The Sun. — 1845-11-01 (London, England)

SERIOUS CHARGE OF ASSAULT AGAINST FIVE SOLDIERS OF THE SIXTY NINTH REGIMENT.  On Wednesday, five young men, privates in the 69th Regiment of Foot, stationed in Birmingham Foot Barracks, were placed in the dock before Charles Shaw, Esq., and Dr. Melson, charged with the following serious assaults :—Their names were Michael Brinkworth, Michael Brophy, Patrick Kelly, William Kelly, and James M`Nally, all natives of Ireland. They had been taken up just before on a warrant signed by Dr. Melson. W. Dale, whose lip was cut through, and his clothes covered with blood, deposed to being in the Cock beerhouse, in Lichfield-street, soon after six o'clock the night before. He had left his work only a short time, and was having a pint of ale in the tap-room, when suddenly ten or a dozen soldiers, all of the 69th, rushed into the room armed with sticks. He was immediately knocked down by Patrick Kelly, and remained senseless some time. While in that state he was struck and kicked all over. He had never had a word with any of them. They came into the tap-room brandishing their sticks and 'shouting something like " Hugh ! hugh !" He never saw or heard any insult offered to them. He heard one of them say, " The not dead yet," and they beat him again as he lay on the floor. Thomas Lowe said he was in his shop at the back of the Cock beer-house. He heard the cry of " Murder !" and on running in saw the last witness on the ground bleeding, and saw him again abused by Brophy, who made use of the language described by Dale, and he was himself knocked down. Henry Caldicott was in the house when the soldiers came into the room ; one of them said, " What have you got to say against or about soldiers?" He was knocked down instantly, and beat dreadfully with their sticks. Those who had no sticks got hold of the poker and shovel. No one had spoken a word to them. He was badly hurt, and his coat (produced) was torn to rags. He saw no woman with them. Brinkworth was one of the party. William Harley next appeared, with his head badly cut, and said he was waiting to grind malt, when the soldiers came in shouting, knocking all down before them. James Booth (with broken nose and injured jaw) said he saw the soldiers come down stairs and commence the attack, without provocation. He was knocked down senseless. The soldiers used the house. John Gold corroborated the previous statement. Mrs. Maria Wood, the landlady, deposed to seeing one of the soldiers go into the kitchin and immediately return, and then they all rushed in. Two of the soldiers (none of the prisoners) begged for mercy for her, as she was threatened to be done for. Parts of the sticks, loaded with lead, were produced. There was no quarrel previous to the attack ; the prisoners were all there When she went to the barracks that morning the prisoners drew their bayonets, and made use of threats towards her. The prisoners, who had declined to have the hearing postponed, or to call witnesses, made some statement of Dale having struck one of them with the poker, and seemed to make light of the affair altogether. After a consultation with Mr. Gem, Mr. Shaw said, " We consider the assault proved, and fine each of you 51., or two months' imprisonment." One of the soldiers observed, " We won't pay the fine," and they were taken from the dock apparently enjoying the thing as a joke.—Birmingham Advertiser.