Old Bailey Proceedings.
13th December 1841
Reference Number: t18411213

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Old Bailey Proceedings front matter.
13th December 1841
Reference Numberf18411213

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CENTRAL CRIMINAL COURT.

SESSIONS PAPER.

PIRIE, MAYOR.

SECOND SESSION, HELD DECEMBER 13TH, 1841.

MINUTES OF EVIDENCE,

Taken in Short-hand

BY HENRY BUCKLER.

LONDON:

GEORGE HEBERT, CHEAPSIDE.

WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.

1841.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of the Peace,

OYER AND TERMINER, AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT.

Held on Monday, December 13th, 1841, and following Days.

Before the Right Honourable JOHN PIRIE, LORD MAYOR of the City of London; Sir Edmund Hall Alderson, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of the Court of Queen's Bench; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Charles Fare-brother, Esq.; Thomas Kelly, Esq.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: John Lainson, Esq.; John Humphrey, Esq.; and John Kinnersley Hooper, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Tenniner, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

LIST OF JURORS.

First Jury.

Thomas Wilson

Simon Ward

John Smith

William Godfrey

Rice Jones

George Mortleman

William Lowther

Joseph Wassel

Edward Stone

Charles Stevenson

William Benson

Joseph Hicks

Second Jury.

James Cockerill

James Thornton

Joseph Tibbs

Thomas Tiverley

Evan Williams

Thomas Simpson

James Tidmarsh

Henry William Denman

George Stokes

William Lowden

James Willey

Thomas Wright

Third Jury.

John Ware

Ambrose Wibley

John Wright

Joseph Reed

James Wright

William Henry Young

John Sells

Thomas Alexander Stephen

Robert Thomas Wells

James Senior Butcher

Henry Turner

Robert Warren

Fourth Jury.

Edward Wrench

James Giles

Joseph William White

John Sbelverdine

Edward Jones

Thomas Southgate

William Snowden

Henry Nettleford

William Willis

William Winch

Philip Stock

George Whiffin

Fifth Jury.

James Sansom

William Lancaster

Robert Atkinson

Ebenezer Brown

William Byford

John Sands

William Wentworth

Benjamin Stowman

William Thurgood

John Johnson

James Archer

Joseph Eaton

CENTRAL CRIMINAL COURT.

PIRIE, MAYOR. SECOND SESSION.

A star (*) denotes that prisoners have been previously in custody—Two stars (**), that they have been more than once in custody—An obeliskthat a prisoner is known to be the associate of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, December 13th, 1841.

First Jury, before Mr. Recorder.

JAMES ROBERTS, JAMES LEE.
13th December 1841
Reference Numbert18411213-298
VerdictGuilty > unknown; Guilty > unknown
SentenceImprisonment; Imprisonment

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298. JAMES ROBERTS and JAMES LEE were indicted for a misdemeanor.

SARAH SELSBY BRADLEY . I am a widow, and live in Redman's-row, Mile-end. On the 21st of November the prisoner Lee came to my shop and asked for half-an-ounce of "returns" tobacco—after he was served the prisoner Roberts came in and asked for half-an-ounce of "returns" as well—he was served—when he came in Lee said to him, "Captain Roberts, when did yon arrive?"—he said he arrived with the night-tide, or morning-tide, which he pleased to call it, and that his ship laid in St. Katharine's Docks—Lee said to Roberts,"—You are little aware who you are talking to; you are talking to Mr. Rolls's sister, the plumber, of Wapping" (I am sister to Mr. Rolls, the plumber, of Wapping)—Roberts passed round Lee, and came round to a wicket-door which I have to keep customers away—I pushed him back, and told him what he had to say, to say over the counter—Lee told me not to be alarmed, for Roberts wanted to leave his watch, and I need not be afraid, it was all right—I pushed him again, wishing him not to come in, but he insisted on leaving the watch, saying if it was 50l. he should not be afraid of leaving it with me; that he was going out on a spree, and did not wish to take such a valuable watch with him; he would not take 20l. for it—he then pulled his ring off his finger, left the ring and watch, and asked for two sovereigns on them—he did not say the watch was gold—he said he knew my brother very well, he had done his ship—his name was mentioned, and on that condition I lent him 2l. on account of my brother's name being mentioned—I believed that he knew my brother—did not look at the watch, to ascertain the value—Lee said there was a great deal of interest wanted among the captains, to get work now, and he seemed rather huff and cross at it—I considered he thought my brother would have the work of the ship—I gave Roberts a sovereign, a half-sovereign, and 10s. in silver—I have since delivered the watch and ring to the policeman—I had seen Lee before, but not for five or six

