The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-23 00:00:00

EYTRAORDINARY CHARGE AGAINST

THE SON OF A COALMASTER.

At the Old Hill Police Court, on Wednesday last,
before Messrs. F. W. G. Bans and Noah Hingley,
Thomas Dunn son of a coalmaster, residing at Neth-
erton, was charged with stealing a mare, valued at
£6O, the property of William Mallen, farmer, of
Portway, Rowley Regis. Mr. Motteram, barrister,
of the Oxford Circuit (instructed by Mr. E. M. War-
mington) defended.
Prosecutor stated that the mare was safe on the
night of the 12th just, but he missed her the follow-
ing morning. She was in a tiehl. He found the mare
at Tewkesbury, on the 14th. She was in the posses-
sion of the police, and was worth £6O.
Cross-examined I have not particularly heard of
the prisoner being of weak mind. I heir ' a little
last night. lam a member of the local ociatiou
for the prosecution of felons, and some of the officers
told me last night that prisoner was not right. They
told me they had made enquiries.
Mr. Motteram: This prosecution is being conduc-
ted by the association ?-1 think so; I am not quite
sure. I expect they will pay the cost of these pro-
ceedings.
Mr. Motteram : Now have you not been told by
the officers that they had made inquiries, and that
the answers they received induced them not to pro-
ceed in the case, and that they should leave you to
take your own course?
Witness (after some hesitation) Yes.
Mr. Bans (sotto Ewe) : That will have no effect
in this case.
Mr. Hingley It is a fair question. We want to
get the truth.
Replying to Mr. Barn, the learned counsel said : I
am not so sure it will not affect it. I have a duty
to perform to my client. To witness Who was it
you saw last night?
Witness : I cannot say.
Mr. Hingley Who told you you must take what
course you liked?

Witness No one.
Mr. Hiugley : But you told us just now that some
one did.
Witness again hesitated, and Mr. Motteram de-
clined to question him further.
James Bonnie, wagoner, in the employ of prose-
cutor, said he tnnied the mare into the field about
half-past seven o'clock on the night of the 12th, and
fastened the gate. The next morning about half past
five he went to the field and saw that the gate was
off its hinges, and the mare was gone. On the 12th
about half-past six he saw the prisoner on his master's
fore-draught. Prisoner asked him who owned several
Pits in the neighbourhood, and witness told him, and
he went away.
Thomas Whitehouse, Northfield, farmer and cattle
dealer, stated that he saw the prisoner with a black
mare at Tewkesbury fair, on the 13th inst. He asked
whose mare it was, and prisoner replied, 'Mine."
He said he would sell it for £35. Prisoner said he
came from Fearnell Heath. Witness valued the
mare at £5O, and, not caring to "close," he left the
prisoner, He subsequently heard that the animal
had been sold for £2O, and he asked the prisoner if
it was so, and he replied in the negative. He said
he would take £25 for her. Witness thought there
was something wrong, and he said to prisoner, "1
know Fearuell Heath well enough, but I don't think
you have a place there." Prisoner replied, "I have
got another at Bromsgrove. It is next to Mr. Guise's."
Knowing Mr. Guise, witness said, •• 1 will give you the
inice you ask for the mare. We will pat her on the
train anti go tip to Bromsgrove, and if Mr. Guise says
he knows you, and that it is your mare, I will have
her and pay all expenses. He would not consent to
that, and witness again left him, and informed the
police.
Mr. Hingley : He had previously sold the horse,
hadn't he

Witness Yes, Yes, sir.
Cross-examined: A man told me he had purchased
the horse to sell twain, and if he got more than £2O
they were to divide the extra. Prisoner in no way
referred to his having sold the horse when I went to
him the second time. I did not ask if he recollected
selling the horse before. I concluded there was
something wrong owing to the low price he asked for
the mare. I have had dealings with a person who
stole a horse and some cows. I purchased the
cows.

Se-
•rgeant Thomas Whiteman said he saw the pri-
soner in Sun-street, Tewkesbury, tint' questioned hint
OHM the horse he had with hint. The answers
given were not satisfactory to hint, and he appre-
hended the prisoner, and took hint and the horse to
the police- station. He said his name was Jameson,
that he was a farmer, and lived near Birmingham.
He said the mare was his, and M had a farm next to
Mr. Guise's. Witness asked wits he wanted to sell
the mare so cheap, and prisoner replied, " He is a
kicker. and I want to get rid of him." He said his
name was •• Jameson " when witness first spoke to
hitu ; lad at the station he said his 1111111 t. was Thomas
Dunn, of Netherton, near Dudley. He further said
—"I bought the horse last night, when I came out of
the Woolpack mu, Dudley, for £16."
Cross-examined : He might have said his name was
"James Dunn" when I fast spoke to him; lint I
thought he said" Jameson."

Pressed closely by the learned counsel, the sergeant
said he was nimble to say which of the answers given
by prisoner Wits unsatisfactory."
Mr. Motteram : Do you think a loan of sound
mind would offer to sell such a mare for £2O?
Witness: I don't know.

Police-sergeant.Baldwim stationed at Blackheath,
said he went to Tewkesbury, and saw the prisoner in
the police cell. After cautioning him, prisoner said,
I bought the mare at Netherton about eleven o'clock
on Tuesday night, and I gave LB; for her."
_ .

