The Birkenhead News and Wirral General Advertiser. — 1880-07-03 (Birkenhead, Merseyside, England)

ALLEGED MURDEROUS ASSAULT IN BACK ARTHUR STREET.  YEITZEDAT, at the Borough Police Court, John Davern, labourer, residing in Back Arthur-street was put forward on remand charged with having assaulted Owen Lacy, also a labourer, who resides in Cumberlandplace. The case had been previously before the ' court, and was postponed pending the condition of the prosecutor. The prosecutor, who looked very ill, and who wore a large calico bandage MrollB his temples, appeared in the box. Dr. Baker, home-surgeon to the Borough Hospital„ said that Lucy was now convalesent When admitted to the hospital he had a clean cut wound on his forehead, and had suffered from a slight attack of delirium tremens. He was, however, now out of danger. The wound inflicted might have been done with the hatchet (produced). Prisoner: I say it was not done with the hatchet. Might it not, doctor, be done with a bit of a stick. . . .  _ Dr. Baker: I cant say what it was done with, but I don't think it was done by a stick. _ _ . _  Mary Lacy, wife of the prosecutor, deposed that on Saturday night last, at about a quarterpast eleven o'clock she picked her husband up from off the floor of their dwelling. He was bleeding from a wound in the head, and before witness could get him out she was cut in the arm with a knife used on her by the prisoner's wife. Mary Jane Lacy, aged eleven years, daughter of the last witness deposed that she had seen the prisoner strike her father with the hatchet (produced.) Her father fell on the ground and when getting up was again struck and fell back bleeding. The prisoner's wife then came in and cut witness's mother's arm. The prisoner wished to ask the witness if her father had not been looking for him with nothing but his trousers and boots on, to light with him. _ .  The witness replied in the negative. P.C. 36 B deposed :—At about 12 o'clock on Saturday night I went to 3, Cumberlandplace, and there bund Owen Lacy, bleeding from a wound in the head. I took him to the Borough Hospital, where he was detained and attended to by Dr. Baker. I then came back to No. 1, Back Arthur-street, where I found the prisoner and took him into custody on a charge of having unlawfully assaulted Owen Lacy. In answer to the charge the prisoner said all right. I searched the house, and in a bedroom on a bed I found the are (produced.) It had blood on it. The prisoner's wife conveyed to him to the dock a large carving knife, a rolling pin, and two large flat irons. The prisoner, holding them up in full view of the court, exclaimed-Who does these belong to? Continuing he said—Owen Lacy, have I ever drank a glass of ale with you in my life, and was I ever in your company and why did you come to challenge me out to fight? Mr. Preston : Did you challenge him to fight? Prosecutor: Never, you worship. Prisoner: Did you not come into my house in your naked belt to challenge me? Prosecutor: I did not. _  Prisoner: Who owns the knife, the rolling pin, and the stones Prosecutor: I don't. I know nothing at all about them.  Prisoner: You do, Lacy, you do. A lad named Joseph Wright swore positively that he had seen the prisoner strike the prosecutor on the forehead with the hatchet (produced.) Prisoner : Mind; don't perjure yourself. That lad, your worship, would swear my life away. Will your worship, as I am a poor man without means, give me summonses to bring my witnesses here, and I will show who the kife, stones, and rolling pin belong to. Mr. Preston said he would give the prisoner an opportunity of calling witnesses and would again remand him to to-day. He at the same time was of opinion that the case was one for a jury. Ile prisoner was then remanded in custody.