years—I knew him as a painter, but never knew his name—I had never seen Roberts before in my life—I did not see either of them again till they were at the Thames police-office on the Tuesday week afterwards—Lee first called Roberts "Captain Roberts," and then he said "Captain Robert Brown, when did you arrive?"—I am quite certain of both the prisoners—they were dressed more like gentlemen than they are now—Roberts looked like a captain.

Roberts. It was after I got the money that the conversation passed about your brother—I merely borrowed 2l. you, without any representation on my part—did I make any representation? A. Yes, you said you knew my brother, and he had done work for you—you said that before I lent you the money.

Lee. When Roberts came in he asked for tobacco, I looked up, and said, "Well, Captain, how are you?"—no name was mentioned till he was going out—he asked where the governor was, and I said, "There is no governor, this lady is the sister of Rolls, the plumber. Witness. He said nothing of the kind—he said I was Rolls, the plumber's sister—I parted with the money on the representation that Roberts knew my brother, who had done work for him.

ROBERT HORWOOD VALENTINE . I am inspector of the K division of police. I have a watch and ring which I received from the prosecutrix—it is a very inferior watch—it is metal, and will not go—the ring is not worth a penny—the watch and appendages are not worth 5s.

GEORGE WILLIAM GRAVE . I am a sergeant of the K division of police. I have examined the watch, and appendages, and ring—I have been connected with the watch-making business all my life—my father was a watch-maker forty-five years—the intrinsic value of the watch is not 6d., but as a toy it may be worth a crown—the case would take a little time to make, but it is of no value—the movements are worth nothing—the chain is of no value, only plated, and the seals are of no real value—they are got up by Jews to be sold.

Roberts. Q. How long have you been a watchmaker? A. Twenty-seven years—I did not serve my time to it—since I have been in the police I have had hundreds through my hands—I cannot say what the case would cost gilding—I am speaking of the intrinsic value of the movements—it is a mere toy.

Roberts. The gilding would cost 5s. the works are worth 10s., and the chain is German silver; any watchmaker would give different evidence.

Witness. I know it is of no use—the key will not wind it up—it has the appearance of a jewelled watch, but it is only the representation of a jewel, only a bit of glass—I know the difference between diamond and glass—I will swear it is not diamond—I will not swear it is glass.

THOMAS ROLLS . I am a plumber, and live at Wapping—Mrs. Bradley is my sister. I never saw Roberts, and never did work for him—I know no Captain Roberts—I have known Lee by sight some years, as a painter, but never knew him by name, till he was at the Thames Police Office.

Roberts's Defence. I said I would not lose it for 20l. I cannot rebut the evidence, as she swears she was represented to me as Rolls's sister, but it was after I got the money, just as I was going out.

MRS. BRADLEY re-examined. I should not have lent the money if he had not made use of those words, and Lee said so as well—he said my

brother did the work of his ship, and he knew my brother well—he had whiskers when he came to my shop, but now he has none.

Lee's Defence. I have no knowledge of the watch; they went into a private room when it was pawned, and as he came out she said, "What name shall I say?" I never said a word about the watch myself; I never saw it till I was at the Thames Police-office; I did not know he was going to leave it; I was talking to her some time before.

