The Daily Times.
Liverpool, Merseyside, England, 1860-12-19 00:00:00

CA9I7 c,OTITIVF.—tES7RP.A.Y
tßefore Mr. Justice ItiATix4.)

re
,ut
ice
he

THE WINTER ASSIZES.

DESPERATE AFFRAY WITH A RETURNED CONVICT
HIS RELATIONS, AND THE POLICE. •

John Robinson (32), described in the calendar as well
instructed, was placed at the bar upon a charge of
having, at Newton, on the 21st August, unlawfully
assaulted, beaten, and wounded James Bent arid George
Shirley, constables, in the due execution of their duty,
with intent to resist his lawful apprehensiont he haVing
been contritted df relay, Mid sentenced to tsirefitir-one
years' penal. '&44 without lawful
excusd • and Georiir/7, e Robinsononon (20), described as imper-
fectly instructed;, was charged with having; et Newton.
on the 21st of August, unlawfully assaulted, beaten, and
wounded James Bent and George Shirley, constables, in
the cive,exccation, 9f, theiricluty.iwith intent, to resist :the
lawfulapprehension of the said jehn Robinson. There was
also another charge against the prisoner jobti Robinson,
which was not
.gone into, for having stolen, at Much
Woolton, on the 30th of May, feloniously two pigs, the
goods and chattels of John Sutton. The prisoner John,
who is a short-built, robust-looking man, with a look of
determination and defiance in his countenance,
wears a large black beard and whiskers; whilst his
brother, the other prisoner, is a few inches taller,
and of a more sullen appeqrance and different de-
meanour, having stood in to dock tlifoughdut the
whole of the trial in, one dsitiOn, hii brOthei
kept moving about; first looking -at de tiirlikeYs i'vhq
were at his back, tiVice or thrice relieving himself
by a drink of water which was supplied to him in corn=
pliance ,with his request ,occasionally giving a glance
nand
,the,mrt, and,, ,the yepqrkrs, dprjng:his
tria,l cross-e'amided the witnesses with, an, alacrity
that would have done credit to many experienced law-
yers. Mr. Pope appeared to prosecute, and Dr.
Wheeler, Q.C., assisted by Mr. Oates, defended the
prisoner George Robinson. Mr. Pope in opening the
case for the prosecution, said the prisoners were charged
with cutting and woundinc, with intent to do bodily
harm, but the offence, although 6 laid under the statute
referring to unlawfully using a sharp instrument, it
would, strictly speaking, come under another act, which
was for cutting and wounding with intent to resist a
lawful apprehension. The learned counsel then pro-
ceeded to detail the circtimktanees of the ease,
which will be found in the evidence, appended to
this report, and stated that ,he Prisoner John waA tried
at York at d. recent assizes fdr Atedling a cow; and Wei
sentenced to twenty years' transportation, and htiving
returned before the expiration of that time, the police were
attempting to arrest him at his mother's house when the
offence for which he now stood upon his trial was com-
mitted: ,Rpht. Trippeti an official in York Castle,.wee,called
documentgrtiPboltrorifdiritt4rttfwiLi:gat , a tfte7lat 11ae
recent assizes there, and'sentenced to 21 years' transpor-
tation, which time had not yet expired. Dr. Wheeler
raised a legal point as to the admissibility of the certifi-
•

