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RICHARD HITCHCOCK, GEORGE HARRIS, WILLIAM GRAHAM,
JOSEPH DAVID BINKS, CHARLES MELTON, Breaking Peace > riot,
19th August 1850.
1528. RICHARD
HITCHCOCK, GEORGE
HARRIS, WILLIAM
GRAHAM,
JOSEPH DAVID BINKS , and
CHARLES MELTON , were
indicted for a riot and assault.
MR. PARRY conducted the Prosecution.
WILLIAM COOK . I reside at Clayhill-farm, Plum-lane,
Shooter's Hill. I commenced living there about Christmas, 1848—I was put
in by Mrs. Lidgbird, to do the best I could with the farm, and afterwards
I was to have a lease of it for twenty-one years, if it answered—it was in
as bad a state as it could be; everything was all to pieces—the landlady
had the house repaired, and I had the painting and papering inside to do,
stoves, and everything put into the house, built a stable and pigery—the
farm was of about forty-six acres, and the cultivation had been very much
neglected—there had been a person of the name of Wynn in it—I expended on
the repairs of the house and on the land about 300l.—I saw Mr.
Dallen, the clergyman of Shooter's Hill, Mrs. Lidgbird's son-in-law, about
the farm—in Oct., 1849, Mr. Dallen came to me, and said Mrs. Lidgbird was
in want of a little money, and would be glad if I could let her have a
little—I sent her 20l.—nothing had been said about the rent for the
farm until such time as I had the lease—there was something mentioned, but
there was no kind of writing whatsumever—on 5th June last I was in
the occupation of the farm—I had gone on cultivating and attending to it
properly up to that time—there were several horses, and a cow or two, on
the farm, two pigs, and one cart—I had furniture in the house, and my wife
and six children resided with me—I had no servant—about March or April a
distress had been put in for rent—they took the ploughs, harrows, breaks,
and everything they could—if they had been fairly told, they would have
been worth nearly 50l.; but the ploughs, which cost me 5l.,
were sold for about 3s. 6d., and the harrows at 1s. a
piece—a man named Cahan seized them—I have received no account of that
sale—on 5th June, about twelve o'clock in the day, the defendant, Graham,
came to the door, and demanded 60l. odd, as rent, for Mrs. Lidgbird—I
told him I did not see what business I had to pay any rent—he then went
behind the house, and gave a whistle, and the four other defendants came
running in directly, like to many wild beasts—Binks is a broker—I then
went to the sty, and turned two pigs out into the yard—Hitchcock said,
"Lock the b—up," and he went to take the pigs out of the yard—I went to
shy a brick to drive the pigs back, to stop them, and it hit Hitchcock on
the leg—I had told them the first thing to quit the premises, and I told
them so several times, and asked what authority they had—they made no
answer, but "Look him up"—Graham pulled a paper out of his pocket,
something about this money—he said he wanted the rent for Mrs. Lidgbird—it
was a bit of brick I threw which hit Hitchcock, not a brick—he then pulled
off his coat, and challenged me to fight—Mrs. Cook was present in the yard
at the time—I believe the children were in-doors, but do not know—Mrs.
Cook came out of the house at the same time the men came rushing
in—Hitchcock laid hold of a stick which laid in the yard, and ran after me
with it; and I ran and picked up another at the back of the house, and
defended myself with it—Harris also had a stick, and they all came on me
together, saying, "Kill the b—"—I drove them all back, out into the yard,
and from the yard into the lane—Harris there pinned me by the arms, and
Hitchcock struck me on the head with the stick, and gave me a wound two
inches long—I went to Mr. Turner's, a surgeon, afterwards—they then went
into the village, and fetched two policemen to lock me up—the blood flowed
from my head like a fountain—my wife washed my head, and had some
difficulty in stopping the blood—the wound was very painful; I suffered
from it for about three weeks, it is healed now—the prisoners did not go
away, they remained about the premises, smoking and drinking a good deal,
in the stables and in the garden—they were there seven days, night and
day, all the five of them—now and then a refreshing came, and the
others went away, but they came back again—on the night of the 8th,
Hitchcock and Harris attempted to break into the house, at a quarter-past
one—I was outside, watching—they lifted up the window, and tried to force
open the shutters—the other men were walking round the front of the house
at the time—at the end of the seven days, they took away seven horses, and
pigs, and a cart, and a quantity of harness—the horses were grass horses
that I had, and belonged to other persons—two belonged to a dealer, that I
do not believe had been on the farm, but they drove them on—I cannot say
exactly what they did take, but I should say it was to the value of nearly
100l.—I received an account of the sale some few days
afterwards—this is it (produced)—it is signed "William Graham," and
states they were sold for 29l. 18s. 6d.
