Stockton Herald, South Durham and Cleveland Advertiser. — 1873-08-09 (Stockton-on-Tees, Cleveland, England)

SHOOTING WITH INTENT TO KILL. —William O'Brien was brought up under remand, charged with firing a pistol, with intent to kill, on the 2nd August. Mr Archer prosecuted, and Mr Faweett appeared for the defence.—Sergeant Thornthwaite said: On Saturday last, between six and seven o'clock, I, in company with P.C. Patterson, went along Joseph-street. I saw the prisoner standing upon the footpath opposite the house No. 20, Joseph-street, with a revolver in his hand. I saw him rest it on his left arm, and lower his head as if taking aim in a slanting direction at something on the other side of the street. I looked in that direcrion, and saw three men standing in the line of fire. They were about 14 yards from the prisoner, standing at the house No. 32, on the opposite side of the street. I saw smoke come out of the pistol, and heard a report when it was fired. The prisoner then went into the house again. I sent an officer to watch the back door of No. 20. I followed prisoner into the house, and found him standing in the middle of the kitchen floor, near to the back door. I took him into custody, and handed him over to P.C. Paterson. I then went and searched for the revolver, which I found in the yard of an adjoining house. The pistol had evidently been discharged, and the hammer was at full cock, one chamber of the p.stol was empty. There were two full and three empty cartridge in the chambers of the pistol. I came to prisoner and charged him with discharging firearms with intent to kill. He replied "I did not." I searched his hex, aud I found a leaden bullet there, which I produce. I afterwards went to No. 32, Joseph-street, where I found the bullet produced embedded in the door, in a slanting direction. The hole was 5 feet 111 inches from the bottom of the door where the men were standing. I also produce the pistol.— By Mr Fawcett: The prisoner had nothing on but his shirt and stockings. The men were standing in the doorway of No. 32, and the door was open when I saw prisoner fire.— P.C. Patterson corroborated Sergeant Thornthwaite's evidence. John Meredith, paddler, No. 39, Joseph-street, Portrack-lane, said: Between six and seven I came out of the house to look at the prisoner, who was walking about the street with his clottes off, and with a revolver in his hand. I saw the prisoner pointing the revolver round the street, and then the three of us nipped into a house. Prisoner pointed the pistol at the three of us. I saw prisoner at the door of his own house, and he fired the pistol at us. I heard toe bullet enter the door near which I was standing, just above our beads.—By Mr Fawcett : I can't say whether I have ever seen the prisoner before. I did not know him. He is a perfect stranger to me. I did not say anything to the prisoner before he fired. Before prisoner fired the pistol I saw him fall down and get up again.—Wm. Whitney and John Thomas also gave corroborative evidence.—Prisoner, on being formally charged with shooting at the men, with intent to kill them, pleaded " Not guilty," and said that he should not call any witnesses now.—Mr Fawcett admitted that it was a very serious matter to fire a pistol in the public streets, but submitted that no jury, after hearing the evidence, would believe that he intended to murder the men. The prisoner was drunk, and walking about undressed with the pistol, and he did fire it off, but the men would say that they did not see him intentionally aim at them. The Bench said it wis too grave a case to be dealt with there, and committed the prisoner for trial at the next assizes. Bail refused.