wmuu wits over-rmeu uy ma mnuctuip. J. Ile um...-
tate was then read and put in evidence, after which the
titnes§, Tripper; stated that he was present Whet; the
trisoner,.• ohn,. was tried; Th 6 prisoner, Sohn; laid the
pritnessrivag not Presentlk his trial. Lill Biit
he sus he was. Prisoner : But I say he was not.
James Bent, a sergeant in the county constabulary,
stationed at Newton Heath, was then called and
examined by Mr. Pope. He said : In consequence of
information I received, I went, in company with a
police constable named Shirley, to a beerhouse in New-
ton, kept by Marg iret Ba'tes. I got to the house about
half-past three a.m. ; when we got there we searched
the out fields, and then Shirley remained at the front
door, and I went round to the back. While I was at
the back part of the premises I heard Shirley asking
Jane Robinson, the prisoner's sister, to open the door.
I:consequently *ent round to the front, and it would be
about four o'clock before we got in; George Robinson,
one of the prisoners, ultimately opened the door. Before
the door was opened I threateiled to break it open if we
were not given admittance, and about twp minutest after-
tards the ,prisoner, George -opened the door; ;I went
into. the, house first; Shiley outside. The pri-
6orAr, Merge, was in the lobby, and there stopped me
and asked what I wanted. I replied, " I want your
brother John, who is an escaped convict." George said,
"He is not here." I said, " I must look, I want a
light." The place was in entire darkness, and I there-
fore required a light. George brought me a light about
&quarter of an hour afterwards. I stayed at the entrance
of a sitting room during the time George was getting
Me the candle. When I got the light I went into the
sitting room, and, on turning the cover of a sofa up that
was in the apartment, I there found the prisoner, John
Robinson, underneath upon his knees. He had a cane,
about four feet in length, with a ball of lead at the end, in
his hand. The moment I saw him I called to Shirley:
John was about to strike me with the cane, when I:laid
hold of his legs. He then immediately struck me under
the eye with the end of the cane. George was at this
time in the room close to me. After the blpw I con-
tinued my grasp of the, prisoner's leg; and Shirley Came
in, and John kicked, huh upon the face with his foot.
Xte Aso kicked me upon the head. I still continued
trying tb drag the prisoner John out as well as I could.
The prisoner's sister at this time called on, " Dog, fetch
the poker and knock their brains out." When she
called out "Dog" she meant the prisoner George,
who goes by that name. George then knocked
the table over upon which the candle was standing, and
went out of the room. I continued drawing him out by
the legs, and while I had hold of him Jane and a
servant girl pushed me from behind and knocked me
down. Shirley was at this time standing somewhere in
the rooms As soon as I got up the prisoner ,Getitge
Came in and strua me over the head with d poker. I
am. certain it was him, because he was almost in the
lobby, and the front door being open I could easily see
him. I got Robinson close to the door, and just before
I got outside George came again, and I saw him strike
Shirley over the bead with the poker. The prisoner
John continued striking with the cane, and Shirley took
out his staff and struck him upon the arm, when George
again reached over and caught me a second blow
upon the head. I then left hold of John's legs
and got hold of him round the body. He immediately
seized hold of my hand with his teeth, We had then
got out of the house, when I sucCeeded in getting the
life-preserver from him, and threw it into the field. I
carried him in front of me for about twenty yards. A
dog was let loose Upon us. It first attacked Shirley,
and then it got hold of my trowsers, and at that time
George and the two females were standing at the door,
hissing the dog on. John afterwards secured Shirley's
staff when he was about to assist me to take him to the
station. As soon as he got the staff, he raised his arm and
struck me a severe blow upon the crown of the head. I
then became sick, and he struck me another blow with the
staff which caused me to fall to the ground senseless. I
requested George to give me a drink of water, but he
refused. I bled very much from the blows I received,
and was off duty for about six weeks after the occurrence.
When I had rather recovered from the effects of
the blow, I looked up and saw Shirley chasing the
prisoner John over the field.---Cross-examined by Dr.
Wheeler : I had not a warrant when I Went to take
the prisoner John. We were not more than half an
hour in the house altogether. lam not aware that
there was a reward of 120 offered to any person for
the apprehension of the prisoner John. Mrs. Bates, the
beerhouse-keeper, is mother of the prisoners. I knew
the prisoner's sister pretty well before this occurrence.
I'welit with her from Manchester races to Newton once.

