The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-09-19 00:00:00

CRADLEY.

CHARGE OF MALICIOUS WOUNDING. At the Petty
Sessions, yesterday, before B. Li ewood, 11. 0. Firm-
stone, S. C. Firmstone, R. L. F Ent's., and Major
Fletcher, Thomas an] Edward toes were charged '
with unlawfully wounding Ellja flier, on the 7th
inst. Mr. Fenton appeared to probecute, and Mr. Maltby
defended. Mr. Ponton opened the case at some length,
the particulars of which will be found detailed below.—
Prosecutor deposed: I live at Brettell Town, and am a
horsenail maker. On the 7th inst I went to work at
John Smith's, which is about two hundred yards from
'my house. Previous to doing so, I locked the house up
sale. About four o'clock I saw the !riot door open.
Mrs. Stafford was near and said, "Elijah is coin-
ing." I could not effect au entrance. I then went to
the back of the house, and saw a ladder against the bed-
room window. I went up the ladder and got into the
room. As I got into the room, Thomas Fellowes came
threagh the room door, struck me with a bar of iron,
and cut my head open, which bled very much. Thomas
then laid hold of use by the left arias, arid pulled me into
the front room, and twisted my shoulder out. He then
called Edward to him. Thomas then struck me on the
shoulder with a hammer. Ile then called his brother,
Edward, to help him to throw me through the window,
and he laid hold of me by the lower part of any legs.
Thomas had hold of me round the body. They put me
through the window and held me by the feet, my head
'hanging downwards. I heard Mr. Henry Evers shout ,
out, " Fehtowes, you bad better mind what you are doing." I
They then pulled me back agsin. Thomas said, If
you don't go out of the house I will finish you. I then
got out of the window down the ladder. Police-oonstable
Bea came up and put me into a cart, and took me to Mr.
A. Freer. Cross-examined: I have been convicted once.
I did receive notice to leave, but did not leave because I
had not paid my rent. Did not strike the prisoner with
a poker: Did not agree to take my goods and give up
possession. Prisoner put my goods out of the house
through the window. Did not see my brother strike the
prisoner. Did not throws bottle at the prisener—Rich-
, and James, bricklayer, raid that on the above date he
! was at work near the complainant's. About four o'clock
. he saw the two Fellowes's. Thomas spoke to him, and
asked the loan of a short ladder. I lent him one, and
saw him take it to the back-room window of Elijah
Homer's house, ascend, and get into the house. He had
a piece of iron in his hand, and &hammer. Thomas went
into the house first. He then called Edward. Prosecu-

tor come up iu about five minutest. He got up the ladder
and went into the room. I after hoard a row. Thomas
Fellowev asked provecutor. to go out of the house. He

refused, and thre next thing I saw was Homer at the
window, bleeding. I beard Fellowes threatening to throw
Homer through the window, and afterwards saw Homer
three-parts through the window, with his head hanging I
down. Both the prisoners had bold of him. I heard a ,
man called.—A. Freer, surgeon, said that on the 7th inst
prosecutor was brought to his surgery covered with dry
blood. Ile was suffering from a recent dislocation of the
left shoulder. In sponging away the blood I found a
contused wound on the forehead, about three-quarters
of an inch long, from which the blood had flowed. I
also found an abrasion of the skin on the point of the
left shoulder; also another abrasion of the skin just
below; and another on the right shoulder.—Benjamin
Stone said he woo a bricklayers' labourer, residing at
Oldswinford. On the 7th inst be was working at New
Town, and went on to corroborate the evidence of Rich-
ant James.-51r. Maltby addressed the Bench for the
defence, and contended there had been no malicious in-
jury proved, except what prosecutor had said. Instead
of his clients being the defendants they ought to have
! been the complainants, as Thomas Fellowes had been
wounded, and called several witnPsses whose evidence