hat on at the back of his head—he had it on all the time he was in the dock, he was holding on by the dock; there is not much room to stagger in the dock; he was standing unsteadily, leaning over the dock; he threw himself about every now and then, pitching against his wife.

Re-examined. He was holding on by the dock rails in front, and

holding first one side and then the other—when I first came into the station I saw Hester standing at the top of the kitchen stairs—I did not see him in the charge room—when Mrs. Baker said "Do you see that, inspector?" 1 saw Gallagher—there is no truth in saying that he was making indecent gestures to her—I make reports to the inspector, and he reports to the Commissioner.

By the COURT. Mrs. Baker was quiet; two of us had to take her in—when she said "Do you see that, inspector?" she looked at Gallagher and nodded at him—I did not see that he did anything—I was standing close to him.

JOSEPH SPENCER (Police Inspector W). I have been in the Metropolitan Police 23 years and 9 months, beginning as a constable and rising up to my present grade—on the night of 31st March I was in charge of the Battersea Park Station—the two inspectors superior to me visit that station during the day, in addition to the superintendent—I should make a report to them if anything particular happened—on the night of 31st March my attention was directed to a disturbance in the street outside—I went out to see what it was, and down to the bottom of the steps—I saw the constables with Baker in custody—there were from 60 to 100 people I should say outside—it is a very rough neighbourhood, especially on Saturday night—I believe the constables had difficulty in bringing Baker up—no one was assisting the police as far as I could see—I went to assist them in bringing Baker into the charge room—he was placed in the charge room; I asked the nature of the charge, and Lodes told me that on passing the Rock he noticed an old woman outside with several people round her, that she appeared the worse for drink, and was making use of bad language; that they cleared some boys away, and requested the boys to move off, and that on doing so Baker came towards them from the opposite side of the street, made use of bad language, and asked them if they wanted a charge, and called them very bad names, b——monkeys, and b——bastards, that the prisoner told them to go away, and that they did not want to have anything to say to him; that he continued his abusive language; that they walked on to the extent of the ground they had to patrol (they have a limited beat on Saturday nights), that they then turned back and found Baker still making use of very bad language; that they requested him to move away; that he refused, and told them it would take a lot of such b——as them, and still proceeded with his bad language; that finding they could not get him away, and seeing that he was drunk, Lodes took hold of him and took him into custody, and that Russell went to his assistance—that was what was told me in Baker's hearing in the charge room—Baker made no statement in answer to that—a minute or two after Baker was placed in the dock Mrs. Baker was brought in—she called the police b white-livered s—ds, and made use of very bad language indeed, if anything, worse than Baker, in the charge room—in my opinion they were both drunk—when the men were coming through the station in the passage with Baker, Hester was standing just at the top of the staircase leading to the men's kitchen—I helped to bring Baker into the charge room—Hester did not hit Baker with his fist, he was not within three yards of him—that is absolute invention—Baker did not say to me "Do you think I am drunk, inspector?"—I did not say "Every person is drunk who is brought here"—I did

not say "If you don't keep quiet I will lock you in the cell, and take the charge in your absence"—I could not take the charge in his absence—it is nothing unusual for drunken men to give their names and addresses, or sign the bail sheet; those who can write invariably do so—I took Baker to the cell at the end of the passage—the woman was placed in the cell nearest the office by Gallagher—outside the cell there is a strong gaslight; inside the cell is an electric bell, and the prisoner who desires to communicate with the inspector presses the bell, and in front of my desk a bell rings and a red disc comes—the prisoners were locked in the cells; after Baker had been in some time he asked for bail—I sent Gallagher to Mrs. Williams—when Mrs. Baker said "Do you see that, inspector? "Ilooked up several times—I did not see Gallagher make any indecent motions to her—Gallagher has been 14 years in the force, not with me, in another division—Mr. Butler came in a minute or so before Mrs. Williams—I had a conversation with Butler—then I sent Gallagher to the cells to bring out Baker and his wife—when he came up to be bailed I noticed a small portion of blood on Baker's forehead—I said "You have some blood on your forehead; how do you account for it?"—he said "That was caused by a policeman in a jersey, who struck me"—I said "That is not so; I helped to bring you in myself, and you had no signs of blood on your forehead when I put you in the cell"—he said "It did not begin to bleed till afterwards"—he did not ask me to send for a doctor—just on leaving he said "I will go and see Dr. O'Neill next door, and see whether I am drunk or sober"—Gallagher was present when the conversation took place about there being no blood when he was put in the cell—Gallagher said the prisoner fell down in the cell, and he had no doubt that was how it was caused—he said in Baker's presence, "The injury was caused by his blundering up against the cell door."