Cross-examined by MR. BALLANTINE.
Q. Were you present at the sale? A. I was not—this is the
paper I had sent me—there was another paper; I do not know whether Mr.
Owens has got it—I am a farmer—I have occupied several pieces of land from
different landlords—the last might have been about three years ago, under
Mr. Russell—I occupied that for three years, at 45l. rent—I never
had a distress put in there—I gave it up, and had no land for about two
years when I went into this—I knew it was Mrs. Lidgbird's farm, and
applied to her to take it—she is an old lady—the Rev. Mr. Dallen lives
with her—I was put into the farm to do the best I could—they talked of
rent when I took up the lease, but I never did—there was a bother about
getting a man named Wynne out before I took it—I think when I took up the
lease the rent was to be about 91l., or 92l.—it might have
been 92l. 10s.; I cannot say—if the farm turned out to our
satisfaction I was to have a lease for twenty-one years—I had to lay out a
good deal on it—I sold two houses for 300l. on Mr. Davis's estate—I
had to pay a mortgage on them, but I got 300l.—the mortgage might
be about 100l., but I had got money to pay it—I went in between
Christmas and March, about the middle of the quarter—I was to pay no rent
till they granted me the lease—no time was fixed for granting it—I was to
get the land into working order—I did not expect I was to pay a
farthing—they were afraid to make any agreement because another man holds
the lease, and how could they grant me one; I did not know that at the
time—the first distress was about twelve months after I went in—up to that
time I had paid nothing; not of rent kind—Mrs. Lidgbird sent down to me,
saying she wanted some money, and I sent her up 20l., and this is
the receipt she sent me back (produced)—I sent it out of kindness—I
do not know whether it was lent, paid, or given—I thought, perhaps, she
might have been short of money—I believe she is a lady of fortune—I
thought we might arrange it somehow between us—it was neither given or
paid—I thought we might come to some terms on different things—she put in
the distress in March, for rent from March 1849, to March 1850—I did not
replevy—I ordered the broker off the premises, and put him off—I shoved
him off—he did not get his head broken—I did not strike him—he rolled over
a small lump of dirt by the gate, and caught his heels as I pushed him
back, and fell on his back—he was not one of the parties who distrained
the second time—perhaps he had had enough of it—the greatest part of the
land is grass land, and about fifteen acres of ploughing land—I have had
no crops off it—how could I, when they took my ploughs and harrows away—I
have had a little hay off the grass land—the two pigs were worth about 3l.—I
did not let them out of the sty to prevent them being distrained, but
because it is a thing we very often do in the yard—I should have let them
out if Graham had not come—I threw the brick to stop them, to turn them
back—Hitchcock could run as fast after he was hit as he did before—I might
have pitched two pieces of brick; I do not know—the second did not touch
the man or go near him—I did not have a bill-hook in my hand—there was one
on the chopping-block at the back of the house—I will swear Hitchcock did
not wrest it from my hands—I never had it in my hand—Hitchcock took it off
the block at the time he took the stick—I hit Hitchcock and Harris with
the stick, but the one they hit me with was as big again—I hit Harris on
the hand, I think, and Hitchcock on the thumb or finger—I went to the
doctor the same day—I was afterwards summoned before the Magistrate, at
Woolwich, by Hitchcock and Harris, and charged with an assault on
Hitchcock with the bill-hook, and a further assault on Harris—the
prisoners all gave evidence against me, and was bound over to answer the
charge at the session—I immediately went before the Grand jury here, and
preferred this charge against all five—I had previously taken out
summonses against them, but there was no inquiry on my charge before the
Magistrate.