ROBERTS— GUILTY . Aged 67.— Confined Nine Months.

LEE— GUILTY . Aged 40.— Confined Six Months.

JOHN TOOMEY.
13th December 1841
Reference Numbert18411213-299
VerdictGuilty > pleaded guilty

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299. JOHN TOOMEY was indicted for stealing, on the 3rd of December, 2 1/2 lbs. weight of currants, value 18d., the goods of Edward Wilkins, his master, to which he pleaded

GUILTY .

JOHN TOOMEY.
13th December 1841
Reference Numbert18411213-300
VerdictGuilty > unknown
SentenceTransportation

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300. JOHN TOOMEY was again indicted for stealing, on the 1st of October, 7 quarts of soy, value 4l. 260lbs. weight of currants, value 8l.; 100lbs. weight of pepper, value 8l.; 200lbs. weight of sugar, value 7l.; 90lbs. weight of candy, value 4l.; 190lbs. weight of candied-peel, value 10l.; 100lbs. weight of treacle, value 1l. 14s. 571bs. weight of almonds, value 5l.; 14lbs. weight of figs, value 5s. 56lbs. weight of lozenges, value 4l.; 70lbs. weight of rice, value 9s.; 40lbs. weight of allspice, value 28s.; 30lbs. weight of ginger, value 3l. 19lbs. weight of plums, value 1l.; 22lbs. of carraway-comfits, value 1l.; 3lbs. weight of gum. value 3s.; 1 bottle, value 3s.; 19 cannisters, value 1l.; 4lbs. weight of nutmegs, value 30s.; and 3 weights, value 1l.; the goods of Edward Wilkins, his master.

MR. CLARKSON conducted the Prosecution.

EDWARD WILKINS . I am a wholesale confectioner, at 57, and 58, St. John-street. The prisoner was in my service ten weeks as porter, at the time he was apprehended—he had access to the stock mentioned in the indictment, and could have taken it—he had been in my employ about two years before, for three or four years—I had a very high opinion of him, and recommended him to the police force, where he obtained a situation—about nine o'clock in the evening, on the 3rd of December, I received a communication from Mr. Caulfield, my clerk—he showed me some currants in his apron—the prisoner was present—he cried, and said it was the first thing he had robbed me of, and he had merely taken them for a Christmas-pudding—I gave him into the custody of a policeman—I afterwards Went to the station—the policeman searched him again there, and found about half-a-pound more currants in his pocket—his premises were afterwards searched, and all the articles stated in the indictment were found, all of which I deal in—the currants were in a bag, with the mark of one of my country customers on it—I can undertake to say that bag had been in my possession—there was more currants in another bag, and the liquorice was in in a paper stamped—I know the lozenges and other things—they belong to me, as they are marked with our stamp—I believe all the articles found belong to me—my stock is considerable—I should not be able to miss the articles individually—I should miss them in the whole—my stock has certainly decreased beyond my sales—(property produced)—when the prisoner was at the station-house he said he lived at No. 3, Swan-alley—in consequence of that statement I accompanied the police-officer to No. 3, Swan-alley,

but no such person lived there—I returned to the prisoner and said, "You don't live at No. 3, Swan-alley, you had better tell us the truth" he then said he lived at No. 6, Swan-alley, in the middle room—I went to No. 6 about half-past ten o'clock—I found nothing belonging to me in the middle room—in consequence of inquiries I made there I searched the front room ground-floor, and all the articles enumerated were found in that room—we do not deal by retail—we deal in all the articles found, and I believe the whole of them to be mine.

Prisoner. It is quite a mistake about a false address, I told him No, 6, in the first instance, and I told him I let the middle room, but did not live in it. Witness.—I am not mistaken—he said he occupied the middle room.