Cross-examined. When I was assisting Lodes and the prisoner to bring Baker into the police-station Hester was present in a jersey at the end of the passage by the door; he took no part in the matter at all—he did nothing that could provoke Baker, or provoke any ill-feeling at all against him; he did not assist at all—I swear Baker did not say to me "Do you say I am drunk"—when Mrs. Baker complained to me I said "What is it you want?"—she told me he was making faces at her and laughing—I looked several times, but I could see nothing of it—I looked each time she applied to me—then I asked her what she meant—my memory is clear as to what occurred when the prisoners were brought from the cells after Butler and Mrs. Williams came—to the best of my recollection there was a minute or two interval between them when they were brought in from the cell—to the best of my belief the woman came in first, and the man followed a minute or two afterwards; I cannot say positively—Gallagher brought them—I don't think Gallagher came in with the female; she walked in, and I think he walked back, and unlocked the cell—I did not suggest that the man might have fallen down when I saw the injury on his forehead—I did not say before Gallagher mentioned it "Why, you must have had a fall; "I said nothing of the kind—I swear Gallagher gave an explanation of how the injury was caused that night in the Bakers' presence—Butler was in the charge room when they were brought in; I cannot say whether he remained till they were discharged or went outside; he might have remained in—the prisoner stated the

charge—after saying that Baker continued his violent language and seeing he was drunk they took him into custody, the prisoner said they were set on by Mrs. Baker, who followed and attempted to rescue—I am positive they spoke about clearing boys away—when they were in the dock Mrs. Baker used very bad language; I recollect some of the words; I heard distinctly what she said—I say she was drunk from her general appearance, from her way of speaking, and the very violent language she used, and before she was in the dock she was very unsteady in her gait—I noticed nothing beyond her violent language when she was in the dock—Baker was drunk also from his general manner in the dock; he smelt very strongly of drink; I said that last time; if not then I did at Bow Street—to the best of my recollection I said it here—Baker was staggering inside the dock—she was not steady in the dock—I saw the basket with a tin of salmon inside taken from her—they were brought in from the cells, and discharged after an interval of 50 minutes—the man had considerably recovered then; he was not sober on leaving; he appeared drunk then, but not so drunk as when he was brought in—Mrs. Baker was still under the influence of drink strongly—she was not sober, but had partially recovered; I should say she was drunk—both were still drunk; that is what I said before—I did not notice her breath; I was not sufficiently near to say she smelt of drink.

Re-examined. I have mentioned about Baker's breath before, whether the clerk took it down on the notes or not—the cells are about 5 yards from the charge-room door, as near as I could say—to the best of my recollection Gallagher brought the woman, left her at the charge-room door, and went back 5 yards to where Baker was—at the very most that would not have lasted over a minute—I believe the woman was first to the best of my recollection—last time Mr. Poland put to me they were staggering and reeling drunk, and I said yes—they were not sober when they left—I have seen people worse drunk able to give their names and an account of themselves, and sign; in fact, some can write better when drunk—I noticed a small abrasion and a small portion of blood on Baker's forehead when he was released, no lump.

By the JURY Nothing was said about the prisoner having struck the girl's face; it was never mentioned when the charge was taken or when they were bailed; I never heard about it till the charge was taken before the Magistrate on Monday—I am thoroughly acquainted with the cell—the cell door is 6 ft. 6 in. high—the lock would be about in the middle of the door.