MR. PARRY. Q. Did you go to the
Magistrate for the purpose of preferring a charge against them? A.
Yes, I believe I did—I think the Magistrate mentioned something about my
going before the Grand jury, but I do not recollect much about it—I acted
under the advice of Mr. Owens, my attorney—I hit Hitchcock and Harris when
I was defending myself, after they had come at me with sticks—I let the
pigs out about two or three minutes after Graham came—I do not know what
replevying a distress means—I received no notice of the distress in
March—Mr. Dallen sent me a letter a day or two before, to say I was to pay
the rent—I have expended about 300l. on this farm—Mrs. Lidgbird
told me she laid out about 100l. in repairs—the 90l. rent
was mentioned the first time I went to Mrs. Lidgbird's—I was to have a
lease as soon as the farm was in cultivating order—I have never been
offered a lease—I first heard of another man having a lease about last
Christmas.
MARY ANN COOK . I am the wife of William Cook. On 5th June,
as my husband and I were sitting at dinner, I heard a rap at the door—it
was Mr. Graham—he wished to go in-doors, and I wished to know why—my
husband went to the door, and he said he was to distrain by Mrs.
Lidgbird's orders—they stood talking outside, and I closed the door—I
afterwards heard Graham whistle, and five or six men came into the yard to
him—they came with very abusive language, not fit for me to
repeat—Hitchcock threw down his coat and hat and challenged Mr. Cook to
fight—Mr. Cook wished to know what they wanted—they said they had come for
62l., I think—he wished to know what it was for, and they began
with their abusive language, and would not tell him, no more than it was
to distrain by Mrs. Lidgbird's orders—all this was before the pigs were
driven out—after the pigs were driven out Hitchcock picked up a stick and
followed Mr. Cook—he picked up another, and Harris held him by the
shoulders while Hitchcock struck him a blow with his stick and made a
wound—I was close to them—I saw the brick thrown—Mr. Cook threw one to
defend himself from Hitchcock's stick—the pigs were then driven down the
lane by Melton—Hitchcock was making his way towards Mr. Cook with the
stick when the brick was thrown—he threw it to defend himself from
him—Harris also had a stick; none of the others—Harris had no stick at the
time Mr. Cook threw the brick, he took it afterwards—the blow Hitchcock
struck Mr. Cook was a very severe one—I bathed his head with two pails of
water and a soft towel; it bled very much—he said, "Fetch me some water to
bathe my head, I am a dead man"—none of the children were at home—the
prisoners remained seven days on the premises, all five of them, and
sometimes more, and they were drunk the best part of the time—they made a
great noise—the place was never quiet night or day—they were walking about
the premises all night, trying to get in—I was very much alarmed—I never
went to bed one night while they were there—they had lights in the stable
and straw to lie on.
Cross-examined. Q. Where did the brick come from that your
husband threw? A. He picked it up close to him—he threw two; one
hit Hitchcock on the leg, the other did not hit him—he threw it with the
intention of hitting him, but it escaped him—Hitchcock was as near to him
at the time as he could be to strike him, brandishing his stick towards
him—the pigs were down the lane at that time, not in sight.
SARAH BISHOP . On 5th June I lived in a cottage adjoining Mr.
Cook's—Mr. Graham came and asked me where Mr. Cook lived; I told him, and
he went away—I afterwards saw him outside Mr. Cook's door,' quarrelling
with Mr. Cook—I afterwards saw Mr. Cook held by Harris, while Hitchcock,
with a thick stick, struck him on the bead with all his force; that was at
the end of our garden—before that I heard Hitchcock say, "Come out like a
man, and I will fight you"—Harris had a stick—I heard Mr. Cook say he was
a dead man when he was struck; he had a stick—I did not see any bill-book
in his hand—the men remained on the premises for some days; I only saw
them in the daytime.
Cross-examined. Q. You live with your father and mother? A.
Yes; they are tenants of Mr. Cook—we pay him rent regularly every week—I
used not to go there very often—I have been since—I saw some one drive the
pigs about, but they were very much muddled, and I did not notice
who it was—I saw no bricks thrown nor any bill-hook used—I heard Hitchcock
say afterwards that Mr. Cook had a bill-hook in his hand, but I did not
see it—I never saw one on the premises—Mrs. Cook was close to her husband
when he was struck—she did not strike anybody—she was quite quiet—she
helped him away—I was at our window, thirteen or fourteen yards off.