WILLIAM CAULFIELD . I am the prosecutor's clerk. I remember the occasion in question which called my attention to the prisoner—I communicated what I saw to the prosecutor, and afterwards saw the property which was brought from the prisoner's premises—I was shown two bags—there was pimento or allspice in them then—I know this bag—it had been sent to a country customer and returned—it is my master's property—here is my master's stamp on this liquorice, which denotes that it was made at my master's premises—I know this tin—it is used to put goods in, and has a label on it, printed purposely for us—there is nothing in the tins—they usually contain acidulated drops—we found no acidulated drops—the other articles are such as Mr. Wilkins deals in—nothing but the liquorice bears the stamp—we have a great quantity of the tins—here is another bag similar to the one sent to the country customer, and returned, which belongs to my master—the prisoner was never authorised to take any of these things away, nor the bags.

COURT. Q. How would the bags be sent back to you from the country? A. By the same conveyance as they went, and be brought from the wharf by porters—our porter would not go for them, nor take the goods out.

Prisoner. Q. Have you ever sold any of that juice? A. Of course we have sold some, but we do not perhaps send out 25lbs. in twelve months—our dealings are very large—our returns are from 40,000l. to 50,000l. a year—I cannot undertake to swear the juice was never sold—we never sell by the stick, nor do I believe we ever sold 2lbs. at a time.

JURY. Q. Did you have these lozenges during the ten weeks the prisoner was with you? A. Yes, and the acidulated drops, and all the other articles—I have no question but that he took these goods oat early in the morning, from the time he came in until breakfast-time, and at shutting-up time—he shut up the premises in the evening—he would have opportunities of taking the goods, packing them up, and taking them out.

COURT. Q. What was his duty as porter if he did not carry out goods? A. Cleaning up the warehouse, and helping in the manufactory—he took goods out sometimes, but since he has been back this time he did not take out many goods—we send out four or five cart-loads of goods in a day—Mr. Wilkins lives at No. 57—the prisoner would have access to Nos. 57 and 58 also—he was not left quite alone in charge of the premises of a morning, but he might be an hour or an hour and a half at No. 58 alone in the morning—his lodging was about two hundred yards from the premises—I can say that these particular sacks were in our possession within the ten weeks.

EDWARD WILKINS Cross-examined by MR. PHILLIPS. I have not sold

these articles to the prisoner—the allspice has not been sold at all—it is an odd weight—we sell 28lbs. or 56lbs. —they have not been sold, or I should not have found them in his place—I know them by the bags, and the papers are marked—I do not swear to the currants, but they were found in a bag of mine—we keep them in barrels and in bags—we occasionally send out the bags to customers—we have missed property of this description from our stock, but I was not aware so large a quantity was gone—they weigh in all 3cwts. and a half.

WILLIAM JOHN CLARK . I am in the prosecutor's service. I marked one of the bags produced previous to its going to the country customer about six months ago—it came back about the 1st of September—I have seen it on the premises after the prisoner came back—he came back in September—I can undertake to say the bag was on the premises after that.

Cross-examined by MR. PHILLIPS. Q. How did you take such notice of the bag? A. I mark very few bags myself, but being very busy I marked that previous to its going into the country—it is marked "S. A."—I swear I printed that myself—I have not marked twenty bags.

COURT. Q. Do you recollect the fact of doing it? A. Yes, as well as knowing my own writing—I marked it for Mr. Scott, of Ashford, Kent.

JOHN WATTS . I am a policeman. I was sent for by the prosecutor—I was present when the prisoner first gave his address, No. 3, Swan-alley—I am certain of that—in consequence of what he said I went with his master to No. 3, and found he did not live there—I made further inquiry, and in about three hours returned to the station—I said nothing myself about the address he had given, nor did the prosecutor in my presence—I afterwards went with the prosecutor to No. 6, and in the front-room ground-floor found the articles produced.

CATHERINE FIELD . I live at No. 6, Swan-alley, St. John-street—the prisoner occupied the parlour, which is the front-room ground-floor, with his wife and family—that is the room the things were found in.

(—Taylor, Surgeon, Vine-street, Hatton-garden, deposed to the prisoner's good character.)