By MR. GEOGHEGAN. A seat runs round the cell; it is like a plank bed, very wide, so that a person could sit on it; part of it fronts the cell door—the light is over the door looking in, so that if a person wanted more light he would sit on the seat opposite the door—it is about 3 yards from the door to the seat, I should say—almost opposite the place where the person would be sitting is the door with the lock on it—the lock is a stock lock, and projects quite an inch and a quarter—the door opens outwards

HENRY LODES (Policeman 574 W). On this night I was on reserve duty outside Battersea Park Road Station in company with the prisoner—I paraded up and down outside the station on Saturday night within a limit beyond which I might not go—our attention was called to a disturbance at the Rock; I did not see the old fusee woman, I was walking in front of the prisoner and heard him speak to someone, and I turned and

heard Baker say "I should think you b y monkeys want a charge"—I told him to go away, and told him we did not want anything to do with him, and he said he would not go away for such b—y monkeys, and it would want two such men as we; that we were nothing but black men's bastards—we tried to persuade him to go away; we walked a few yards from him and thought he would leave off—he did not, but kept on his bad language—I turned round, Mr. Butler came up and asked him to go away and not make a bother—he said he should not go away for any such b——as we were and that he should not be talked to by such b——things as we were—on that I tried to persuade him to go away, as we did not want to be obliged to take him into custody—it is a roughish neighbourhood, and it does not take much to create a disturbance—there were 200 or 300 people, I should think, gathered round—he went very violently to the station—I called No. 200 to my assistance—at the time I was holding Baker his wife came up and said we had got her husband, and we b—y well should not take him to the station she pulled our coats a good deal and hung on and said we should not take her husband—we got him to the station—Mrs. Baker was brought in a minute or two after we got in with Baker—the inspector came down the station steps and helped us up the station steps with Baker—about half-way to the station I saw Williams in the road—she said we had got her uncle, and we b—s should not b—y well take him to the station—Gallagher, I think, took Mrs. Baker into the station yard as I was just in at the station—she was very violent too, she said we had b y well got her husband there and should not take him in, no such b as we were—the prisoner met Gallagher about 5 or 6 yards from the station—I went up to the charge-room with Baker and charged him with being drunk and disorderly—he was very drunk—Mrs. Baker was charged with attempting to rescue and being drunk too—she was very violent in the dock—she used very bad language in the dock, and got out of the dock once—in my opinion they were both drunk—when the prisoner and I brought Baker into the charge-room, Hester was standing on the top of stairs leading to the single men's kitchen—I was there the whole time till the man was taken to the cells—I did not see Hester interfere in anyway with Baker, or strike him on the head—it is not true that we pinned Baker's arms while Hester struck him on the top of the head—it is absolutely untrue.

Cross-examined. I and the prisoner gave our evidence before Mr. Montagu Williams—I did not say a word there about the woman selling fusees because I did not see her—I was there when the prisoner gave his evidence; I cannot say if he mentioned a word about the woman selling fusees—after we first took Baker we went some few yards down Lockington Road—it was there Butler came and spoke to Baker who was then using very bad language, and violent—he was not struggling then—he was violent as he went past the Rock to get into the High Road again, he was not going quietly—I have no doubt about Baker being drunk, he was staggering drunk—Mrs. Baker was drunk, she could not walk straight, she was reeling about—I heard Baker when in the dock say to the inspector "Do you think I am drunk?"—the inspector said "Of course you are," he did not say "All are drunk who are brought in here," or words like that—when Baker tried to speak again, the inspector told him to be quiet—he is often obliged to say that—Baker

misbehaved himself greatly in the dock—he used bad language and could not stand upright in the dock—the first time I saw Williams was when we were half-way to the police-station.

Re-examined. It is not true that the prisoner turned round and slapped her face when I was there, there is not a word of truth in it—I did not see the fusee woman, I heard the prisoner speaking to some one, and then I heard Baker speaking to the prisoner, and I turned round—I was not represented by counsel before Mr. Montagu Williams—all I was asked was my opinion as to whether the man was drunk or sober.

