The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-03-20 00:00:00

Xocal att pistrict getus.

CHARGE OF ASSAULT AND ATTEMPTED
HIGHWAY ROBBERY.
At the Public Office, on Tuesday last, before
R. L. Ereer, Esq., John Powles was charged
with assaulting and attempting to rob Mr. Jabez
Brooks, farmer, of Churchill, on thelth inst.
at Norton. Mr. Perry defended the prisoner.
Complainant said he lived at Churchill, and is
a farmer, Had occasion to coins to Stourbridge
on the above date. Returned just after twelve
o'clock at night. Called at the Glass-house, at
the Heath. Remained there about an hour.
Sent for some drink for the men. Left to go
home towards Norton, met tne ptisoner and
teo Meta, who came up to him. They made
all attack on him. Prisoner attempted to take
hold of him by his coat collar. He resisted, and
they threw him down, kicked, and punched him.
Don't remember calling out. They did not say
anything. They were coming from the direction
of Norton; and a policeman named Dugard
came to witness's assistance. He had the pri-
soner on the ground. The other two ran away.
Prisoner said, " I will give half-a-crown or three
half-crowns, if you will let me go." Ho said
the other two had drawn him into it.
Cross-examined: Had been to Stourbridge.
Had been drinking in Stourbridge. Went into the
Glass-house with a loan. The men were at work.
Do not know how long I stopped in the Glass-
house. Du not know whether the prisoner was
there or not. There were people sitting down
drinking. A policeman came into the
Glass-
house. Could not swear it was Dugard. Do
not know how long he waA there. Don't remem-
ber the prisoner offering to show him how to
blow glass; or any man showing him. Do not
know whether anybody went out of the Glass-
house with me or not. Never saw anybody come
out smith a piece of metal for me to blow. The
policeman walked a little way with me on my
road home. Heard some people go on the other
side of the road. Did not see the policeman
kick anybody The policeman did not go very
far with me. The wen I met made an attack on
cue. Did not run against one of the three men.
One of them did not fall down ; nor either of
them speak. I struggled with them. Do not
know whether I knocked anybody down. Two
men tried to rescue the wan Iliad on the ground.
The policeman came up in about two minutes.
Did not see but one policeman in the Glass-
house Supposed they intended to rob me from
the attack they made upon me. I have been
robbed in Love-lane More.
Police-constable Dugard said he was stationed
at Wollaston. Was on duty in Norton, about a
quarter to five on Saturday morning. Heard
some one cry out, " Knock me about IA much as
you like, but do not take my money." Hast-
ened to the place, and fouod three men knocking
the prosecutor about. When he got there two
of them ran away. Asked what was the matter.
'file prosecutor said "Three men have been
knocking ine about, and trying to rob me." His
face was besmeared with blood, and his hat was
Could not find the hat. Prosecutor was
standing ag dust some railing, with his boot on
the prisoner's breast. Prisoner was on his back.
Witness took hold of the prisoner, and charged
him with assaulting and attempting to rob Mr.
Brooks. He said "You do not mean to take me,
do you ?" Prisoner also said, "Those other two
that have run away got me into this scrape. 1
will pay anything if you'll let the go; I'll give
you half-a-erowu or three shillings."
Cross-examined : Have told all I know about
it. It was about a quarter to live. Had seen
the prosecutor in the Glass-house before that.
Had seen the prisoner there. Went in there
from information he received. Went in about
half-post three. The men were drinking, and
asked hint to have some beer, and had a pips
there. Stayed there about a quarter of an hour.
Sat down there, away from the other men. Mr.
Brooks did not send out for any drink while he
was talZI Puilre-CODStabie Hill was there when
Mr. Brooks left. Nothing was said in the
Glass-house about showing prosecutor how to
blow glass. The prosecutor was the worse for
drink. Did not kick the prisoner. Walked
with prosecutor as far as Parkes's farm. The
prosecutor had got the prisoner down, and had
got his foot upon his chest. The other two men
ran away.
Einanninel Collins said he worked at the
Glass-house, and lived at the Gigmill. Was at
work there on the day in question. Saw the
prosecutor there, after twelve o'clock. He ap-
peared to be very drunk. He was sick twice.
The prisoner told him lie had tried two pockets,
lint could not get anything. This was about one
o'clock. Prosecutor was not there when he left.
He had left once, and said he had been all over
the town.

