The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-11-15 00:00:00

THE CHARGE OF SHOOTING AGAINST

A MASTER OF FOXHOUNDS,

The t harge td shooting which has been preferred
against Mr. I teary Reginald I'o'lo, .1 P. of Dale Ford,
Tarporley, Master ol the Closltire Hunt, was heard
on Saturday before the magistrate for the F.ddeabnry
I lundretl: in the Oilkehere Court-honse. In mane pre-
ciously published reports, it was stated that the person
shot was a boy, but this was an error. The prosecutor
is a man apparently twenty-live years of age, or more,
and his companions, at the time he was ebot appear
t , have been persons td different ages between eighteen
and twentretght. The charge against Mr. Ccrbet
was that of unlowfully, naliniooBly, aerl feloniously
shooting John 'Tomlin-Icm, of Marton, on the let if
November. Mr. Coen t was ai•prehended Ulu sth
uf November, taken before L .ril tr'orubermei e on the
e4.1.11d day and remanded, and on Saturday he aurrem
&red to his rorognizances before Mr. Wilbraham
, •crehafrunatil, Mr. Hayes, Mr. Wright, and Mr. Jones.
, pollartnirivht, of Chester, prosecuted, and Mr.
Swetenhain. Munster, appeared for Mr. Corbet. The
complainant 'Tomlinson apiucariul very pale and weak,
and had to be assisted to his seat, being unable to use
Ma injured leg. The circurentances out of which the
etiarge aroee were stated by Mr. Cartwright, who ex.
planned that the proaecutor and his companions were
going about according to a Cheshire custom on Hallow
E'en to visit louses near midnight, and eing there. It
warn called "smiling." It having been mentioned by
Mr. Cartwright that Tomlinson communicated with the
police after being shot, and that, though Mr. Corbet
had made some payment to Tomlinson, the offence warn
Indictable, anti therefore could uot be compromised,
Mr. Swetenham at once observed that they were agreed
upon that.
In answer to an inquiry from Mr. Swetenham, it
was then intimated by Mr. Cartwright that the charge
he would go upon was that of unlawfully wounding.
Mr. Swetenham : I thought the result of your inter-
view with your client would have been that you would
have taken it on another ground.
l'he evidence of the prosecution was then taken :

John Tomlinson said he was a farm labourer, and
r, sided at Marton. Un Saturday, the lit of November,
he in company with eight other men, went t o Mr.
Corbet's house, which they reached a little alter half
past eleven o'clock. On AU-Hallow E'en it was
the
.custom of the rustics to go out singing or " soul
log, ' as it was called, and for the gentlemen whose
houses they visited to give them something. After
singing two songs some of the party rang a
bell. Mr. Corbet and several men rushed out,
and he and his companions immediately ran
away. Mr. Corbet had a gun in;his band. As the
witness was getting off the grass plot he heard Mr.
Corbet say to one of the men, Hodgkinson, "What
the devil do you want here ?" and Hodgkinson replied
that they "had only come a-sonling. He thought
there WY no harm in that." Mr. Corbet then said,
"If you don't ran sway I'll shoot you," and Hodgkin-
goo, said, "I will run." Just as he (witness) reached
the highway Mr. Corbet shouted out, "I will shoot"
Shortly afterwards Mr. Corbet fired at him and shot
him in the leg. He at once cried out, "I'm shot,"
and one of his companions, Barlow, returned to him.
Mr. Corbet and one if his servants went up to
them, and Mr. C ,rbet pushed him and took him
back to the gate leading to the house. The other man
took Barlow back and they were given in charge of
other men, by whom they were taken into the mess-
room. He told Mr. Corbet that he was shot, but did
not know whether he understood him or not. The
other men were also taken to the mesossroom and Mr.
Corbet took their names af ier they had been there souse
time, and then told them they might go as he was
going home. He told his companions that he was shot,
and they struck a match and examined his leg. They
afterwards assisted him borne. On the Monday follow-
ing he went to see Mr. Okell, surgeon, who had been
attending him ever since, and 98 he retnrned home
one who was with him informed the police of the occur-
came. He had been suffering considerable pain e% Cr
since. In cross-examination he said that he knew Mr.
Corbet was a Shropehire gendeman, but he did not
know what the custom was in that county on AU
Hallow E'en. Before they went to Mr. Corbet they
had been dancing at a public house, and had some
drink, and none of them were the worse for it. Hodg.
kinson was little in drink, but was " not worse than
usual." Mr. Garfitt called to see him and mid he came
from Mr. Combat to express sorrow for what had hap.
pencil. Gallia called again the same day, and on the
Tuesday Mn. Corbet gave him sortie food and other
no, wearies Mr. Corbet also called and expressed
sorrow for the accident, and in consideration of his
sufferings gave him £2. Ile also promised to pay his
doctor's bill, and to see that he was well attended to.
Since that time he had had everything lie wanted from
Mr. Corbet's house. _ _

