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The Berkshire Chronicle

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Some Selected Reports from the Berkshire Chronicle



6th July 1867




BERKSHIRE QUARTER SESSIONS.
ALLEGED ASSAULT ON A POLICE CONSTABLE.

GEORGE FISHER was charged with assaulting police-constable Walter Ford, whilst in the execution of his duly at Welford, on May 6.
One of the county constabulary named Ford was at Welford on May 6, at about nine o'clock in the evening, when the defendant came along the road, and made use of a foul expression. He accused the constable of having done a dirty ..ck [?] to his cousin, and the former said that if he interfered with him he should lock him up. The defendant then struck him. The constable returned the blow. Some of the ..endants [?] came up, and they said they would taken [him]? home quietly, and the constable therefore let him go. The defendant was the worse for liquor. On being taken into custody a week after the prisoner said he should plead guilty, as he knew he hit the constable, and he should tell [the] magistrates what it was about.
For the defence Samuel Fisher, the uncle of the defendant [was] called, and he said that the constable was drunk, and �.




ALFRED WINTER was charged with stealing a watch, the property of Thomas Payne, at Clewer, on March 25. The prisoner was also charged with stealing 13lb weight of lead, the property of George Dawson, at Clewer, on April 18.
Three months imprisonment was awarded for each offence, the second term of imprisonment to commence at the expiration of the first.
JOHN MORRISON and GEORGE OGBORN were charged with stealing 52lb of lead, the property of her Majesty, at Windsor.
Mr. Bros, jun. appeared for the prosecution This was a very long and tedious case, but the facts were very simple. Both prisoner were employed on the same job at Windsor Castle. They were at work on the roof in taking up the old lead, and putting down new. The prisoners were not observed to take the lead away, nor was it missed, there being such a large quantity there that 50lbs would not be missed, not could the lead be identified although it was said that some of a similar description was in use at Windsor Castle. It was said that the two prisoners called at Rainer's marine shop in the morning, and sold 40lbs of lead for which they received five shillings. The young woman in the shop swore positively that Morrison was one of the men, but with regard to Ogborn she was not certain. It seemed, however, that Ogborn came in the evening and offered 12lbs of lead for sale. He was then taken into custody. Ogborn subsequently said that the lead was given to him by a person named Heath, who works for Mr. Crook. Heath said that had given Ogborn 2lbs of lead, but it was not of the same description as that produced, nor had his master any of that sort.
The jury acquitted Morrison, but found Ogborn Guilty.
He was sentenced to four months imprisonment.




SECOND COURT.
(Before G.C. Cherry, Esq, Vice-Chairman)

JOHN COLLINS, aged 20, labourer, pleaded not guilty to an indictment of having feloniously broken into the dwelling-house of William Patey, and stealing therefrom two pairs of boots, the property of Thomas Fulbrook, on the 8th of November, 1866.
Mr. Lawrence prosecuted, and Mr. Lister defended the prisoner.
The missing boots were the property of a lodger at Mr. Patey's house, and the prisoner had been lodging there some time before suspicion fell upon him.
Witnesses were called, however, who fully proved an alibi, and the jury at once returned a verdict of "Not Guilty."




PETTY THEFT AT STANFORD.

MARY ANN BREAKSPEAR, aged 40, charwoman, was indicted on a charge of having stolen seven shillings, the monies of William Seary, at Stanford, on the 13th of April.
The prisoner pleaded not guilty.
Mr. Lawrence prosecuted; and the prisoner was undefended.
Ann Seary, wife of William Seary, said that the prisoner lived very near to them, and was accustomed to take care of her (witness's) children while she was out at work. On the day in question the witness was out at work, and had left the money in a small vase, and the house key was in the possession of the prisoner. The witness did not know whether the prisoner had been in the house, but a next-door neighbour deposed that she saw the prisoner go into the house on the day in question, while Mrs. Seary was from home.
P.C. Joseph Barry, stationed at Stanford, took the prisoner into custody, while drinking, on the 1st of May, at the Marlborough Arms, and searched her, and found sixpence in her possession.
Several witnesses were called, who proved that the prisoner had paid some money that she owed, and had been drinking at several public houses.
The jury returned a verdict of Guilty.
The prisoner having before been convicted of stealing a piece of oak, the chairman passed a sentence of two months hard labour.




STEALING FOWLS AT BISHAM.

JOHN BOLTON, labourer, aged 56, imperfectly educated, was indicted for having, on the 5th of April, stolen three hen fowls, the property of Mr. James Hannings, of Bisham.
Prisoner pleaded not guilty.
Mr. Lister prosecuted, and the prisoner was undefended.
James Borlase, P.S., stated that on the day in question, at half-past five p.m., he saw the fowls in a wood at Bisham, in a pit covered over with branches. He watched and saw the prisoner come and take away the fowls.
Mr. Hannings identified the fowls - Verdict Guilty.
The prisoner was sentenced to six weeks imprisonment.




CHARGE OF FELONY AT DENCHWORTH.
JOHN SIMMONDS, aged 15 years, was indicted of committing an unnatural offence with a cow, on the 15th of June.
Mr. Lister prosecuted. The prisoner was undefended.
The jury returned a verdict of Not Guilty.





CUTTING AND WOUNDING AT CHIPPING LAMBOURNE.