„
In defence, Mr. Motteram said this was certainly
a case of very painful character. Here was a
young man, the son of a very respectable coal-
master in that district, charged with stealing a
horse. The answer he was going to make was
that the prisoner is now, and has been for some
considerable time, of weak intellect. He re-
gretted that one of the magistrates at the outset
let fall a remark which led him to believe that
their decision in the case was a foregone con-
clusion. It was not a proper remark to make
before the defence was opened. It was competent
for the magistrates, after hearing his witnesses,
to send the case for trial, and it would be competent
then for him to make his defence to the jury, and
they might acquit him altogether, or acquit him
on the ground of insanity. They all knew what
followed. But it was not only open to the jury,
but it Was also open to that Bench, and they
could exercise their functions that day, and say
whether the prisoner should be committed. He
should trace the prisoner from his childhood. He
(the prisoner) might be of the greatest assistance
to him father, if his mind was as strong as his
limbs, but it was his misfortune to have a weak
mind, and he was not of the slightest use to his
father. In his earliest years he displayed weak-
ness, and at one time he was sent away on a visit
to some friends, in the hope that he would become
altered for the better. After an absence of two
years he returned home, but there was no change
in hin, and as he grew up his body became stronger
and his mind weaker. His father put him at one
of his collieries to do some kind of menial work,
and even there he had to be watched. The men
and boys took no notice of him. They treated
him, not as an absolute lunatic, but as an imbecile.
His general conduct showed that he was in that
state. Not many months ago he was standing
upon a load of timber, when he fell down, and re-
ceived a heavy blow on the head, and the shock
aggravated his condition. He was taken home
for dead, but under the treatment he received
from Mr. Mainwaring, a local chemist, he was
brought round. One could well understand that
a concussion acting upon a brain like the prisoner's
would not improve it. Bad as the prisoner was
before the accident, he was worse now, and in
support of that two medical gentlemen would be
called. The prisoner's misfortunes had culmi-
nated in the unhappy position they now found
him. His conduct at Tewkesbury alone showed
that he could not be of sound mind. But he
should call witnesses who had known prisoner all
his life, and he should supplement that by the
evidence of Drs. Higgs and Timmins, and one of
thew (Dr. Higgs), who was one of the Union
medical officers, said if Dunn was in the poor
house, he should have been placed in the lunatic
ward and say he was demented. He (Mr.
Motteram) was quite aware that he was address-
ing gentlemen who had only to be convinced that
a prima facie case was made out, and they would
send it to the sessions. But in that case, after
considering all the evidence, and what he should

produce, if they iseillim=llMioarri the conc I
' jury would not convict him, the • .
should exercise their functions and refuge to
0111 mit the prisoner for trial. It was entirely IA&
the Bench to form an opinion as to whether
jury would convict the prisoner, and he had to
hdh eood he ad lu
vras
other children. He was stupid and
eulatothkelliWtill
ask the magistrates to carefully weigh the mitt*
on behalf of the young man, who, he hoped, woese
be spared the pain and humiliation of being teiTt
elsewhere.—Ricluthd Main ' , chemist
prisoner from
receress,
druggist, Netherton,
a child.etherton, In
n childhood
When asked questions he would sometimes sot
answer, and at other times he would answer
monosyllables. He would give an unmeants,Z
idiotic smile for an answer. At the-.
of 13 prisoner was sent to Tamworth to 'lee isle
would be altered, but he returned after two
absence, and there was no improvement,
intellect was as weak as before. His &thee hod
never been able to place him in any revel**
position. About three months ago her withal
accident, and he received a severe blow cee
head, and since that time witness had noticedeat
he was worse. He was of opinion the prisoner oee
of weak mind, amounting to imbecility.
Moses Crew, manager of Messrs. Dunn.e Wham
said he had known the prisoner since he wax a hey
and he always considered him of weak mind. Ire;
conduct and demeanour supported that heist
Witness had known him to laugh and run awe,
when asked to do something at the colliery. 14
had frequently had occasion to speak to hint et
the singularity of his actions. He had often leo
saliva coming from prisoner's mouth whentalkhig
to him and other persons.
Benjamin Ha.ncocks, also a manager, in th,
employ of Messrs. Dunn, gave similar evidence.
George Dune said the prisoner was his brother.'
son, and he could speak to the truth of the eit,
deuce given by the two previous witnesses.
Mr. Daniel Timmins, M.R.C.S.,said he examieed
the prisoner on Monday last, in the cell at the
police station. He was of opinion that he vas
suffering from weakness of intellect or imbeeilit,
of mind. Witness gave his reasons in detail h"
forming that opinion.
Mr. T. F. Riggs, M.R.C.S., who also examined
the prisoner on Monday, said he was of weer
mind.

This concluded the came.

After a brief consultation Yr. Barra seal: The
Magistrates are of opinion that it is their duty to
send the prisoner for trial at the sessions. ye
not our province to decide as to the plieonee,
sanity.
Mr. Motteram : I fear I have failed to mike
myself understood. But it does not matter.
In reply to Mr. Itlotteram, the Bench said they
would take bail for the prisoner's appearance—
two sureties in £lOO each.

The hearing of the case, which created a deal of
interest in the neighbourhood, lasted nearly three
hours.