The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-09-19 00:00:00

SERIOUS CHARGE AGAINST A COAL-
MASTER'S SON AND OTHERS.

On Wednesday last, at the Dudley Police Court,
before the ex-Mayor (Alderman Badge), Alderman
Bagott, and Mr. George Thompson, David Crew
(20), assistant colliery manager, Shaw Road; Wil-
liam Mills (18), Cross Street, Tipton, miner: and
Thomas Leach (21), roller, Shaw Road, were
charged on remand, with having violently assaulted
Philip Lyons, travelling jeweller, of 41, Essex
Street, Birmingham, and stolen from him a gold
watch, a silver watch, two half-sovereigns, and
five shillings. Mr. Motteram (instructed by Mr.
Warmingtou) defendant Crew; and Mr. Stokes
defended Leach and Mills.

Prosecutor was re-sworn, and said that on Mon-
the 7th instant, he was at Willetts's public-house,
at Netherton, where he had two glasses of ale and
a glass of wine. He showed his watch and jewel-
lery. Crew bought a watch, and then prosecutor,
drawing Crew's attention to the lateness of the
hour, said he must go. The youngman mked him
to wait a little, and then they would all go together.
The three prisoner and the prosecutor then left,
and walked towards Dudley. When about a mile
on the road, Crew said, "I know the nearest road
home," and they all passed on to a field. When
some hundred yards in the field. Mills seized
prosecutor round the neck from behind and pulled
him on the ground. Prosecutor's cull out "Miirder,"
and rolled over, bringing Mills with him and under-
most. Leach then took hold of prosecutor's hands
and assisted Mills. Witness cried out to Crew,
"Come and help me, or! shall be killed," Crew re-
plied, "How can I ?" Prosecutor again called
"Murder" and Thieves;' and the three ran away
in one direction while he ran away in the other.
From first to last Crew did not touch him.

Cross-examined by Mr. Stokes Was sometimes
called John Phillips as a nickname. Had never
been employed by Mr. Bloch, of Birmingham, but
had had some goods of him. They were watches,
and he owed a trifle on them. Had some dealings
with a Mr. Grocutt. Had .24. los. of him as to a
watch. Witness detailed his journoyings on the
Monday until he reached the public-house of Wil-
lotto. He had previously been at the Boat, and at
Mr. Crew's colliery. He did no business except
at the police station, where he picked up 2s.
Mr. Stokes I should have thought the force had
had more sense.
Cross-examination continued : Walter Crew took
me to Willetts's, the Britannia. There was a
supper going on upstairs, and the company sent
him some drink. He had previously given up his
jewellery to the landlady, saying, "I will go and
see what time Mr. Crew is going home, and I will
go with him." Was quite well at that time. At
live o'clock the next morning a police officer took
him to the Brown Lion Inn, Bath Street (Mr.
Stoke's), Here he paid for some liquor, paying
about 81. At the time hehad 4s. or 55., but could
not say to a shilling. When he arrived at Bir-
mingham he had 4s. Did not show Sergeant
Clark of Mr. Stock is 6d, Thewatch sold toCrew
at the Britannia was 255., which was paid. The
landlord did not caution him about his condition.
or lbout carelessly exposing his jewellery. Several
questions were put to the witness to show that at
different periods of the evening he had told people
that he had no money, but he denied saying so: he
said he had but a little. After the assault, he ran
back to the public road and applied to a man named
Hayward to let him in, but was refused. He then
went on to Netherton Police Court with a man
who was passing. At one in the morning he went
with Sergeant Clark to place where he was assaul-
ted to look for the lost articles. Could not tell the
number of the watches, because he carried no book
or paper to put them on. He bought the watches
lost, together with some jewellery, at a sale by
auction by Mr. H. Myers.
By Mr. Motteaam : Had not gone by the name
of John Phillips. Lived at 41, Essex Street, and
had done so for eight or nine months. Did not
know that it was full of prostitutes did not know
of one. Started for home with about ss. ; paid Bd.
to go to Dudley; had no dinner; spent lOd, at the
Britannia: 21. at another public-house.
Mr. Motteram : You sold a watch at 255., and
Is. you started with.
Prosecutor: I might have had 6s.
. .

Mr. Motteram :f has been 4s. or 58., 4s. 6d. or
53., and now fis. Mr. Mottemm then reckoned up
that prosecutor had spent 38. 3d., and said he would
not have 255. to be robbed of.
Cross-examination continued : The watch found
at Crew's lodgings was not his (prosecutor's). No
money hail been found, no watches, nor was the
money in his purse interfered with. His bag and
his box were safe Had not said that he had nothing
against Crew, but he only blamed him for taking
him with such people and not helping him when
on the ground. At the Britannia prosecutor as ked
for lodgings, but there was no room, and Clew mid
if he could not find lodgings, he might stop with
him. Did not tell Mr. Stock that he did not blame
Crew.