PATRICK GALLAGHER (Policeman W 496). I have been twelve and a half years in the force—on this night I was on duty outside Battersea Park Road Station—about two or three minutes to 12 I saw a crowd coming towards the station, and I saw Baker in the custody of Lodes and the prisoner—Mrs. Baker came up behind her husband, caught hold of him by his coat collar, and said "You shall not take him unless you take me"—the prisoner pushed her off; she then caught hold of the prisoner by the arm and said "You b—, you shall not take him unless you take me"—the prisoner on that caught hold of her—as far as I could see she was obstructing the police—there was a great crowd of people after them—no person assisted the constables, just the reverse—I went to their assistance and took hold of Mrs. Baker after the prisoner had taken hold of her; he handed her over to me—she struggled—we put her inside the station gate which leads from the road into the garden—there are railings there, and persons outside can see what takes place in the garden—when we got her inside I shut the gate and then let go of her—afterwards I took hold of her and brought her into the station assisted by Dallow—when I got her into the station Baker was then in the dock—he said to his wife "You must have been a fool, you might have gone home and got me bail"—when she was placed in the dock she said "You white-livered b, I should like to swing for you"—while the charge was being taken she said "Have you seen," or, "Did you see that, inspector?"—I had not made any indecent gestures to her—I was in the presence of my superior officer and liable to be reported for misconduct by him—when the charge was being taken not a word was said about Williams's face being slapped—when I came in with Mrs. Baker, Hester was standing close to the stairs leading to the kitchen—when she was placed in the dock he came to the charge-room door and had a look through—he never came inside the charge-room—no complaint was made by Baker to the inspector of his being struck in the station, when he was charged—when Baker was being taken to the station the inspector came down the steps—I could not see if he caught hold of the prisoner, but he walked up behind him—I was sent for bail, which came a little before 1—there is a kind of wicket made of perforated iron in the cell door—I was on reserve duty that night, and went the rounds—drunk and disorderly persons frequently attempt suicide—we use discretion how often we go round and look at them when they are locked up—I went to Mrs. Baker's cell and looked through the wicket, and asked her if she was all right—she said "I am all right," in a very abrupt manner—I went to her husband's cell, and asked him if he was all right—he said "Yes, I am all right"—I then went for bail and came back, and then went to her cell first, and unlocked the door—I did not pass by Baker's cell to do that; his cell was at the end of the passage; he was No. 2 and the

woman No. 1—I told her bail had come, and gave her time to put her dress right, and then I passed to No. 2 cell, and told Baker bail had arrived—he was then sitting on the bench partly asleep and partly drunk—he gets up and staggers forward towards the cell door; his knees seem to give way, and he falls back as if in a fit—in my opinion he came against the door—when I saw him fall forward the wicket was open, but the door was shut and locked—I looked through the wicket—I then went and took Mrs. Baker to the office, which is on the same floor, only five yards from the cell, and then went back for her husband—I opened the door of his cell, and saw him standing with his head over the closet pan, stooping over the pan, and his head was bleeding—I asked him what was the matter—he cocked his head up and said "This has been done by some of Sir Charles Warren's by pups; I shall make them suffer for it; I don't blame you for it; it was a man in plain clothes did it"—I took him up to the charge-room, and then he was bailed out—he was sadly drunk, and Mrs. Baker was drunk, too, no doubt about it.

Cross-examined. When I first saw the Bakers I formed the opinion that they were drunk, because he was staggering, and his head was down, and she was staggering, and her language was not very parliamentary—I have heard sober people use strong language sometimes—I was in the charge-room when the charge was taken—I did not hear Baker say to the inspector "Inspector, do you think I am drunk?"—I will not swear that did not happen; I did not hear it—I did not say to Mrs. Baker when she was in the cell "Tottie, I should like to spend half an hour with you"—when I went to release the prisoners Baker got up and staggered towards the door—I came to the conclusion his head touched the look; I am positive that his head hit the door—I saw him in the charge-room before he was released—I noticed a bump on his forehead; I am positive as to that—blood was streaming from it—I saw a bump; some people might call it a bruise perhaps—I told the inspector in the charge-room before they were released how it happened, so that Mr. and Mrs. Baker and Butler, who was there, could hear; some people don't hear—in my opinion the Bakers were still suffering from the effects of drink before they left—they could not be sober; they were walking straight—I could not say if they went immediately to Dr. O'Neill's

By the COURT. Of course after 50 minutes Baker was a bit better

STEPHEN LUCAS (Superintendent W). I am acquainted with the characters of all the men in this division—there has never been a black report against any constable in this case—Spencer came as an inspector to me four years ago; he has borne an excellent character since then

NOT GUILTY .

The RECORDER said he entirely concurred in the verdict, and that Russell left the dock quite free from reproach.


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