JOHN SPANSWICK, aged 56, pig dealer, was indicted for having unlawfully and maliciously inflicting grievous bodily harm upon the person of William Spanswick, with a glass tumbler.
The injured man appeared in Court with his head bound up, and the use of his right eye altogether lost.
The prisoner pleaded Not Guilty.
Mr. Lister prosecuted; and Mr. Lawrence defended the prisoner.
The prisoner and the complainant, it appeared, were distantly related, and were also of the same occupation. They went to the Plough Inn, Chipping Lambourne, where a dispute arose over their beer, and the prisoner dashed a glass tumbler at the complainant's head, which inflicted several very serious wounds.
The evidence against the prisoner was so clear that he was induced by his solicitor to withdraw his plea, and pleaded Guilty.
The prisoner was sentenced to two months hard labour.





CHARGE OF LAMB STEALING AT WANTAGE.

JAMES ALLEN, 27, labourer, was charged with having stolen a lamb, value 10s., the property of Mr. Robert Campbell, at Buscot, on the 22nd of April.
The prisoner pleaded not guilty.
Mr. Lawrence prosecuted, and Mr. Lister defended the prisoner.
It appeared from the evidence for the prosecution, that on the 11th of March, 151 lambs were given into the custody of the prisoner, who was assistant shepherd. The prisoner �..




CUTTING AND WOUNDING IN SILVER-STREET.

WILLIAM GROVES, a middle-aged man, residing in Swan-court, Silver-street, was charged with maliciously cutting and wounding George Clarke, on the 7th of April.
He pleaded not guilty.
Mr. Montagu Williams prosecuted, and Mr. Pater defended the prisoner.
The case being from Silver-street, the court was crowded during the hearing.
George Clark, the prosecutor, was called, and said that he went to the prisoner's house at Swan-court, Silver-street, on Saturday, the 5th of April, to ask him why he had called a young woman that he was keeping company with a prostitute. On that occasion the prisoner knocked him on the head with a pistol. He left the house and returned on Sunday morning, to ask the prisoner why he had struck him on the Saturday night, and without any provocation the prisoner took a knife and stabbed the prosecutor in the head. The blood flowed freely, and the prosecutor was carried in a state of insensibility to the police-station and afterwards to the Hospital.
Mr. Pater, for the defence, tried to elicit from the prosecutor whether the blood had not flowed from a wound made on the Saturday, and not with a knife, but he adhered to his first statement.
In reply to the Recorder, the witness said that the prisoner had the knife in his hand when he first saw him on the Sunday morning.
Hannah Clark, sister of the prosecutor, said that she saw her brother go up to the prisoner on Sunday morning, and she heard the prisoner say "I cut him down as far as a calf on Saturday night, and if he comes near me now I will do ten times worse to him." The prisoner then beckoned for the prosecutor to go in, which he did, and the witness followed, and she saw the prisoner strike her brother with a knife, which was a common table knife.
By the Recorder : My brother went up to the prisoner's house after the threat I have mentioned. He did not push the door open; he just touched it and it flew open.
William Tims lodged at the house of the prosecutor. He was attracted to the house of the prisoner on the Sunday morning, and saw the prisoner lying on the prosecutor, and the latter was smothered with blood.
Francis M'Carthy corroborated the evidence of the former witnesses.
Two other witnesses were called who have corroborative evidence, which closed the case for the prosecution.
Mr. Pater then addressed the jury, and afterwards called Mr. Evans, the house surgeon at the Royal Berks Hospital, who said : I saw George Clark when brought in, and I dressed his wound. I don't think it was a serious matter. I said so at the time. I said at the time that I thought it was not caused by a knife.
On cross-examination by Mr. Williams witness said he did not think the knife produced caused the wound. A fall might have caused it.
The Recorder asked it the wound might have been caused by falling on a fender or on broken crockery ? The witness thought it might have been so caused.
Betsy Philis the mother of the young woman to whom the prosecutor pays his addresses, stated that she heard the prosecutor say he would take the prisoner's other eye out, he having lost one before. She warned the prisoner of this.
Police Inspector Townshend stated that the prosecutor when brought to the police station was wounded very badly on the left side of the head.
Leonard Simpson who lives in Silver-street, said that he heard Clark threaten to murder the prisoner. Clark burst open the door of the prisoners house in order to get in on the Sunday morning.
Charlotte Philis said that she saw the prosecutor break open the prisoners door. She saw Clark take up a stick to try to strike the prisoner.
George Gardiner, who lived near the house of the prisoner saw the prosecutor break the prisoner's door down.
Thomas Hind, who lives at Linnet-court, Silver-street, said he went into the prisoner's house after the scuffle, and found hair lying about the floor, and a large stick [produced]. The table was overturned, and the drawer having the knives in thrown out.
William Jennings, temperance missionary, West-street, had known the prisoner to be a quiet, steady, industrious man for the last three years.
Thomas George, temperance missionary, Southampton-place, corroborated Mr. Jenning's testimony.
The learned Council having addressed the Court, the RECORDER proceeded to sum up the evidence, going very minutely through the details. He strongly animadverted upon the conduct of the prisoner in using the knife supposing that the fact were proved. It would be, however, for the jury to consider whether it was possible for the wound to have been inflicted by accident, and not by the knife. In weighing the evidence it should be borne in mind that an excellent character had been given of the prisoner, which in a case of this kind was of the greatest importance. It was not necessary to believe that the witnesses for the prosecution had been guilty of deliberate perjury in order to convict the prisoner, for although they might believe their evidence, yet, while taking into consideration all the bearings of the case, if they had any reasonable doubt the prisoner was entitled to it.
The Jury, after a short consideration, returned a verdict of Not Guilty.
The verdict was greeted with the unusual manifestation of approval, by the occupants of the gallery.

The Court rose at twenty minutes past five.