•
Il.e.examined by Mr. Cartwright, he said that when
he received the 1:25 he signed a paper. Tne devil:nett
Rll4 put in by Mr. Swetenham, and was as follows
I, John Tornitnion, hereby acin.owledge the receipt of
£2.5 from II Res Maid Cornet, , as compensation In full
for d.onage done to me by gun accodent on the inorniog ol
unday, the tind November. 1873, between the hours of
twelve and one am , In consideration of wdich sum I further
agree to withhold from prow/claim( Mr. Cornet in the said
can, or suing in any court of law.—(,lgned) John Tom.
Ilnacm. '‘‘ Knees, eforge Counts."

Mr. George Okell, surgeon, said he found 18 or 19
shot wonnds in the left thigh and leg of Tomlineon.
lie WM now progressing favourably.
Cross-examined He was not permanently disabled,
and had not suffered greviens bodily harm. He had
been attending him at Mr. Corbet's expense, and had
been told by that gentleman to spare no expense to
ensute his recovery.
Thomas Barlow, one of the men who were with
Tendinson on the night in question. said when Mr.
Corbet and his servants rushed out, Mr. Corbet said,
" Give it to the devils." He ran away, and when he
got into the road he heard Mr. C abet say, "If you
don't stop I'll shoot you." Tomlinson made no COIII
plaint whilst he was in the mess room.
Croes-examined—The words used by Mr. Corbet
were not. "I'll frighten them if they don't stop."
David Ilodgkinson Gardner, another of the men, also
spoke to Mr. Corbet using the words, "If you don't
stop I'll shoot you."
William Lightfoot said he also was one of Tomlin.
son's companion. on the let of November. Mr. Corhet
struck him in the mouth as soon as he rushed out of
the house, knocked him down, and knocked one of his
teeth out. His lip was swollen yet in consequence of
the blow. Whilst down he was struck or kicked in
the back. He had since received £2 from Mr. Corbet.
Samuel Challiner and Thomas Challiner gave cor-
roborative evidence. The former said he was struck by
,imme one ten or twelve times about the head.
Sergaant Hone deposed to the apprehension of Mr.
Corbet, who made no answer to the charge.
This was the case for the prosecution.
Mr. Swetenham, in addreseing the Court for the de-
fence, void no one ormild regret more than Mr. Corbet
what had occurred or the condition in which the pro-
secutor was, but Mr. Corbet had no idea that the man
was hurt anti] be beard about it in the hunting field,
and then he sent at once tq inquire the truth.
Mr. Corbet, some eighteen months ago, discharged
some stable helpers, who threatened him, and he.
being under the impression when he heard no much
noise outside his house that they were come to carry
out their threat, called assietance and went out.
He thonght that they were pereons so dealing with his
property that he had the right to arrest them. He
put them in the mess room, sent for a policeman, and
when the messenger returned with the statement that
the policeman WM out, Mr. Corbet took the men's
names with a view to prosecute. Mr. Corb-t, when
no went out, took his gun with him, and the words he
nttered were not, as had been sail, "If you don't stop
11l shoot you"; but, " I'll fire the gun and frighten
them." That occurrence was acknowledged to be an
accident, and that Tomlinson considerectit to be no was
shown by his haring sent up to Mr. Corbet's house for
food and othsr things he required. The gun was fired
without the least intention to shoot any one and without
taking aim. In order to make out a came of felonious
drooting the Justices must have proof that the gun
was bred hy the person chareed, and that he had in