JOHN GROWTHER . I live in Plum-lane. On 5th August, as I sat
at dinner, I heard a cry of murder in the lane three or four times—I went
out and saw Hitchcock and Harris dragging Mr. Cook down the lane, one
having hold of each arm—his head was bleeding very much—one of them, I do
not know which, said it would be a good job if they killed him—I did not
see him struck.
Cross-examined. Q. Do you occupy a cottage under Mr. Cook? A.
I did; I do not now—they were dragging him down the lane, and he was
pulling back.
JAMES SAMUEL TURNER . I am a surgeon, in Plumstead-road. On
the afternoon of 5th June, Cook came to me between four and five
o'clock—he had a severe jagged cut on his head, on the right parietal
bone—I dressed it, and saw him twice afterwards—he has entirely recovered
from it now—he might feel the effects of it perhaps two or three weeks.
JURY to
WILLIAM COOK. Q. Before this riotous attempt, was there any
rent demanded by the landlady in the usual way? A. Not at all;
there was no understanding that I was to pay what rent I could afford—I
was only to pay rent when they granted me the lease; no other time was
mentioned—the cottages occupied by Bishop and Crowther are part of the
farm that I hold of Mrs. Lidgbird.
NOT GUILTY .
Before Mr. Common-Serjeant and the Third Jury.
Session continued....
WILLIAM COOK, Breaking Peace > assault,
19th August 1850.
1528. WILLIAM
COOK was indicted for assaulting
Richard Hitchcock.
MESSRS. HUDDLESTON and
COCKLE conducted the Prosecution.
REV. THOMAS JAMES DALLEN . I am a clergyman, and live at
Shooters-hill—I reside with Mrs. Lidgbird, who is my mother-in-law—the
defendant occupies Clayhill farm under her, for which be agreed to give 92l.
10s. per annum, clear of all rates and taxes—I cannot state the
precise day on which that agreement was made, but it was early in Feb.,
1849; it might have been the last day in Jan.—the rent was to commence at
the following Lady-day—he was to have the intermediate time to prepare the
land—I received a message from Mrs. Lidgbird to take to Mr. Pearce the
attorney.
Cross-examined by MR. PARRY.
Q. How long had the farm been unoccupied? A. The former tenant
left it the Oct. previous—he went to Australia, leaving two years rent
due—he held a lease under Mrs. Lidgbird, which lease has been set aside by
a judgment of the Court of Queen's Bench—on 27 th Jan. we obtained
possession by the Sheriff—part of the farm was badly cultivated, and part
was pretty well—it was through me, in Mrs Lidgbird's presence, that the
agreement with Cook was made—he offered to do the internal repair if Mrs.
Lidgbird would do the external—he was to have a lease for seven, fourteen,
or twenty-one years—there was no day specified for his having it—the
arrangement was not that he should get the ground into good cultivation,
lay out money for that purpose, and then that an amount of rent should be
reserved, to be specified in the lease—he has never demanded any lease; I
have never offered him one—Mrs. Lidgbird first demanded rent in Oct.
1849—I think I went to him one day for her, and one day with her—I heard
Mrs. Lidgbird demand rent, and Cook admitted it to be due—I cannot say the
precise terms in which I asked Cook for the rent in Oct.—I may have said
Mrs. Lidgbird wanted money—this paper (produced) is my writing—this
is "Paid 20l. for the use of Mrs. Lidgbird"—I do not know why I did
not put "on account of rent"—it was a mere memorandum—the rest of the rent
was to come up shortly, and then he would have had a proper receipt for
the whole—I think I gave Cook the particulars of the agreement on a bit of
paper—I have here a pencil memorandum which I made at the time (producing
it), "Rent to be paid, 92l. 10s., and lease seven,
fourteen, or twenty-one years"—the farm was in a bad state of repair—Cook
built a stable and some piggeries—I was before the Magistrate, and heard
him recommend the parties to go before the Grand Jury and prefer their
charge.