After this occurrence the two females were taken before
the magistrates and they were remanded, and when taken
up upon the remand, were discharged. I never received '
information that the prisoner John was at, his mother's
house, but I heard that he was in the neighbourhood.
I received a great number of blows before the candle
Was put out, but two of them were more severe than
others. The sofa would be six or seven yards from the
sitting-room door. My back was partly to the door
from the position of the sofa. The person who struck
inn did so from behind. lam quite sure it was not the
cane I was struck with. I did not see Mrs. Bates that
blaming, but I heard her voice upstairs. There are
Is great number of rooms upon the ground floor; and
there are three doors by which you can get out of the
sitting:room. The witness was then otoss-examined by
the pnsoner John, *in order to' weaken his evidence,
but he adhered tenaciously to 4vhat he -had sworn. At
the conclusion the prisoner said : Are you frightened of
dying, Mr. Bent ? Witness hesitated. His Lordship :
Come, answer,—are you frightened of dying ? say Yes
nr no. Prisoner : Yes, are you frightened of dying I
say, Mr. Bent ? Witness : I don't know that I am.
Prisoner : Then you ought to be for the lies you have
told. The prisoner then proceeded to make a long
rambling statement to the effect that the officers struck
him with their staffs, until he was compelled to strike
them in self-defence. His lordship asked witness if he
or Shirley struck the prisoner before he offered any
resistance, and he replied in the negative.—Prisoner :
It's false. I was caught upon the head. If my brother
had been in the affray at all, he would have had some
Wounds upon him.—His Lordship : You had better
leave your brother in his counsel's hands.—Prisoner t I
acknowledge striking them, but it was not with a cane
With lead in it; for the cane had no lead in
it, but merely a handle on.—George Shirley (a
police-constable in the county constabulary was then
called and examined by Mr. Pope. After corroborating
the evidence of the last witness he said he went up to
John and took hold of him by the shoulder ; when he
seized hold of his staff and struck Mr. Bent over the
head. George was then at the front door, and had the
poker in his hand. John ran off in the direction of
Park-station, when Bent fell down upon the ground.
lie followed him and caught him in a field near the
station. When he (witness) caught him he struck him
upon the head with his staff, and the blows he had
received before that time made him feel exhausted, and
he fell to the ground. Cross-examined by Dr. Wheeler :
Ilad not heard that a reward had been offered for the
apprehension of the prisoner John. The rumour reached
the police station some time after the affray at the beer-
house. Prisoner : Did you not say to me when you
came to me near the station, "I will have you, whether
dead or alive ?" Witness : I did not. Prisoner : But
I say you did, and I advised you to go home, and not
interfere with things that you had nothing to do with,
and you said, "It's no use, I will take you ;" and as you
did not go when I told you candidly I knocked you down,
and you said, " Oh, Jack, let me go, and Pll say nothing
about it." When you got up again I took my legs and
tripped you up, and I said if you did not go away I
would make you so that you could not; and as he did
sot, my lord judge, I knocked him down. I acknow-
ledge it. I love my liberty as well as you, and I will
have it.—His lordship.: He says you escaped.—
Prisoner : -Yes, sir, certainly I escaped; and I will not
allow that man or any other police-officer to take me in
the place.—Margaret Bates, the mother of the prisoner,
Was then called. She stated that before going to bed on
the night in question she locked the door, and saw her son
George go to bed. He could not return without passing
through her bedroom, which he did not. John was not
in the house when she went to bed ; but from inquiries
She had made she understood he had been let in by his
sister.—Richard Henry Gordon, a surgeon, was called,
and deposed to the nature of the wounds upon the
Police-officer's head and face.—John Brown, a police-
officer' deposed that on ayprehending George at his
mother's house, he said, in answer to the charge, " I
did not strike him with the poker, but I wish I had
done so, now."—Prisoner : Did you come to me
When I was tried before the magistrates, and whisper
Something to me ?---Witness Yes, I believe I did say
Something to you.—Prisoner : What was it ?—Witness:
I don't exactly recollect.—Prisoner : Then you are not
At for your duty. Policemen require good memories.
John Green, a policeman' was next called, and deposed
to capturing the prisoner John in Sheffield. This closed
the case for the prosecution. Dr. Wheeler then sub-
Slated that there was no evidence against the prisoner
George, because the policemen had no business at the
.