GUILTY . Aged 35.— Transported for Seven Years.

GEORGE WESTON.
13th December 1841
Reference Numbert18411213-301
VerdictGuilty > pleaded guilty
SentenceImprisonment

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301. GEORGE WESTON was indicted for stealing, on the 1st of December, 2 spoons, value 1l. 16s., the goods of George William Adams and others, his masters; to which he pleaded

GUILTY . Aged 33.—Recommended to mercy.— Confined Three Months.

EDMUND TUCK.
13th December 1841
Reference Numbert18411213-302
VerdictNot Guilty > unknown

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302. EDMUND TUCK was indicted for embezzlement.

ELIZA SLIGHT . I am in the service of Mr. Matthew Ledger, of Hackney; he dealt with Mr. Seller for bread, which the prisoner brought On the 20th of November I paid him, on his master's account, 13s. 5 1/2 d. for three weeks' bread—he gave me a receipt, which I have.

Cross-examined by MR. PHILLIPS. Q. Has he signed your book? A. Yes, "Settled, E. Tuck."—the whole of the book is his writing.

SAMUEL NORMAN SELLER . The prisoner was in my employ, to carry out bread and receive money—he never accounted to me for 13s. 5 1/2 d. from Mr. Ledger—he should pay me the same night, when I go over the books with him—I give him a bill when he takes bread out—I have an entry of 13s. 5 1/4 d. in my ledger as due—I have not got it with me—this is a sort

of pass-book between me and the customer—he has not accounted to me for any money received at that time, nor any thing on their account—he has never brought me any money from Mr. Ledger since July.

Cross-examined. Q. Does your wife sometimes receive money? A. Yes—she is not here—she very rarely receives money—she has not done so on this account—if she had I should not have the bills to bring forward—this is the pass-book between the prisoner and the customer—the prisoner did not introduce me to his former customers—I did not, that I am aware of, serve any customers that were formerly served by him—he formerly carried on business about a hundred yards from me—I may have had customers who dealt with him, but not through his influence—the business I took had been much neglected in consequence of the person I took it from failing—I have got the custom back through my own trial, assisted by the prisoner—no one received money besides me and my wife—the prisoner had 12s. a week at first, and at the time of this charge he had 14s. if I had my book here I could tell how much he paid me on the 20th of November—I did not discover any thing wrong till last Wednesday week—I cannot tell whether my wife or I accounted with him on the 20th of November—she rarely did so, except I was in town—I was not absent above once or twice a month—I cannot swear he did not account with my wife on the 20th of November.

NOT GUILTY .

THOMAS BULPIT.
13th December 1841
Reference Numbert18411213-303
VerdictGuilty > lesser offence
SentenceImprisonment

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303. THOMAS BULPIT was indicted for assaulting James Peto, on the 27th of August, and cutting and wounding him on his left leg, with intent to maim and disable him.

MR. CLARKSON conducted the Prosecution.

JAMES PETO . I occupy a farm at Heston. One Friday, in August last, the prisoner was in my service, harvesting—he had been reaping corn for me, and had not done it to my satisfaction—I told him I wished him to alter it, and do it in a workman-like manner—he said, if there was any alteration required, I might do it myself—I told him I should not pay him until he had done it—he was at work with another man, his father-in-law—I then went into my house—this was about two o'clock—about nine, he came to the house, accompanied by his fellow-workman—I said I should not pay him till it was altered—he said he should not leave the house till he was paid—I went in, leaving him there, and closed the door—shortly after he rapped very violently at the door—I went out, and found him at the door, with his companion—I told him it was no use his stopping there, for I should not pay him till I saw his work done properly; if he would meet me in the field at five o'clock in the morning, if the work was then properly done, I would pay him for it—his companion heard what I said to him, seemed perfectly satisfied, and was going away—on his being about to go, the prisoner used some very bad language, and said he was a fool for leaving; he was not to be afraid of that fellow—he did not appear in the least intoxicated—his partner left, leaving him alone, and then he followed him—there is a gate before you get off my premises after leaving the door—when he used the bad language going out, I asked him what he meant, and followed him to the gate, and at the gate he said he would knock my b—brains out—he had a hoe in his hand, and swung it over my head at the time he used the expression—I had not offered any violence to him, or attempted to strike him—I did not observe any reaping-hook at