MR. HUDDLESTON. Q. Who found the
materials for building the stable? A. Mrs. Lidgbird—there were a
great many bricks, tiles, and some timber in the place belonging to a
cottage which was pulled down, and they were given him to use—Cook did not
tell me himself, when he paid the 20l., that the rest of the rent
would come shortly—that message was brought to me by Ruth Coleman, his
servant.
ROBERT HITCHCOCK . I live at 7, Union-buildings, Woolwich. On
5th June I went with Mr. Graham to the front of Cook's house—he was
chopping some wood at the time—we left Binkes on the common; he was coming
shortly after—Graham told Cook that he came to levy a distress for 60l.
odd, if he could not pay the money—he said, "You have not shown me the
account of the goods you took before"—Graham said, "I have nothing at all
to do with that," and he showed him his warrant—we came down the yard
talking together, and Cook opened the pigsty, and let two pigs out
belonging to Mr. Jacobs—the pigs ran about the yard; I went to stop them,
Graham told me to do so—Cook up with two bricks and sent one at me—that
missed me, and the second one hit me in the thigh, and knocked me down—he
said he would clear the b—y yard—I got up and followed him round the back
way—he said "I will cut all your b—y heads off," and he ran to this
chopper (produced) and took it up—I begged of him to be quiet—he
was in the act of raising it up when I wrenched it out of his hand—he then
followed me with a stick, and knocked me down with it in the yard—I said,
"You are not half a man, you will murder me"—he cut at me again over the
hands, and they were all bruised—it was a thick hedge-stick—they swelled
very much, and one of them bled; I showed the Magistrate the state they
were in—I took up a stick to defend myself—he kept swinging his stick
about, so that I could not get near him—he was like a madman, running at
all of us—he drove us all into the lane, and in the scuffle there my stick
fell on his head.
Cross-examined. Q. Accidentally? A. Yes—I never hit him
one blow—his head was cut, and bled a good deal—Harris had a stick; he did
not say "it would have been well if we had killed him," or anything of the
kind—I swear that—I did not know anything about going there till half-past
ten that morning—I knew nothing about any one else going besides me and
Graham and Binks—Graham
knocked at the side door—Cook came from the back of the house—I heard no
whistle given for the other men to come up—they came very quietly—we made
no disturbance—we did not say, "Come on, we will kill the b—r," or
anything of that sort—I am a furniture and general dealer—I sell old
clothes and brokery things—I occupy a house, and pay 7s. 6d.
a week—I have lived there two years and a half—I have never been engaged
in this kind of thing before—I received 3s. 6d. a day for
this for seven days—I was on the premises all night—I never made any
attempt to break into the house—I never lifted the window, or tried to
open the shutters; it is not legal to do such a thing, I have been told
so—I did not strike Cook on the head with all my force; if I had I should
have killed him with the stick I had got—it was a very thick one; it was
the first I could pull out of the hedge—I have never been charged with any
assault before this, nor with anything—I have been in a station once for
being drunk, two years ago, never for anything else—I was fined 15s.
then—I saw Mrs. Cook—she came out and begged Mr. Cook to be quiet—she was
excited at his flourishing the stick about—I had not drunk anything that
morning—Mr. Graham fetched me that morning—he said he would give me a
job—I had known him for about four years—I think I had a drop of gin that
morning with Graham at Spence's, nothing else—that was about half-past
ten—I was not at the Lord Bloomfield that morning—I did not challenge
Cook, or pull off my coat—I said if Cook was a man he would put down the
stick and fight like a man—I never fight—we had some porter when this was
over—Harris had not hold of Cook when I struck him—directly I had struck
him Harris went and laid hold of him.
WILLIAM GRAHAM . I am a broker, and live at 7, Grove-lane,
Woolwich. On 5th June I went with Hitchcock and others to Mr. Cook's
premises—I had a distress-warrant with me—this (produced) is it—I
received it from Mr. Binks—he
could not perform it himself, and he employed me as his agent—I produced
the warrant to Cook, and made a demand on him for the rent, 65l. 18s.
