The Kenilworth Advertiser. — 1879-12-13 (Kenilworth, Warwickshire, England)

ALLEGED MALICIOUS WOUNDING AT SOWE.—ISILSC Smith, licensed victualler, Hall-green, was charged on a warrant with maliciously wounding Josiah Davis, Parrots-grove, Bowe. on the 20th of Nov., by striking him on the head with an axe.—Mr. Masser appeared for the prosecutor, and Mr. Bailer (Birmingham), for the prisoner.—From the statement of Mr. Masser it appeared that the case arose from the the complainant putting a line-prop down on a strip of land adjoining the common, over which complainant, as well as the other inhabitants, claimed a right of commonage. Tne prisoner alleged that this was interfering with his right of road, and on the 20th of November he attempted to chop it down with an axe. Complainant came out to prevent him, and prisoner struck him with the axe on the occipital bone of the head, which stunned him, and caused a frightful wound.— Complainant said he lived at Parrot's-erove, Sowe, and was a collier. There was a strip of common 25 yrods wide before his house, in which he had lived for twelve years. He was in the habit of using this land as he thought proper since he had been there. About three weeks ago he put a lime-post down tin addition to several that were already on the land), for the purpose of supporting a clothes line on the strip of land opposite the back door of his hoose. He was a tenant of Lord Craven, but the land belonwed to the poor of the parish. In the morning of 'Thursday, the 20th Nov., he was in his house, and could see the post in question, when he saw the prisoner, in company with John Deeming, (neither of whom lived in the parish), come up to the post. Prisoner had a big broad axe, chopping at the line-post, while Deeming was pulling at the top of the post. He ran out of his house and went up to Deeming to remonstrate with hire, and pushed him away, upon which Deeming struck him a blow in the month. Prisoner came with an axe, and said, " cleave it down" or "I'll cleave you down and murder you." He then struck at him with the axe, and hit him a blow on the back of the head, which stunned him. He (prosecutor) went to Deeming, and was going to " pitch "into him but he was stopped by the neighbours. Prisoner came a second time with the axe but Mrs. Smallwood came between them and prevented the blow. He had not touched prisoner, nor spoken to him at all. On the Sallle morning he went down to the police station at Longford and saw Supt. Thomas, and showed him his wound. He went to work the following Monday night, but the effects of the blow made him giddy. Subsequently be saw D. Masser, who examined his head. No one was present when the blow was struck except Mrs. Smallwood, William Davis, Mrs. Morris, his wife, and prisoner, and Deeming.—ltebecoa, wife of Richard Smallwood, said she lived next door to the prosecutor, and on the morning of the 20th of Nov. she was in her house, and hearing some chopping, went to the door, when she saw the prisoner, Isaac Smith, chopping the post, and Deeming stood by the side of him. She saw prosecutor catch hold of Deeming and push him away, saying, "What are you to do with it ? " and at the same time Deeming "up with his fist" and struck prosecutor in the mouth. The prisoner Smith then knocked prosecutor on the head, but she did not remember what he said. Prisoner held up tile axe again, and was going to strike proseculor a second time, but she ran between them and laid, "You have struck him once, and you are not going to strike him again."—William Davis, brother of prosecutor, and Mrs. Ann Morris, widow, living near the same place, corroborated the evidence of the former witnesses.—Superintendent Thomas, Longford, said that complainant came to him on the 20th November, and he examined him and found him suffeiing from a wound at the back of his head, which was then bleeding.—Dr. H. C. P. Masser, Longford, said that on the 25th Nov. he examined complainant, and found a lacerated wound on the occipital ridge, about three-quarters of an inch long deep and penetrating to the bone. He shouli say it would require some considerable force to inflict such a wound.—The Bench thought it was a very serious case, and they would commit the defendant to take his trial at the next Quarter Sessions.—Bail was accepted, prisoner in his own recognizance uf £25, and one surety in a like sum.