the time, if lie had one—he did not strike me with the hoe—I went up to him to take the hoe from him—Mr. De Carr, a friend of mine, who was there, came and drew the hoe from both of us—I was struggling for the hoe, and closed with him, in my own defence—I was within two yards of him when he swung it over my head—I merely went up to get the hoe, to protect myself, to prevent his injuring me—while we were struggling for the hoe, Mr. De Carr took it from us, and the prisoner then struck me with the reaping-hook—I felt a blow on my leg—I had not noticed the hook—I am quite certain I felt the blow on the leg before I fell down—I felt a sort of numbness in my leg, but did not know the nature of the wound—the blow did not cause me to fall—after the hoe was drawn from him, in the struggle, we fell together—the struggle continued after the hoe was taken, and I fell in the course of the struggle—it might be two minutes, or one minute, between my receiving the blow and falling—we had a pretty smart struggle after I received the blow—it was while the struggle was going on that he struck me with the hook—I did not see him strike me, or see the instrument he struck with at the moment—when I fell, I put my hand down, and felt the blood—the injury was two or three inches below the knee, in the upper part of my calf—I was wearing thin summer clothes—I am certain I did not receive the injury in falling, nor after I had fallen, but, in my judgment, a minute or two before—when I observed the nature of the injury, I turned round, and said to the prisoner, "You rascal, you have cut my leg, the blood is running"—he said, "Oh, no, it is not blood, it is mud"—it was not muddy or dirty where I fell—the blood was plainly to be seen—we had a light, which was brought up—I had got up when this conversation happened—Mr. De Carr put me into a chaise, and took me to a surgeon—the prisoner went away, and I passed him on the road—I met a policeman, and told him to take him into custody, but he was not taken till next morning—I am confident the cut did not happen accidentally in the scuffle, from the manner in which he spoke to roe before, and the way he threatened—the hoe being taken from his right hand, he had the hook in his left—after the hoe was taken from him I endeavoured to throw him down, to extricate myself from him—it could not have happened in struggling—I cannot say where his hands were in the scuffle—I have been totally unable to go about since—Mr. Emmett has been attending me.

Prisoner. Q. Did not you agree to give me 10s. per acre for the com? A. To the best of my recollection that was the agreement—I came to you every day—I found fault with you the last day—I am not aware that I struck you twice on the cheek-bone when you were down, and I on the top of you—you were down, and I on the top of you—I did not take hold of your left arm and left leg, and throw you into a ditch—you would not get up, and I lifted you up—when I got off of you I said my leg was cut—that was the first time I noticed it—I did not see your jacket all over mud.

MR. CLARKSON. Q. Did you feel the numbness before you arose and found yourself cut? A. Yes, it immediately followed the blow I received—it was on the part which afterwards turned out to be cut.

COURT. Q. When you lifted him off the ground, where was the reaping-hook? A. I believe, after he cut me, he threw it away—I did not see it when he arose from the ground—I received the blow about two minutes after the scuffle began—I do not think the blow could have been inflicted by accident during the scuffle, he having the hook in his hand—I do not

think it could have pricked my leg without a blow being made at me, from the nature of the wound—the wound was in the back part of my left leg—I cannot tell which leg was foremost in the scuffle—I never saw the reaping-hook myself—I cannot say who picked it up after the scuffle.

Prisoner. Q. Did not you come up to me in the king's highway, in a fighting attitude? A. I came to the gate, I am not aware I was in a fighting attitude? I did not come out of my premises till after you struck at me.

