CHARLES MACE.
19th October 1903
Reference Numbert19031019-785
VerdictGuilty > unknown
SentenceImprisonment > hard labour

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785. CHARLES MACE , For the manslaughter of Charles John Smith.

MR. BURNIE Prosecuted.

CHARLES HUMPHRIES . I am a carman, of 2, Flower and Dean Street—on Saturday, August 29th, between 10 and 11 p.m. I was with the deceased in Lonsdale Street in the East End—the deceased had had a decent, lot of drink, he could not stand properly, he was staggering—I had had a little drop also, I had had about thirteen or fourteen glasses of ale—I saw the prisoner at the corner of Thrawl Street standing with a young woman—he was sober, the deceased accidently pushed up against the prisoner, who turned round and asked him who the b----hell he was pushing of—the deceased begged his pardon and then walked on—the prisoner walked towards him and gave him a black look, he put rather a rough look on his face—the deceased said, "You need not look black at me, because you won't frighten me"—the prisoner made at him and made a blow at him—the deceased ducked his head, they both took off their coats and began to fight—I tried to part them, and the prisoner tried to smash me in the mouth and asked me what' business it was of mine—the fight went on, I do not know for how long; I was insensible—when I came to, I saw the prisoner hitting the deceased with his left and right hands on his face—the deceased was trying to punch back—he fell down in consequence of, the blows—Devine went and got some water—I tried to

pick the deceased up when he became conscious—he was not able to get up—the prisoner smashed him on the left side of his face and then walked into the lodging-house—the police came, and the deceased was taken to the hospital, and the prisoner into custody—I never saw no instrument used.

Cross-examined. You walked away when the deceased fell—I did not tell you to fight.

JOHN DEVINE (In custody). I live at 24, Thrawl Street, E., and am a dock labourer—on the last Saturday night in August, I was in Flower and Dean Street with two friends—I saw the deceased and Humphries—I had some conversation with them—I went on and they followed—in Thrawl Street I saw the prisoner with a female, who was sitting on the window of the lodging house—I heard quarrelling going on behind me—I looked round and saw the prisoner and the deceased quarrelling together, the deceased had his coat off, the prisoner had his on—I never saw no blows struck—I afterwards saw them go out into the road and fight, when they were fighting they both had their coats off—the fight went on for seven or eight or ten minutes—the end of it was that the deceased got a very nasty blow on the side of his head, he fell sideways—I went to raise him up, but could not, he was unconscious—I asked someone to get some water, but nobody did so—I got a can of water and tried to get him to take some, but it only ran out of his mouth—he was taken to the hospital—the prisoner went and sat outside the lodging house.

MORRIS LIMBERG . I am a provision dealer of 19, Lawsworth Buildings—on August 29th I was at my home, which is close to Thrawl Street—I heard a fight going on—I went out, I saw the prisoner and the deceased fighting, they fought for about ten minutes—the prisoner struck the deceased a violent blow on the neck, which caused him to fall face downwards on a man' hole—the prisoner went into the lodging house—the deceased was taken to the hospital.

JOHN WOOD (422 H.) About 12.50 a.m. on August 30th, I saw a crowd at the corner of Thrawl Street—I saw the deceased lying unconscious—I took him on an ambulance to the London Hospital—when I found him he had his coat off.

ARCHIBALD MOON , M.R.C.S. I am house surgeon at the London Hospital—about 1.30 a.m. on Sunday, August 30th, I saw the deceased, I found him to be quite dead—at the post mortem I found death had been caused by hemoerrhage over the whole surface of the brain, caused by a blow or fall.

JAMES BARNBROOK (351 H.) About 12.50 a.m. on August 30th, I went to this lodging house in Thrawl Street, where I found the prisoner—I told him he had been fighting in the street, and said, "Do you know what you have done, the man is dead"—I told him I should take him into custody—he said, "It was a fair fight"—I took him to the station.

SAMUEL LEE (Police sergeant H.) About 7.30 p.m. on August 30th, I saw the prisoner detained—I told him he would be charged with the manslaughter of George John Smith—he said, "It was a fair fight."

THOMAS JONES , I am a registered medical practitioner, of Leman

Street—I saw the prisoner at the station, and found marks upon him which would be consistent with his having been engaged in a fight.

The prisoner, in his defence on oath, said, that the deceased started abusing him and struck him on the mouth; that they took off their coats and had a fight; that he knocked the deceased down two or three times; that the last time he fell he (the prisoner) walked away; and that it was a fair fight.

Evidence for the Defence.

SARAH SMITH . On this Saturday, between 12.30 and 1 a.m. I was with the prisoner in Thrawl Street—three men were standing there, the deceased being one of them. (The witness here became faint, but on recovering said that she wanted to say that the fight was a fair one).

GUILTY . Two months' hard labour.


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