Kentish Gazette, 26 April, 1870.

THE CASE OF MANSLAUGHTER AT STONAR.

The facts of this unfortunate case, which we briefly reported in our last week's issue, appear, from subsequent inquiry, to have been substantially as we then stated them. A quarrel having arisen between a man named Augustus Upton, landlord of the "Canteen" beer-house, Stonar, and a young man named Richard Jones, a scavenger, as to the right of the latter to remove certain rubbish in front of the home of the former, Jones struck Upton a violent blow on the head, inflicting a wound which caused his death. The deceased was a man about 55 years of age, was of a cheerful, jovial disposition, and was greatly respected in the locality. Jones is a young man, apparently about 20 years of age, of short stature, and very strongly built.

The inquest was held at the house of the deceased, before Mr. Coroner Delasaux, and the following jury:- Messrs. Wm. Beak (foreman), Thos. Cock, Alexander Coleman, J. G. Cook, O. Swinard, Jas. Pearce, John Marsh, Charles Rogers, H. Settertleld, John Dunk Wood, R. Bubb, Ned Fright, and James Gammon.

The Coroner, at the commencement of the proceeding called the accused man before him and informed him that he was at liberty to put any questions to witnesses, but he would advise him to be cautious and careful as to what questions he put; and it was his duty to say so, because it frequently happened that persons in his position were not sufficiently capable of judging of the testimony which might affect them or not. He might remain in the room or not, as he liked.

The prisoner:- Well, sir, I would rather go out.

He then left the room.

The Coroner then informed the jurymen that they were called upon to exercise the privilege which had been in existence for many years, and he hoped they would attend carefully to the testimony which would be adduced. It was a very serious charge, and he was sure they would not allow their minds to be biased by anything they had heard out of that room. If he should neglect to get the whole evidence from the witnesses, they were at liberty to put any questions; and he would say that that was not such an investigation as took place before a magistrate. Their (the magistrates') evidence was only received against the party charged. Before them (the jurymen), no one was charged, because no one could be charged before a jury, until the whole of the evidence had been heard. After the issue of further instructions, Henry Beerling, of Sandwich, was called, and said he was a "looker." On Saturday last the 16th inst., he was in a meadow adjoining the turnpike road leading from Sandwich to Ramsgate, at about 6 o'clock in the afternoon. He saw Jones going along the turnpike road with his pony-cart. He was the man who came into the room just now. He did not know Jones's Christian name. He (Jones) was sweeping up the "grit" from the road. Mr. Upton went to him and said, "It is not right for you to sweep the road. You may use the shovel, but not the broom." Jones told him he was a covetous old ------ and said he wanted everything. He swept up another lump of dung, and Upton kicked it about; and then Jones said "If it wasn't for Your dog. I’d strike you to the ground." Mrs. Upton called her husband away and told him to let Gibbs (who "belonged to the road") see to the matter. She did not come into the road, but stood at the door of her house. Her husband did not come away, but the dog did; and then Jones struck him with the end of his brush on his head. The deceased instantly fell to the ground. He (the witness) ran to Upton's assistance immediately. With the assistance of Marsh and young Blackman, he put him on a "wattle" and brought him into his house. Upton did not speak till they got him in. While they were carrying him he appeared to be insensible. A doctor was shortly afterwards sent for, and he (the witness) held the basin while the doctor bathed the wound. He remained with the deceased till about eight o'clock, and assisted in putting him to bad. The hat produced was that which Upton had on.

At the request of a juryman, the witness pointed out the exact spot on the road, where the blow was struck.

Examination continued:- The broom produced is similar in appearance to that with which Jones struck Upton. (It was a very heavy one).

By a juryman:- I do not know that there had been any words between the two previously, nor that Upton had any right to the grit.

Sarah Drayson, a married woman, deposed:- My husband's name is Stephen Drayson. I live at New street, near Ash. My husband is a labourer. On Saturday last, I was coming from Margate and was going to Sandwich. At about five o’clock, I was passing this house. I saw Jones and Upton in front of it. Upton and Jones should not remove the dung, and Jones said he would. They then put their hands against each other, in order to defend themselves, but with no violence. Upton said "Don't you hit me!" Jones then said, "You take your dog away, and I’ll —— soon see if I don't." I heard the woman cry out some one was coming directly, and the dog went away. Jones then struck the deceased with the broom on his head. I told Jones he had better stop, and he said he wouldn't. I said, "I believe the man is dead." He said he had done no more than was right. Another man tried to stop the pony as Jones was driving off, but he (Jones) said that if the other man did not get away he would serve him the same.

By a juryman:- I did not notice that Jones had anything in his hand when he threatened the other man.

By another juryman:- I saw no more than one blow struck.

The last witnesses daughter was with her mother at the time, but the jury declined to call her, as she could give no additional information.

William Marsh, of Stonar, said:- I am a looker. After corroborating Beerling’s evidence, he said:- As Jones was driving off, I told him to stop, but he lifted up his shovel in a threatening manner, and said, "I will serve you the same if you don’t get out of the way."

By a juryman:- I had not heard any wrangling between the parties, before the occasion alluded to. I ran out to Jones after I had assisted in removing the body indoors.

Mr. John Scott, of Sandwich, said he was a surgeon. On Saturday evening, at about five o’clock, he was requested to see the deceased, which he immediately did. He found him sitting in that room. He appeared to have lost a good deal of blood, but was sensible, he examined the scalp and found a lacerated wound, about 2 1/2in. long, on the right side of the cranium, laying the skull bare. He dressed the wound and had deceased removed to bed. He intended to see him at about six o’clock the following morning. He remained with him, on Saturday night, for about two hours. The next morning at about five a messenger came and told him that Upton was dead.

Superintendent Stokes, of the K.C.C., said he was now stationed at Sandwich. Having heard of the occurrence, he caused Richard Jones to be apprehended, and when in the cell, he charged him with "unlawfully inflicting grievous bodily injury on Augustus Upton, by striking him on the head with a broom." Upton was then dead. Jones said, "I shall say nothing."

The Coroner having briefly summed up, the jury immediately returned a verdict of "Manslaughter." Prisoner was then committed for trial at the Maidstone Assizes, the Coroner adding that bail would be accepted—the prisoner in £200 and two sureties in £100 each.

The prisoner was subsequently examined before the magistrates and committed for trial, bail being refused.