his mind an intention to murder, maim, disfigure, or
do grievous bodily harm, or some other of the things
mentioned in the statute. In this case there was not
• tittle of evidence that the gun was fired by Mr.
corbet, or that he put it to his shoulder, or pointed it.
The magistrates must ask themselves whether there
wan the smellest probability of • jury finding Mr.
Corbet guilty of the charge preferred.
eft:. Cartwright said that a charge of misdemeanour
v 7.18 put in, and Mr. Cerbet could be convicted of
tee mince efferere ; but this was for the jury to decide,
and not the imegistraterr.
The Chairman, after • brief deliberation, maid the
ma would like to hear the evidence for the defence.
Mary Lumbar., lady's-maid to Mre. Corbet, said she
Wirti awakened on the night in qnestion by hearing
"one one singing and • violent ringing of the boll. it
Waif :sing fifteen times. She new several of the men,
and they enpeared to be in liquor.
John l'alwarof, butler to Mr. Corbet, said he also
was awakened by the violent ringing of the bell and
Aome singing, The men were making a great noise,
and knocking each other about. When they went out
of the home Mr. Corhet knocked down a man who
was at the door, and be (witness) had • tussle with
another in, n, whom he overpowered and hell until
Mr. Corbet came up.
Crome-exainined Mr. Corbet knocked a man down
withont making any inquiry.
Henry liobarte, valet to Lord Cole, said he was
staying at Mr. Corbet's house on the lit of November,
and he went out with that gentleman and his servants.
Mr. Corbet maid he would frighten the men by firing
the gun, and he did fire it, but to the left of, and
Certainly not at the men who aero running away. He
heerd no one call out "I'm shot."
George: flstfitt, land agent to Lord Dela-mire, said
he inform ra; Mr. Corbet on the Monday morning, when
in the hunting fie": that Tornlinenn was shot. Mr.
Corbet appeared to be turprlset and asked him to go
to Tornfineon and compensate him for Hs injories. He
first offered to give him £2O, and at that time he knew
that the police had been in communication with him.
The magistrates retused permission to Mr. Cart-
wright to addreme them on this evidence, and after re-
tiring for a few minutes it was onuounced by the
Chairman that the case would go for trial on the minor
charge—that of unlawfully wounding--aa • rafted&
meanour.
Mr. Cartwright submitted that the Bench could not
eontrol the indictment by saying which charge should
be oeferred. He also wished the ease to be sent to
the 11811iy., A conversation ensued upon these points.
Mr. Sweteehe,-n said Mr. Corbet was perfectly ready
to Meet the ca, eu;:terhere. Ultimately the Chairman
announced that Doe case would be sent to the adjourned
quarter sessions at Knotslore% Which commenced on
he 25th inst.
After being cautione 1 in the usual
Corbet said: I have a short statement to make o:
plain facts of the came. On the night in question 1 I
went to bed at half-past ten o'clock, and aGer I bad
been asleep for some time, I should say up to about
two o'clock, I was awakened by a great noise, and
my front door bell was rung violently and contiononely
for some time. As I had been threatened byet one din'
charged stable-keepers, I thought they were coming
to fulfil their promise. I had never heard of
this so-called "Souling." I called to my aemistance the
butler, and he called to other men. The door was
opened, and I saw • number of men there. I had my
gun In my left hand. With my right I knocked down
the two first men that old me. My buds', Bawled,"