CrJss-examined : They were setting pots in
the lass•house. There was some beer brought
in. Prosecutor spent 48 in drink. Saw Dugard
close on half-past one. Will swear to that. He
went out when prosecutor left. They left about
three o'clock. The prosecutor left once, and he
(witness) went as far as the ash-hole with him.
He came back in about a quarter of an hour, aud
Dugard came in after. Prisoner did show the
prosecutor how to blow the metal. Prisoner
came back, and said he had been kicked in the
bowels. Saw prisoner's brother, and told him to
go and fetch prisoner back. Did not follow
them. FAched the drink from Nibb's public•
house, at the Longlands. Did not go out but
Once.

Mr. Perry, in defence, said that the evidence
of Mr. Brooks was not worth a rush. He said
he went to Stourbridge about five o'clock in the
afternoon, on the above date, and stayed there
until twelve o'clock at night. He had been
drinking in Stembridge, it being market day.
On returning home he called into the Heath
Glass-house. He sent out for drink, but does
not know whether he saw the prisoner there or
not. He also stated that men, designing to rob
him, met him, and made an attack on him.
There should be some reason to believe that
there was some intention to rob him. He had
been previously robbed in Love-lane, and as a
burnt child dreads the fire, so a man when he is
drunk fancies every man whom he meets a rob-
ber, who is going to rob him. As to Police-con.
stable Dugard, who gave his evidence in a glib
and policeman-like manner, he says from infor-
mation be received he went into the Glass-
house, and did have some drink and some tobac-
co. He left the place directly after the prosecu-
tor, and, hearing a noise, went in the direction,
and saw the prosecutor struggling whit three
men. He goes up to them, and two of them ran
away, and he found the other on the ground on
his back, with prosecutor's foot on his chest.
One witness for the prosecution swore positively
that it was half-past one when Dugard came to
the Glass-house, and Dugard himself said it was
half-past three when he went there. Mr. Perry
said that that being the case, Di-ward's evidence
was not to be believed. Mr. Perry concluded by
saying that he should call a witness for the de-
fence, who would tell the Bench that prisoner
did go out to show prosecutor the way to blow
glass, and directly afterwards came back seem-
in great pain, and said sonic one had kicked him
in the stomach. He then went out again, and
followed the prosecutor and the policeman to
have his revenge on one of them for kicking
him. His brother followed him, and tried to
persuade him to come back; but he would not,
and they both went together as far as Mr. Hol-
croft's house, and on coming back they met the
prosecutor, who rolled up against the prisoner,
and knocked him down. Prisoner got up, and
prosector knocked him down again, and they '
then struggled, and seeing the policeman coming
the brother was frightened and ran away, leav-
ing the prisoner. If he proved these facts, he
should ask the Bench to discharge the prisoner,
as no jury would convict on such evidence.
James Puwles said he was brother of the pri-
soner. Was at the Glass Works on the above
date. Saw prosecutor come in about 12 o'clock.
There was some drink there, and Mr. Brooks
had some of it. Saw Dugard at a quarter to
one. He had some tobacco and some beer. The
prosecutor left about half-past four. Dugard
left with hint. His (witness's) brother and
another man went and got some metal for the
prosecutor to blow. He went out after them
with the metal. Directly after he returned, and
said he had been kicked in the stomach. His
brother then went out again. Witness followed
and overtook him by Mr. Davis's, and tried to
persuade him to come back; but he would not,
and they went on as far as Mr. Holcroft's. On
their way back they met prosecutor, who ran
against witness's brother, awl knocked him
down. The prisoner said, " What game is that
mate ?" and prosecutor said " What is your b—
game ?" and with his a,t, knocked the prisoner