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The alleged assault upon a police constable - 1872

Loughborough Advertiser - 9th May 1872

The alleged assault upon a police constable

At the Loughborough Police Court yesterday, before E Warner and E W C Middleton Esqrs.

The charge against Samuel Bailey, Richard Davis and William Battison, all of Loughborough, for assaulting PC Poulteney at Quorndon on the night of Sunday the 28th ult, came on for an adjourned hearing. Mr Giles appeared to prosecute, and Mr Cranch, of Nottingham for defendants.

PC Poulteney said, I am a Police constable stationed at Quorndon. On the night of Sunday, the 28th ult., I was on duty, when I observed four men come out of the White Horse public house; they were very fresh, and began to make a noise in the street. Two of them laid hold of arms, and ran against me as I stood in the street. I asked them what they were going to do. One of them said “We’ve come for a row and we mean to have one before we go out of the town”. I told them if they would take my advice, they would go quietly away and make no noise. The same one who had spoken before said, “You gave me 14 days once for breaking a fence, and we’ll give you something before we go”

They turned round and went towards Barrow a few yards, and then turned back and followed me up the road towards Loughborough, shouting and noising all the way they came – calling for “George”. They catched me against Mr Stammers’ gate, and the least of the three said, “Here the b---- is,” and struck me several times. Whilst I was on the ground a fourth man came up and took from me the defendant I had laid hold of. I was kicked on the head very much; my right ear was cut, and over the left eye – and several times about the body. I lost my helmet, and have heard nothing of it since.

A billycock hat was left on the ground after the row was over. After the man was rescued they all ran away. I never lost sight of the men after they came out of the public house until after I had been assaulted. I did not know any of them at the time. The three defendants are the same men who assaulted me."

Cross-examined by Mr Cranch: "There were four men there. I know the fourth, his name is George Potter. I have spoken to him about it since. When I was before the magistrates before, I said Potter pulled me off the man. He took no part in the assault. I did not know the men at the time. It was not particularly dark, being very starlight. I got a warrant last Saturday. I did not get it earlier because I had not seen the men . I did not know their names. I went and asked their names where they had been, the same night. I did not know Potter then. I went to Mr Cashmore’s on Saturday with a warrant against Battison. At that time I know Battison was one of the men. I asked Parnell if his name was Battison. I did not want to take Parnell under the warrant. Mr Cashmore said that it is not Battison, and I said I see now that it is not. I went to Mr Pegg’s to arrest Davis on Saturday. At the time he was in his shirt sleeves at work. He asked me to let him put his coat on, and I put it round his shoulders. I did not ask him if he had any sons. Mr Pegg was there. I did not know the names but I got them from persons who were at the public house. Having got their names from some one else, I went and took out a warrant."

Re-examined by Mr Giles: "Police constable Allen executed the warrant, but I was with him. Henry Sanders said, I live at Mr Darkers, the White Horse at Quorndon. On the night in question the three defendants and another man were at the White Horse drinking together. Davis had on a billycock like the one produced."

Cross-examined by Mr Cranch; "There are some marks on the billycock I know it by. The four men were at my master’s house drinking, and were fresh. They had a deal of drink, and they had some bread and cheese with it."

John Pilkington said, "I live at Quorndon and am a labourer. I was at the White Horse on the 28 ult. There were four men there. Between 10 and 11 o’clock at night I got up to go, and one of the men asked me to drink, and they all went out. When I got out I heard PC Poulteney say “don’t push me, or I shall take you up”. One of them said “You’d look well, a drunken policeman taking four sober men up”. Poulteney said to me “if they are your friends take them off”. The men went towards Barrow, and the policeman towards Loughborough."

Cross-examined by Mr Cranch: "I heard Poulteney say what I have just said . They were quite strangers to me. They were having beer and bread and cheese. One of the men went one way, and three another. I went into a corner for a purpose and while there I heard several persons pass on the same way as the policeman went."

Re-examined by Mr Giles:" I went to the public house about 9 and the men were there then. After I had left I went in again, and I heard them say Poulteney had come into the kitchen and was washing his face, as somebody had been “leathering” him."

Philip Wright said “I am a weaver, and live at Quorndon. On the night of the 28th ult. I was at the White Horse, and went about nine o’clock. The three defendants were there. I stayed till about ten and I left them there".

John Heggs, a quarryman said, "I live at Quorndon, near Mr Stammers, I was at home on the 28th ult I heard a cry of “murder” and I went out and up the street at far as Mr Stammers’ gates. As I went up the street, I saw three men pass. I found Poulteney on the ground and the blood was running down his face, and he appeared to be hurt very bad."

This was the case for the prosecution.

Mr Cranch, to Police Constable Poulteney: “Did you ever give one of these three young men fourteen days?” “I don’t remember that I did”.

Mr Cranch contended there was not a tittle of evidence against the three young men. The man Potter had been summoned on behalf of the prosecution; but they had not put him into the box and he would tell them the reason they dare not do it, it was because they knew he would swear he never saw any assault on the constable. The policeman had been assaulted by some party, and just because these young men were unfortunately at this public house on the night in question, he accuses them of this offence. He (the policeman) had sworn he did not know the defendants. Nor did he even know them when he went to apprehend them, as was very evident, in the case of Battison, when he mistook a man named Parnell for him, until he was told of the difference by Mr Cashmore, for whom he works.

Mr Cashmore was then called to speak to the character of Battison, and Mr Pegg for Davis, both of whom received high encomiums from their masters for sobriety, steadiness and general good character. The other defendant is in the employ of the Nottingham Manufacturing Company, and a letter was handed in on his behalf from the manager.

The magistrates then retired for a short time, and on their return into Court said the case looked very suspicious against the defendants; but as there was a doubt in the matter, they gave them the benefit of that doubt. The case was dismissed

   
 Submitted on: 2011-01-03
 Submitted by: Kathryn Paterson
 Artefact ID: 1110
 Print: View artefact in printer-friendly page

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