Re-examined : Crew was close with the others at
the time of the assault : he was not in advance
Isaiah Skelding, moulder, Cinder Bank, said he
heard cries of " Murder," several times on the night
in question, and saw the prosecutor who, as he
(witness) approached, cried out, 'Get away from
me; I have been robbed." He was standing on
llayward's step at the time. Witness noticed that
his shirt was torn to rags. A man named Cress.
well came up, and the pair went on towards the
Netherton Police station. Prosecutor seemed
frightened, but witness could not tell whether he
was drunk or sober; he walked all right.
Henry Creswell, puddler, Hall Street, Netherton
corroborated the evidence of the last witness.

Police-sergeant Clark said he met the prosecutor
at one o'clock in the morning, in the Halesowen
r aid. Witness examined him, and found pieces of
skin torn from the neck and breast, and his shirt
was torn. The prosecutor said his box and bag
were safe. Witness said he examined the footpath
from Cinder Road to Dudley, and found a piece of
prosecutor's shirt.
Mr. Stokes: Oh, you may take it that we gave
him a good thrashing, and he richly deserved it.
Examination continued: Went to Leach's house
which was Crew's lodgings. Witness called up
Crew and charged him, with two others, with as-
saulting and robbing Philip Lyons. Crew replied
"I was there, two yards in,front. When I saw they
had John down I said ' punch him on the head,'
didn't I, John ?" Prosecutor replied that he did.
Crew then said to Clarke, "I never saw the others
before this night: I believe they came from Tipton
they ran off in the direction of the weighing ma-
chine." Witness then took him into custody, and
called at Stock's house to learn something of the
others. He had some brandy and ginger beer, for
which prosecutor paid sixpence. Examined prose-
cutor's purse, and found about seven shillings in it.
Had charged the three prisoners together with
stealing two watches, two half-sovereigns, and five
shillings. Mills said there was no robbery. Leach
said he wasn't there, and knee nothing about the
matter. Crew said, "Speak the truth; it is no use
denying it. You were there." Cross-examined by
Mr. Mottemm Had a conversation with Crew about
two o'clock in the morning. He came down stairs
the moment he was wanted. He distinctly stated
that he knew neither of the other prisoners. By
Mr. Stokes The road in which the assault was said
to have taken place, was the nearest way from
Netherton to Leach's house. All the prisoners
bore good characters.
Mr. Stokes then addressed the Bench in the de-
fence of Mills and Leach. He said there had been
no robbery, and the whole affair arose out of an
altercation between Mills and the prosecutor. It
was a shameful state of the law that the prisoners
months were closed, for they were youths of good
character. Mr. Stokes then proceeded to argue
that no jury would convict. The facts were that
the prosecutor had been drinking all he could lay
his hands on, and paid for nothing; that Leach
said he should never sleep in his house, and so a
quarrel arose. Mr. Stokes also stated that the
prosecutor had shuffled and fenced with the ques-
tions, and had further prevaricated especially as to
his money. None of the property had been found
although immedie,e search was made. When
Leach was charged with highway robbery, and then
it was that he said he was not there.

Mr. Mottertun said he rose with strong feelings
to defend the son of a gentleman whom he had
known for many years, and respected as long as he
he had know him. The crime with which the
prisoner was charged wasalmostthehighest known
in the realm, and the evidence on which men ought
to be convicted should be clear and concise. Mr.
hfotheram then referred to the respectability of the
accused, and said the prosecutor's character was
unsatisfactory, according to his own showing. As
to the statement of Clark that Crew denied any
knowledge of Leach and Mills, Mr. Motteram said
he was instructed to say that his client understood
the officer to refer to Mills only, and his client did
not know Mills's name at the time. There was
the greatest possible doubt in the case, nothing had
been found; the bag and the box had been un-
touched, and the evidence of prosecutor was very
unsatisfactory.
Mr. Stokes then expressed his desire to call wit-
nesses to character, but the Bench said they were
satisfied that each of the prisoners bore a good
character.

After half an hour's consultation, the ex-Mayor
said the Bench did not consider the evidence suf-
ficient for a committal. (Slight applause.)
The case attracted much attention in the town
and neighbourhood in consequence of the positions
held by Crew and Leech, and the court was densely
crowded.during the wholeof the proceedings, which
lasted more than four hours.