6d., as stated in the warrant—he saw it, and I read it to him in
the usual course—he said, "I am very sorry; you know me very well; you
should have let me know, and I would have made it all right"—I said, "I
have a duty to perform, Cook, which I am sorry so to do, but I will
perform my duty as mildly as I possibly can"—this took place opposite the
door of his dwelling-house—we then proceeded round to the back of the
house—I told him he had better allow the duty to be done quietly—he said,
"I don't blame you at all"—I then said, "My men are close handy, I will
give notice to them"—Cook proceeded into the farm-yard; and on seeing the
two men to place in execution, and Mr.
Binks, and a person named
Melton, who was taking a walk up that way, and came in likewise, Cook used
a dreadful oath, stooped down, took up a brickbat, or a portion of a
brickbat, and violently threw it at Hitchcock—it struck him, and he
fell—he threw two bricks—nothing had been done with respect to the pigs
previous to this—he went to the pigsty immediately afterwards, removed the
pigs, and sent them down the lane; and I drove them back again—I said to
him, "You must not let these pigs out"—he said, "Oh they are not my pigs,
they belong to a cow-keeper down here, therefore you will let them go"—I
said, "No, I can allow nothing to go off the premises;" and I and Melton
drove them back—Hitchcock was not with me then—he was taking care of the
premises—I did not send him after the pigs—when I returned, I found Cook
attacking Hitchcock with a stick—Harris seeing Hitchcock attacked,
immediately ran to his rescue, and he received a blow from Cook with a
hedge-stick, which broke his little finger—Hitchcock had a stick to defend
himself, and that stick by some means struck Cook on the head—I saw Cook
with a bill-hook in his hand, and he threatened to assault us all with it
if we did not leave the premises—I said, "You had better just walk away
quietly, and perhaps he will come to in temper after a time"—we did not go
off the premises—we retreated, of course, from the man with such a weapon
in his hand—we were obliged to retreat—Hitchcock got it from him.
Cross-examined. Q. Did you go up and tap at the door? A.
No, I met him—the other men were there, at the outer gate, in the lane,
waiting for my instructions—I did not whistle—I saw Mrs. Cook through the
window, not out of the house—she took good care to secure the house while
we went round—she was not in the yard till after the row was over—I
knew Binks and Melton
before—Melton had not received any intimation from me to be there—we met
him on the road, and said, "We are going up to so-and-so, on unpleasant
duty; will you accompany us?"—I had nothing to drink that morning—I have
been tried before, and was honourably acquitted before his Honour: it was
for a forcible entry—I was never charged with anything else—that is about
twelve months ago—Mr. Huddleston defended me—I saw blood flow from Cook's
head—it was not a very large quantity—it was a hedge-stick—I was in
possession of the premises for seven days, not with all my men, Hitchcock,
Harris, and a man named Telfer; not
Binks or Melton—I did not
remain there all night; I used to go away to my business, and return again
to see that everything was going on right—I was in the Lord Bloomfield
that morning, on my return, not on my way—I took nothing on my way—I had
no porter with Hitchcock, to my recollection—I know Spence's, I had no
porter there with Hitchcock or Harris that morning—Hitchcock and Harris
had come from Thomas-street that morning—Hitchcock lives in a place called
the Gardens; he met us at his uncle's shop—I, Harris, and Hitchcock, all
went together—Mr. John Campbell appraised the goods.
MR. HUDDLESTON. Q. Do you
recollect whether you went to Spence's at all that morning? A. Two
or three went in to get a little refreshment, I stopped outside to see a
person.
COURT. Q. You saw two bricks
thrown, you say? A. I did; I saw the first one hit Hitchcock.
GEORGE HARRIS . On 5th June I followed Graham and Hitchcock
to Cook's premises—I saw Graham,
Binks, and Hitchcock in the yard—I saw some pigs in the sty—I saw
them turned out by Cook—I heard him say they belonged to Mr.