Prisoner. He followed me between twenty and thirty yards away from his premises, I walking backwards, trying to get away from him, and he would not let me, but closed me in by my bosom; the reaping-hook was in this hand; we both fell down, I undermost; he gave me two slaps on the cheek, then took and threw me down into the ditch; I was all over mud. Witness. I did not follow him off my premises, nor till after he struck at me—when he walked from the door to the gate he used very abusive language—I followed him about four yards—he had got through the gate—I was between the posts in the gateway, leaning against the posts, when he struck at me—I closed on him the moment he struck at me.

MR. CLARKSON. Q. Up to the time he struck at you with the hoe, had you offered any violence to him? A. Not the slightest, nor endeavoured to seize him.

EDWARD DE CARR . I am a friend of Mr. Peto's. I was at his farm at Heston on the 27th of August—I was at supper when Mr. Peto came in—after he was in doors there was a knocking, and he went out again—I heard some words at the doorway and went out—I found the prisoner and Henry Andrews there asking for money—Mr. Peto said he would pay them in the morning, after he had seen the work done properly, not before—the prisoner said he would be d—if he would not have the money that night before he quitted the premises—he placed himself by the water-tub opposite the kitchen-door—the other man seemed to be contented, and was going away—the prisoner used some abusive language to him, which I did not exactly hear, and when he was against the gate he called Mr. Peto a b—s—thief—Mr. Peto said, "What is that you say, you rascal?" and went towards the gate—I could not see whether the prisoner had any thing in his hand at the time, as it was dark—I heard him threaten to knock Mr. Peto's brains out—Mr. Peto went up to him, they struggled, I went up and took the hoe from the prisoner's hand, and threw it in the road—in about half a minute Mr. Peto fell on the ground—when he arose he said to the prisoner, "You villain, you have cut my leg"—I saw no instrument till after they got up—I then saw a reaping-hook lying on the ground, very near to where they had been struggling, and where they fell—it was not so near that they might have fallen on it—it was out of reach of where they fell—I put Mr. Peto into a chaise and took him to have medical advice.

Prisoner. Q. Was the hook bound up, or naked? A. Bound with straw—I did not see Mr. Peto strike you on the cheek, nor put you in the ditch by the side of the road—the point of the reaping-hook was not covered—I did not see whether you carried it before the struggle took place.

JAMES KING . I am in Mr. Peto's service. On the night in question, hearing a bother outside the door, I went out, and saw the prisoner by the side of Mr. Peto, with a hoe in his hand, holding it up, threatening to knock Mr. Peto's brains out—I did not observe Mr. Peto struggle to get

it—I saw Mr. De Carr take it from him, and after that Mr. Peto fell—he endeavoured to get up, and said to the prisoner, "You rascal, you have cut my leg"—up to that time I had not seen the reping-hook, but I then saw it down by the side of the prisoner in the road, by the side of the spot where the prisoner had been lying—I did not see him drop it—he picked it up, and carried it away with him.

Prisoner. Q. Did not you see him strike me? A. No, nor heave you into the ditch.

REUBEN HALL . In consequence of information I received on Friday night, the 27th of August, I went in search of the prisoner—I was not able to find him that night, but found him, about nine o'clock next morning, at the King and Queen beer-shop at Heston, on the Bath road, about a mile from Mr. Peto's—I asked him if he had not been working for Mr. Peto the last few days—he said, "Yes"—I asked if he had not had a bit of a tustle with him over night—he said he had—I asked him if he did not give him a chop with a reaping-hook—he said, "No, I gave him a chop with this hoe"—(he had a hoe in his hand)—and he said, "It served him right"—he did not say why—I told him he must consider himself a prisoner—I took him hoe" to Mr. Peto's—on our way to the station he said he did not cut him with the reaping-hook, but gave him a chop with the hoe, and he was very glad of it, for he would have to suffer as well as him—I said, "You would not mind whose life you took away then, so that you had your revenge"—he said he should not mind being hung for it, and he was sorry he had not cut his head in two—I am sure he said that—I produce the hoe.

