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South Eastern Gazette, 3 July, 1860.
County Court.
This court was held on Wednesday, before C. Harwood, Esq., Judge.
There were but 18 plaints and 2 judgment summonses.
Lawrence v. Bodkin. A Military Lark.
Mr. Minter for plaintiff, Mr. Wightwick for defendant. This was an
action brought by James Laurence (who is the principal of a company
performing at Rigden’s Music Hall at Sandgate, and forming the
well-known groupe on the stage known as "Poses Plastiques”), to
recover the sum of £50 for damages for an assault and damage to
certain theatrical appointments.
Mr. Minter said the plaintiff was a respectable man and was employed
by Mr. Rigden, at Sandgate. On the evening in question the
defendant, Lieut Bodkin, with others, forced their way into the
dressing-room of the plaintiff, and not only assaulted and destroyed
the property but almost strangled him. His client had offered to
settle the business for £9 but that offer had been declined.
James Laurence deposed:— I am a pantominist, and am employed at Mr.
Rigden's at a salary of £5 per week. In consequence or what I heard
on the evening of June 2nd, I went to my dressing-room near the
stage, and there found the defendant lifting off a shield from the
place where it hung. He had a coronet on his head. There were other
officers with him. I ordered him out, but he refused to go. I then
took him by the collar and turned him out, and went back to turn the
others oat. Defendant afterwards seized me by the back and threw me
down, and we fell over a form. We struggled there and I got my coat
torn up and spoilt. It coat me £4 10s. Defendant and another officer
then got a cane, and one got hold of the end of it and pulled it
across my throat tight, nearly strangling me I could not speak, and
for two or three days could hardly swallow. The coronet was broken
and was worth 15s.
Cross-examined:— The dressing-room is across the stage at the end.
No person can see into the dressing-room where the ladies were
unless the door was open. I know the defendant well and can swear he
had hold of the cane at one end. I said I would be satisfied if they
paid me £5. Defendant had no right in those rooms; they ware for my
private use.
Re-examined:— The other dressing-room is where the females were;
some of whom were nearly naked. I was trying to prevent the officers
from getting to that room.
Sergeant Smith, of the Kent County Constabulary, deposed:— I went
into the room at half-past 11 o'clock, and saw the defendant and
others playing with the things, and a scuffle ensued. There was a
cry that there was a man being choked. Defendant had hold of
Laurence. I saw a cane across his throat, and the defendant had hold
of it. I carried the defendant away and handed him to a brother
officer; he came back two or three times to strike the plaintiff; at
last we got him outside the door; he was very anxious to fight
everybody, and was very tipsy.
Cross-examined:— Never saw any blow struck; the row lasted an hour.
Some other witness were examined, and Mr. Wightwick, for the
defendant, denied that an assault had been committed, declaring that
it was a trumped up action to put money into the plaintiff's pocket.
He called Mr. Robert Rigden, who deposed:— I am proprietor of the
Music Hall. The disturbance did not last more than two minutes. I
did not see Sergeant Smith in the room, saw the plaintiff pull a
gentleman from the dressing-room, but do not know who it was. The
room is very large and is capable of holding 1,000 persons. I saw a
cana across the plaintiff s throat. I will swear that Smith did not
do what he has stated in his evidence. I saw several gentlemen go
into the dressing-room, but did not see the defendant attempt to
fight the plaintiff. I was 60ft. or 70ft from the stage when the row
took place.
Cross-examined:— There was no cry of choking or strangling; if there
had been I must have heard it. I don't recollect Lieut. O'Ryan
having hold of the other end of the cane. Defendant was not drunk,
but was not quite sober.
Lieut Bodkin, Military Train, deposed:- I was at the Music Hall on
the 2nd June, and was assaulted by Mr. Laurence, the plaintiff. He
came to me, and pulled me out of the room, and threw me down. I saw
a shield in the room, but no coronet. I got on to the stage and so
into the room. There were other officers besides me, Lient. Hackett
and Lieut O’Ryan. I had no cane. I was not quite sober, but
certainly able to take care of myself, and have a perfect
recollection of what took place. The policeman Smith did not lead me
away from Laurence.
Cross-examined:- I was the gentleman who figured at Hythe for an
assault upon the police the same evening, and was fined £3.
Lieut. Shaw deposed that he was at the place named with defendant
and others, and with them got on to the stage and passed into a
room. Hackett had an umbrella over his head, and a coronet on. Was
perfectly sober and recollected everything that transpired.
Cross-examined:— Devoted my attention to Mr. Bodkin the whole
evening. Was a witness for the defendant at Hythe and gave evidence
in his favour; do not know whether the magistrates believes me or
not. Was asked my name by the police and gave a false one, as I did
not wish my name to be mixed up with the affair.
His Honour carefully went through the evidence, and the Jury, after
retiring for a short time, found a verdict for the plaintiff,
damages £5.
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