From the Dover Express and East Kent News, Friday,
22 May, 1868.
CHARGES OF HIGHWAY ROBBERY.
John Foord and John O'Donnell, two artillerymen of the 13th Brigade
were charged with assaulting Patrick Conolly, and robbing him of two
half-crowns and ten shillings, upon a public highway.
It appeared that the prosecutor is a travelling optician and lodges
at the "City of London Tavern."
On Saturday evening he had been drinking with the two artillerymen at
two or three public-houses. The "Granville Arms," at the top of Adrian
Street, was the last public-house they visited. Here they had two or
three pots of beer, and they had also consumed a considerable quantity
of beer at the other houses they had visited. They left the "Granville
Arms" about half-past nine o'clock. the prosecutor being under the
impression that the prisoners, who professed to "know the town" were
taking him to another public-house. Instead of doing that, however, they
conducted him past Adrian Row and in the neighbourhood of St. Mary's
Cemetery where Foord knocked him down and knelt on his chest, while
O'Donnell rifled the right hand pocket of his coat. His cries brought
assistance and the prisoners then "ran for their lives." They took away
with them ten shillings and two half-crowns, which the prosecutor had
previously had in his pocket, and some half-pence, which he had also had
with the silver, were found strewn upon the ground near to where he had
been thrown down. When prosecutor had recovered his feet he found his
pocket turned out and of course quite empty. He was advised by the man
who came to his assistance to go to the police-station and give
information of the robbery; but the police considered him drunk and
detained him. He probably had the appearance of being drunk and he
certainly had had a deal of beer, but his own belief was that he was
more excited than drunk. (Laughter.)
By Foord: I have not offered to compromise this case by accepting
half-a-crown.
John Bentley, a mariner, living in Adrian Row, said that about
half-past nine on Saturday evening he heard cries, and on running up the
passage to see what was the matter he found the complainant on the
ground with two artillerymen standing over him. Witness going up close
to the spot, one of the soldiers caught hold of him by the arm. One of
them had a basket and a stick, which the prosecutor said belonged to
him. [The basket, it appeared, contained the complainant's
stock-in-trade as an optician.] He wrenched his arm away from the
soldier and ran back to his house for something with which to defend
himself. He caught hold of a poker, and on his coming back armed with
this the soldiers ran away. One of the soldiers was kneeling on
the complainant's chest and the other seemed to be turning his money out
of his pocket. Witness heard the money go upon the ground. After the
soldiers had run away he picked up four-pence. He could not swear to the
soldiers, but he saw by their uniform that they were artillerymen, and
by the numbers on their shoulder-straps that they belonged to the 13th
brigade. He should think that the complainant and the soldiers too were
drunk.
Hannah Dyer, wife of Abraham Dyer, said that her husband kept the
"Granville Arms." Complainant and the two prisoners came into the house
a little after nine o'clock on Saturday evening. Complainant had a
basket but the two prisoners were carrying it for him, and they put it
on the top of a cupboard while they remained in the house. They had two
pots of ale, for which the prosecutor paid. They left a little before
ten. Witness did not see in what direction they went. None of them were
sober. The complainant seemed to have a good deal of silver about him;
and witness observed him pull some of it out, and put it back again into
his pocket. After the complainant had paid for the ale one of the
prisoners asked me what I had done with the change, and I said I had
given it to the old man, of course, when he replied "You ____ fool, why
did you not give it to me?" I told him he had no right to speak to me in
that way, and he went back to the room grumbling.
Police-sergeant Johnson said: The prosecutor came to the
police-station on Saturday night between half-past nine and ten o'clock.
He was drunk and was bleeding from the mouth. The right-hand pocket of
his coat was turned out, and he made a complaint. In consequence of his
statement I proceeded to the Castle yesterday and took the prisoners
into custody. The prosecutor picked them out of a number of men who were
standing together. At the police-station, after the prisoners had been
cautioned, O'Donnell admitted being in the prosecutor's company and said
he picked him up after he had fallen down, and gave him his basket. I
remember that on Saturday night, shortly after half-past nine o'clock,
O'Donnell came running into the Market Place, from Market Street, and as
he passed me near the "Walmer Castle,"
he nearly tripped me up.
The prisoner having been cautioned, Foord declined to make any
statement, and O'Donnell repeated in substance what he had said to the
policeman.
Both the prisoners were fully committed for trial at the next
Maidstone Assizes.
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