Prisoner. This man swears falsely; he would swear my life away; he never asked me a question about the reaping-hook or hoe. Witness. Yes, I did.

CHRISTOPHER BROWN EMMETT . I am a surgeon, in partnership with Mr. Frogley—the prosecutor was brought to our surgery on Friday the 27th of August, shortly after nine o'clock—he had a wound on the back, and upper part of the left leg, below the knee, transverse, across the leg—it was not a circular cut, but a flat cut, and very deep, about two inches deep in one point, but not in all—that irregularity of depth was not caused by the roundness of the leg—it was deeper in one point than you would expect from that—the deepest part was on the inside—it was not a wound which, in my judgment, would be caused by drawing such an instrument as a reaping-hook across—I should think it more like a wound done with force—it might have arisen from a fall on a reaping-hook, if he had fallen directly on it—the first sensation, upon receiving a blow with a reaping-hook, would be numbness, from the violence of the blow—it is very probable that such a wound may be received, and numbness follow, and the party not be aware at the moment of his being cut—nothing is more common, and probably he would not for a moment or two be sensible of any violent pain—I have had some experience in such wounds—the cut divided the muscular fibre of the calf of the leg, and the integuments between the muscle and the skin, and the fascia underneath the muscle, so as to get very deep into the fleshy part, especially in the one part I have alluded to—it was certainly a wound calculated to inflict grievous bodily harm, and to maim the party receiving it—Mr. Peto has never been able to use that leg since, except with crutches—I believe he now bears a little on the toe of that leg, but it is quite as much as he does—up to within a few days of this inquiry his life has been in imminent danger, from the

time the wound was inflicted—it is only within the last week or ten days that he has been at all out of danger—I do not suppose this hoe could produce the wound, and for this reason, that, with that depth of wound, the external wound would have been larger when a wound is received in a fleshy part, especially in the calf of the leg, it gapes—I should say it is impossible this hoe could have done it—it was a more penetrating wound, especially in one point—more of a stab than a cut across—if it had been done with the point of this hoe, the external wound must have been much larger to penetrate two inches, because, to get the hoe in that depth, the surface would have been much broader than it was—it was certainly such a wound as might have been received from the point of a reaping-hook; and, from the testimony I have heard, I believe that was the instrument with which the wound was inflicted.

Prisoner to MR. PETO. Q. You paid Henry Andrews his 11s.? A. Yes, I paid him his part—I have not paid you yet—I paid you as you wanted money.

Prisoner's Defence. Mr. Peto was at me every day because I would not do day-work for him, which I was not obliged to do—he refused me my money, which was the only reason of this; but now he makes excuses that it was because the sheaves were left—he was more in fault than I was—the money was due—we worked seventeen hours and a half per day for it, and it was but 4s. 6d.—a day—when the work was done the money was due—the work was done correctly—all he was angry about, was because we would not do day-work for him—we never worked for him but those three days, and we were not obliged to do day-work for him—he never found fault with our work, but he came back in about a quarter of an hour, and said he would not pay us, because there were two or three sheaves left together, which ought not to be, but it was of no consequence—this would never have happened if he had paid us our wages—we waited seven hours and a half after the work was done, and it was half-past eight when this disturbance took place—I had a wife and child at home, and had only left 2s. at home—I wanted my money to take home—if the two or three sheaves were not right, why not have stopped 1s. it would not have taken any one five minutes to have altered them, but the work was done properly—I never struck him at all, I will be on ray oath—he hit me twice in the jaw, and threw me into the ditch.

GUILTY of an Assault. Aged 30.— Confined Eighteen Months.

NEW COURT.—Monday, December 13th, 1841.

Fourth Jury, before Mr. Common Sergeant.

MARY GAYNOR.
13th December 1841
Reference Numbert18411213-304
VerdictGuilty > pleaded guilty
SentenceImprisonment

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