The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-13 00:00:00

g LLESOWBN.
kLLEGED ASBAI7LT CASE.

At the Pollee Conn, at Hale•oweu, ou Tue..
di,. bolo(' lido," L Gene and J. Watson, Eli
P...iest wan changed vitli assaulting Isaac Gee, on the
I.it Mat. Mr. Stokes apoesred for complainant, and
j. Iforah;.,, for the defendant. Mr. Stokes said
that botk paitiee were employed by Meters. lioniee
an ii,oirton, and the complainant lived on the pre.
m 1,04 adjoining the warehouee. Defendant had re-
smutty bees employed by the arm and moms little

unpleasantness had occurred. Complainant aid not
wish for a Leavy fine, hut would ask that the defend- '
ant should he bound over. Complainant stated that
he was in the employ of Messrs. Homes and Hick-
ten, as a traveller, and resided in the house adjoining
the warekoape. While he was in the counting-house
defendant came in and began to alnlae Lim, saying
that he (complainant) was only a common fellow like
him, and used abusive language. Had not spoken
to him for three months previous. Defendant was
very excited, and made great noise; so much so that
winess'. wife came into the counting-house and
begged him to leave, and ho left. Shortly afterwards
11 had occasion to pass through the warehouse
to go to his dinner, and asked him what made Lim
I begin in the way he did, mid demanded an intim-
'
I thin, whereupon defendant sail, " Oh, you want a row,
ad Ion," and rushed at him and struck him on the
chest. Witness's hat fell otf, and defendant ran and
kicked it. He then struck witness a blow on the
neck, when witness caught him round the neck and
. held him. Defendant kept striking him. Witness
did not strike him again.
Cross-examined : I did say there Lad been no peace
in the establishment since defendant had been there.
I did not wish him to leave, I know that he is nnder
a five years' bond. Have not made any charge
• against the defendant of taking postage stamps. I
• did not sqy to defendant, " Who set you on." I did
not go down the warehouse for the purpose of mak-
ing an attack upon him. I did have not:ce to leave
on the Ist hist, but it has not been accepted. The
I notice was to have expired on the 31st December;
I but that will be settled elsewhere.

Re-examined : I did write to my employers to say
that nutil I got protection from the magistrates, I
should not enter the warehouse again.
. .

James Eield, foreman, said that defendant struck
complainant, and that he pulled his hat off, and sail
that he intruded to top the complainant, and knock
the wind out of him. Complainant did not strike in
rearm but held defendant's head under his arm until
Mrs. Gee came and parted them.
John Green, an apprentice, gave corroborative
evillence.
r. Hotufray, for the defence, contended that the
cause of the row wan that complainant was under
notice to leave, and that if Mr. Gee had gone into his
house instead of the warehouse, the row would not
have taken place. Complainant was re-called by the
Bench, and in ate,wer to them, he said he was in
bodily fear.

Defellaant was bound over, himself in £lO, and
tiro sureties of .2.5, to keep the peace for 6 months.

THE LATE CHARGE OF CUTTING AND
WOUNDING.

At the Poliee Conrt, on Tuesday, before Messrs.
E. Gem and J. Watson, John Beavaii was charged
witlinulawfully cutting and wounding Moses Guest,
on the tith alt.

Mr. Homfray appeared to prosecute, and Mr.
Stokes defended.
Our readers will recollect that the prisoner was
charged with the same offence on the last court day,
and discharged, but a fresh summons was asked for
by Mr. Homfray, on the ground that he had some
additional evidenco to produce.
When the prisoner was called upon to plead,
Mr. Stokes made an objection, on the ground that
prisoner had been charged with committing a felony,
and that he had been discharged. Had he been
charged with a common assault, the case would have
been different ; but as prisoner had been discharged
once for the offence of felony, he contended that he
could not be tried a Becloud time for the lime offence,
sod that the Bench had no jurisdiction.
Mr. Homfray contended that the Bench had a
right to hear any additional evidence he :might bring
;
forward.

Mr. Hayes, the Clerk, said that the 'Magistrates
had jurisdiction.
jr. Stokes remarked that it looked more like •
ease of persecution than a case of prosecution, and
maintained that the prisoner having been ;once dis-
charged, could not he tried again for the same of-
fence.

This was over-ruled by, the Bench, and the ease
proceeded.,.
_

The evidence of prosecutor and William Baugham
was then read over, and sworn to by them as true.
The following is the additional evidence adduced.
Frank Proctor deposed : lam a workman at the
Colliery, and was present when _the occurrence took
place. I was eating my breakfast !when Guest came
in, and he asked a boy to move from a seat. Fri.
said if he was the boy he should not move, because it
was the gainest place to pour. Guest told prisoner
to come and pour, and see what he should do. Pri-
soner used a foul word. when Guest stnick him on
the mouth. Prisoner threw a jug of beer in prose.
cator's face, and Guest struck him twice and threw
him against the side. Prosecutor then cried out,
" Oh, Frank, Ibe stabbed." I saw the knife in pri-
soner's hand, and they both rolled ou the ground to-
gether. . _ . .

Cross-examined: At the time they rolled together,
prisoner had got his food in one hand, and the knife
in the other. If prisoner had run at prosecutor and
stabbed him, I must have seen it. I did not gee pri-
soner stab prosecutor. Prisoner is a quiet man.
John Hush deposed : I was present when the row
took place. We began breakfast about half-past
ten. A boy was pouring, when the prisoner said he
would not pour it out, and made use of a nasty word.
Guest then struck the prisoner, who threw some
beer in his face. Guest went to prisoner, struck him
two or three times, and knocked him against the
side. They wrestled together, and when Guest got
up to come away, prisoner jumped up and stabbed
him with a knife. Guest cried out, " Oh, Frank, I
on stabbed." Proctor took prosecutor away. I
went to prisoner and took the knife MT him to look
at it, and I then gave it back to him.
. _

Cioss•examind: Proctor wits at the back of me,
and
_he could not see so wal as I could.

_
Mr. Thomas Standish, surgeon, Crsdley Heath,
said he was called in to see prosecutor on the 6th of
November, and found him extremely week and faint,
from a punctured wound on the left side, about in
inch in diameter, ant penetrated the cavity of the
chest. He could not say how far it went in. Very
little blood flawed. Prosecutor was under treatment
for three weeks.

Cross-examined The kuife did penetrate the
cheat about a quarter of an inch, and might have
beeu caused by IMOSOCUtOr fall* upon it.
Rush, re-called, 61641 that wheu tiuest got up, pri.
souer ran at him end stabbed him.

Police-constable Smith proved apprehending the
prisoner at the New Hawne Colliery. He charged
Mai with cutting and wounding Moses Guest, with
intent to do him grevious bodily harm. He did not
make any reply. Witness asked hint what he had
got in his pocket, and prisoner said he had got a
anife. lie pulled the knife out and gave it to wit-
ness. He did not see any marks of violence on the
prisoner's face.

Mr. Stokes addressed the Bench for the defence,
and contended that the wound indicted by the pri-
soner was done accidentally, and not wilfully, and
that the evidence was very extraordinary except that
of Rush, and no jury would convict on such evi.

The Bench consulted together for a short time,
when Mr. Gem toll the prisoner he had had a narrow
escape. Phey were going to give him the benefit of
the doubt and diseharge him, but recounnended him
to be more careful in future, and when he had a dis-
pute again:ovith any one, not to use a huife but his
fists.
Prisoner was then discharged.