Tonbridge Free Press – Saturday 21 June 1890

Tonbridge Petty Sessions.

Tuesday before Major-general Fitz-Hugh, in the Chair, H A Darbishire, and A T Beeching, Esqs.

Walter Edward Potter, a police constable stationed at Shipbourne, was summoned for assaulting Henry Jenner, at Shipbourne, on 10th June; and also for a violation of duty as a police constable by entering certain licensed premises and remaining there drinking intoxicating liquors for a considerable time, and by accepting to fight one Henry Jenner and striking him, at Shipbourne, on 10th June. Mr. G D Warner appeared for the defendant.

Henry Jenner deposed that he was a labourer, at Shipbourne. On the evening of the 10th of June, between 8 and 9 o’clock, witness was in the "New Inn," and Potter was also there. He was in front of the bar, and speaking to Mr. Brice about some plants, when Potter came in and called him a b______ liar. Defendant said witness had not got any plants, and that what he had got he could not take care of, because he had cut them in the morning and laid them out of his (Jenner’s) sight. Potter also said witness was a coward, and laid a sixpence on the bar as a challenge to go out and fight him. Defendant pulled some of his clothes off, and put himself in a fighting position, and went outside the house for a few minutes. Potter came back, and then they went out together. Witness went out to stand in his own defence, when Potter stripped to fight him.

Defendant struck him twice on the forehead. He did not return the blows. Potter asked him if he would have any more of it, and he told him he would not. So far as witness knew, he was not drunk. The second blow knocked him down, and there was a mark on his forehead, but this had since disappeared.

Cross-examined by Mr. Warner, witness said he was quiet and peaceful, and did not interfere with Potter at all. He did not threaten to flatten defendant’s nose before he left Shipbourne. Witness could not say what clothes Potter took off, but when he came out he was in his shirt sleeves. He saw him pull something off, and another man held it, but he did not know what it was. Witness took his coat off, and Warren did not tell him to put it on again. He did not pull his coat off several times. Witness was not abusing Potter all the while he was in the house. Defendant came back and challenged him a second time to fight. He said he would thrash him, and witness told him to do it. Witness did not put up his fists, but he was ready to keep the blows off. He did not tell Potter he was sure he would not miss him. He heard Brice refuse to let Potter have any beer, but he did not hear him complain to the policeman about his conduct. They afterwards had a pint of beer together. He had not then made it up, and he thought it his duty to summon him.

Alfred Brice, the manager of the "New Inn," stated that between 8 and 9 o’clock Potter was standing at the bar, when complainant came in. As soon as they met they commenced teasing each other in a joking manner, and he was obliged to ask them to be quiet.

Afterwards he heard a challenge to go out and box; he could not say which one made it but it was repeated several times. Each of them gave the challenge. Potter was in uniform, with the exception of his helmet, and was perfectly sober. Jenner was also sober. They both left the house after the challenge, and he did not see what took place outside. He saw defendant take his cape off, and Jenner removed his coat. That was as they were leaving the house. All this took place in a few seconds.

Witness saw Potter, before all this, place a sixpence on the counter in a joking manner, and he offered to box Jenner for it. When the men came back for their clothes, Potter took up a pot belonging to another man, and drunk the beer from it. The constable asked witness to draw him some to replace what he had drunk, and he did so with the object of preventing any disturbance arising from it. He was unable to say which gave the first challenge to box. When they drank together, they had apparently made the quarrel up.

By Mr. Warner: Potter did not go out of the house in his shirt sleeves. He believed he had his tunic on; there was a belt around it. Witness had not had any occasion to ask Jenner to be quiet. He treated the whole thing as a joke, or he should have cleared them out long before. His instructions were to conduct the house properly and quietly.

John Chandler, a painter deposed that he heard Jenner and Potter having a few words together. Complainant went out onto the Green, and Potter said to Burbridge “Hold my cape, and I will go and have a game with him.” Just after Potter came back, and as Jenner was walking back towards the bar the defendant went up to him. Potter took his coat off and witness saw him strike Jenner in the face. Witness was standing at the door, and they were about five yards off. He only saw one blow. Burbridge said to Potter “If I had known you were going to do that I should not have held your cape”, and defendant replied “I should have been a fool to tell you that, because I know you would not”. A few minutes afterwards witness remarked to Burbridge that he thought it was a policeman’s duty to stop fighting instead of taking part in it, and Potter, who heard this, told witness he could have some if he liked. Jenner had had a little beer. There was nothing the matter with the policeman.

In reply to Mr. Warner, witness said the whole affair was not serious and the men drunk together afterwards.

Mr. Warner, for the defence, said that as regards the assault Potter had to be treated as an ordinary individual. If there was any assault at all it was not of a serious character, and he was instructed that whatever took place originated from Jenner himself.

There was nothing in the nature of a fight, and, as Mr. Brice said, the challenge was to go out and try which was the best man. That there was no ill feeling was proved by the fact that there were mutual challenges and that on returning to the house they drank together. He supposed Jenner got the worst of it and he had been advised by someone to bring this charge of assault. The witnesses seemed to have regarded the whole thing as a joke, and that was what he should ask the Bench to say it was and to dismiss the summons.

The Bench dismissed the charge of assault.

Upon the second charge, the evidence previously taken was read over and confirmed by the witnesses already called.

Supt. Barnes stated that last Wednesday afternoon he went to Shipbourne and served the summons for assault on Potter. He told him from what he had heard he should have to suspend him and report him. He said he was sorry that anything had happened. He did go into the house and drink some beer on two or three occasions. Jenner challenged him three times to fight and threatened to flatten his nose before he left Shipbourne, and they both went outside. Jenner came at him with his fists in a fighting attitude; and he struck out in self defence and hit Jenner. Then Jenner said “Now I shall summon you for it.” They went back and had a pint of beer between them, and he did not expect to hear any more of it.

In reply to Mr. Warner, Supt. Barnes said Potter came to him five years next August as a recruit, and he had never had occasion to speak to him or caution him. The fact of his being placed in an isolated place like Shipbourne showed that he had confidence in him, and latterly he had charge of Hildenborough as well. Potter had to do ten hours’ duty out of the twenty-four, and he was allowed to do it as he liked. Witness had never forbidden men who had long walks from getting a little refreshment.

Mr. Warner asked the Bench to decide that the serious charge now made against Potter was not made out by the evidence that had been given. It was perfectly clear that the defendant had a good recommendation and character from his superior, but was it likely that such a man would do what was alleged and thereby forfeit all the advantage which his five years’ service had obtained for him. His acts had been unwise, but he contended that he had not been guilty of those culpable acts alleged. There was no evidence to show that the man was really on duty, although it was quite possible for the superintendent to believe that he was so; but he contended that the fact that Potter was not in his full uniform was shown by the evidence that he was not wearing his regulation helmet, but a hard felt hat. Potter had been to Tonbridge, it being payday, and after having his tea he went to the New Inn for a short time, he was not considering himself to be on duty. There was an absence of positive proof that he was on duty, and unless that was proved there was no offence in what he did. Mr. Warner pointed out the serious importance of the matter to Potter, and reminded the Bench that Supt. Barnes had stated that he was allowed to choose himself what hours he would do his duty.

The Bench retired, and on returning into Court, the Chairman asked if there was any book to show what hours the defendant was on duty.

Supt. Barnes said there was Potter’s diary, which was at Shipbourne.

Mr. Warner submitted, with all deference, that he was entitled to have it dismissed now, because the police had not got up their case properly, and he pointed out that it was hard on Potter to cause him the anxiety of an adjournment.

The Bench adhered to their decision to adjourn the case for a week.