Jacob—Hitchcock ran to stop them, and they went out of the gate—I saw Cook
throw the bricks at Hitchcock before the pigs were turned out; one hit him
on the right thigh, and knocked him down—I saw a bill-hook when I first
went into the yard: I did not see anything done with it, no more than I
saw Hitchcock with it, coming from the rear of the house— Cook was close
behind him; and before I saw Hitchcock, I heard Cook say, "I will chop
your b—y heads off"—Hitchcock said, "Look at what he was going to
use"—Cook said, "Get off my premises"—I said, "Cook, if anything is wrong,
and this seizure is wrong, you have your remedy"—"You," he said, you b—y
rogue, you are the biggest b—y rogue of the lot"—he then took up this
stick, and struck me a severe blow across the right-hand—he then made
several attacks on all of us—he afterwards struck me across the
right-hand, and broke my finger just above the knuckle—he was very
violent—he drove us all out into the lane with the stick—he was making a
blow at Hitchcock with this stick, and Hitchcock had a stick raised at the
same time; as I considered, to defend himself from the blow—I rushed in to
Cook at the same time, and seized him round the middle, and took this
stick from him—at the same time the two sticks came in contact together,
and Hitchcock's stick fell on Cook's head—I had picked up a small stick,
but I threw it away, and said, "We will have none of this."
Cross-examined. Q. Did you go before the Magistrate? A. I
did; I preferred a charge of assault; that was not dismissed—it was not
gone into, on condition that an indictment should be preferred here—it
never has been; I expected it would—I had no surgeon to set my finger;
some men there cut some pieces of wood, and I had it put together and
bandaged it up; it is crooked now, it was straight before—I was in great
pain, and had some goulard-water for it, which I purchased at Mr.
Stewart's, a chemist in the town next day—it was bandaged up for three
weeks—the stick I had was a small one—this stick has been in the
possession of the police since the day the case came on for hearing at the
police-court; I seized it from Cook—his head was hurt; it bled a little—I
have had many a worse crack of the head than that—I was seventeen
years in the police, and am now receiving a pension of 27l. a
year—I have not got the stick that Hitchcock had: it was not so long as
this; it was about as thick as this end, it was about two feet six inches
long—I had come from Thomas-street, Woolwich that morning—I came alone—I
never saw Graham till I got to the farm—I know Melton; I saw him there
with Mr. Binks—I had not
been drinking with Mr. Graham that morning—I had had nothing to drink that
morning—I had 3s. 6d. a day for this, and my food.
CHARLES MELTON . On 5th June, I saw Mr.
Binks, Hitchcock, Harris,
and Graham at Cook's farm—it was quite accidentally that I was there—I was
standing, with Mr. Binks,
in the lane, and saw Hitchcock, Harm and Graham there, by the gate—Mr.
Binks said to Graham, "You
go and demand the rent of Mr. Cook"—Graham went, and Mr.
Binks and I stood in the
lane for a minute or two—Graham and Harris then returned, and said, "The
house is closed, the doors are locked the windows are bolted, and we
cannot get admission"—Mr. Binks
then went with them to the back of the house—I stood in the lane, looking
over the farm-gate—in about five or six minutes, Hitchcock said, "He has
got the bill-hook"—he ran back, and came and said, "I have got the
bill-hook away from him"—then Cook, Harris, and Graham, came from behind
the house, and Cook said, "Be off out of my premises"—he ran to the
pigsty, opened it, and drove out two pigs—he then took up two or three
good-sized brickbats; he flung one at Hitchcock, caught him on the thigh,
and knocked him down on his back—he then flung the other; I do not know
whether he aimed it at any one, but it did not strike any one—he then
said, "Off my premises, you b—s, or else I will kill every b—man of
you"—he took up a stick, and struck Hitchcock with it violently—Hitchcock
said, "If you are a man, don't kill me; if you want to fight, I will fight
you like a man, but not with this"—he then turned to Harris, and struck
him across the hand, after he had driven us all out into the lane, and I
believe broke his finger—he then turned to Hitchcock again, and they had
stick and stick, Cook trying to strike Hitchcock, and Hitchcock defending
himself, and their two sticks came together, and Hitchcock's stick slipped
down, and cut Cook's head open—Harris then said, "Down with your sticks;"
threw his own down, and ran and caught hold of Cook in his arms, to
prevent any further struggle.
Cross-examined. Q. When did Harris take up a stick? A. I
do not know; I did not see him take it up, or use it—I remained there
about half an hour, and then went home—I did not assist in driving the
pigs—I had nothing to do with this matter, I was there accidentally—I have
been a tradesman in Woolwich twenty years, and rent a 52l. house—I
have known Binks five
years—I knew Harris when he was a policeman—I have only known Hitchcock
very recently—I did not go inside the gate—I took nothing to eat or drink
with them—I took the men something to eat in the evening, by Binkes'
orders—I keep an eating-house; I supplied them for seven days.
JOHN(?)
DAVID BINKS . I am an upholsterer and auctioneer. I
went after Graham, on 5th June, to Cook's—I gave him this paper (produced),
which I got from Mr. Fearce, Mrs. Lidgbird's solicitor—Graham went to the
back of the house, Cook came out, and Graham demanded 65l. 18s.
6d., due for rent—Cook said he did not owe it, and he should not
pay it—Graham said he did—Cook said, "What authority have you to come
here?" and he produced this warrant—Cook then said if every one did not
leave the premises, he would make them; and he went and took up a
bill-hook, and held it up in an attitude, and said if the whole did not
leave the premises he would cleave every b—b—down—Graham said certainly we
should not leave; and Hitchcock wrested the bill-hook out of his hand—he
repeatedly said, would we leave the premises, and we said, "Certainly
not"—he then took up two brickbats, and one struck Hitchcock on the thigh,
and knocked him down—as he was rising, he aimed another at his head, which
missed him—he then flew to a hedge-stake, and took up a stick similar to
this, put himself in an attitude, and said if we did not leave the
premises what he would do; and he not only said it, but he put it into
execution, for he struck both Hitchcock and Harris with the stick, and
drove us all out into the lane—we had nothing to protect ourselves with,
and were obliged to fly—he aimed a blow at my head—in the lane he used the
same expressions, and held up the stick, and Hitchcock and Harris flew to
a hedge, and picked up a stick each to protect themselves—Cook made a blow
at Hitchcock, which fell short of him—he then made another, which
Hitchcock parried; he then slew himself round and struck Cook on
the head—I saw the blood come, and then ran for the police—I had received
the warrant from Mr. Pearce previous to going on the premises.
COURT. Q. Did you have any
instructions from Mrs. Lidgbird? A. I did—what I did was in
consequence of those instructions.
Cross-examined. Q. How was it that Hitchcock struck Cook on the
head? A. He dropped the stick on his head—I did not think it would
hurt him, but it did, and the blood came, not a great quantity—I was not
in possession for the seven days, I merely went there to see Graham
execute the warrant—I took no part in it—I appraised the goods.
WILLIAM GRAHAM , re-examined. I took possession on
Wednesday, 5th June—the sale was on 11th or 12th, at the right time, seven
days—I did not get possession of all the goods on the same day—some I did
not get till the 9th; but they were on the same premises, consequently it
was a seizure of anything they contained.
JOSEPH JACOBS . A person who lives in one of Cook's
tenements, who they call "Jack the brickmaker," came to me with a message
from Cook—I saw Cook that evening, and told him that the pigs he had sent
to me to own I could not own as they did not belong to me—I told him that
Jack the brickmaker had come to me and said my pigs were down in the lane,
and I was to go and take them away; that I said they did not belong to me,
and that he said there was a seizure, and I was to take them; but I would
not, as they did not belong to me—Cook made a laugh at it, and then said
they belonged to a relation of his, named Gardiner; and Gardiner was with
me at the time, and said they did not belong to him.
Cross-examined. Q. Who has got the pigs? A. They were
sold.
JOHN CAMPION . I am a sworn appraiser. I condemned the goods
in this case on 11th June, and produce the condemnation-paper—I was
regularly sworn in the usual way.
Cross-examined. Q. Had
Binks appraised them before? A.No, we did it together.
MR. PARRY, for the Defence, called
Sarah Bishop and Mr. Turner, who gave the same evidence as at page 571.
(The defendant received a good character.)
GUILTY .— Fined Ten Pounds .
Before Mr. Baron Platt.
Click to download Adobe Acrobat file containing
original source documents for the above two trials which took place on
19th August 1850
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