Kentish Gazette, Tuesday 29 October 1861.
Canterbury Police Court.
Tuesday:- (Before E. Holttum, Esq., Mayor, and John Brent, Esq.
Thomas Philpott Esq., and Edward Wootton, Esq.)
Interfering with the police. Attempting to rescue a prisoner.
John Burbage, veterinary surgeon attached to the Cavalry Depot in
this city, appeared in compliance with the request from the bench,
to answer a charge of obstructing the police in the execution of
their duty, and also attempting to rescue a prisoner from custody,
on the morning of Sunday, the 20th.
Mr. Delasaux appeared for the defendant.
Sergeant Andrews deposed:- On Sunday morning last, in conjunction
with P.C. Fowler, I had Ensign Spencer in custody. On the way to the
station house the cry was raised "they are coming to rescue him."
That was when we were near the "Toby Philpott," in Watling Street. I
directed P.C. Fowler to draw his staff and use it if necessary. This
was in consequence of seeing a crowd approaching as. I charged
person's to assist. The defendant at the bar, with other officers
previously convicted, were among the crowd. The defendant walked on
the right hand side next to Mr. Strouts, whom I had charged to
assist me. When at the corner of Beer Cart Lane I was knocked down by
someone. A gentleman blocked the way up going into Beer Cart Lane.
he stood right in front of us. I told him not to annoy us. The cry
was raised, "Now then," and on my turning my head round, I was
knocked down. When I got up I collared Ensign Keogh, who struck me a
violent blow on the eye, and at the same time called out, "Assist
me." The defendant came up and grasped my stuff with both hands, and
tried to wrest it from me. Keogh then ran away, but Burbage still
held his hold on my staff. I, however, wrenched it from him, and
said, "All right Mr. Burbage; I know you," and I then went in
pursuit of Ensign Keogh.
By the Bench:- I had seen the defendant in the crowd previously.
By Mr. Delasaux:- They were probably about 50 persons in the crowd.
I was not much excited at the time. I was a little excited after I
have been knocked down. When Fowler had Spencer in custody, I had no
recollection of hearing the defendant say to Spencer, "Go quietly."
I did not hear him say, "Never mind your hat, come along." He tried
to pull my staff out of my hand. He might have held it to prevent my
using it violently. I have not made a mistake in stating that the
defendant took hold of my staff. I could not have done so, as there
was no one within 5 or 6 yards of us at the time we were struggling.
I did not collar the defendant, but afterwards, in Beer Cart Lane, I
put my hand on his shoulder, and said, "I have a good mind to take
you, but I did not wish to be too fast." He said he would go with me
to the station house.
Thomas Strouts, grocer, Northgate Street, deposed:- I know the
defendant at the bar, and have done so for about 3-months. About
12:10 on Sunday morning I left the "Crown and Anchor" booth, in the
Cattle Market. There was a crowd, and I heard some person say "Don't
stand that." I then went towards Andrews, the who had Ensign Spencer
in custody. P.C. Fowler was with them. This was near the "Toby
Philpott." I was charged by Andrews to assist. There was a large
crowd of persons, and I first saw Mr. Burbage near the "Toby
Philpott." I expected an attack, and I said to Mr. Burbage "Do not
come too near me, I know you. He replied, "Is not the road as free
for me as for you?" I told him I was charged to assist the police. I
then lost sight of Mr. Burbage, who fell back among the crowd. We
then proceeded as far as St. Margaret's, where an attack was made
upon us. Andrews was knocked down, and I took hold of the prisoner
Spencer. I did not see the defendant Burbage afterwards till we were
at the station house.
By Mr. Delasaux:- I cannot form any idea of the number of persons
who were in the mob.
P.C. Fowler deposed:- I was with police sergeant Andrews on Sunday
morning. We had charge of a prisoner, and were taking him to the
station. We were followed by a crowd of persons. I saw the defendant
near the "Queen's Head," walking alongside Andrews and Mr. Strouts.
Mr Strouts told him not to push about. I then missed the defendant,
and the crowd went forward to where Andrews was knocked down. Mr.
Burbage afterwards came up to me and the prisoner Spencer in Beer
Cart Lane, and said to Mr. Spencer "Come on."
Edwin Carey, compositor deposed:- On Sunday morning I saw a rush of
the crowd down Watling Street. I went after them and overtook
Sergeant Andrews and P.C. Fowler with Ensign Spencer in custody.
There was an attack upon the police, and among the crowd I saw the
defendant Burbage. I afterwards saw Burbage wrestling with Sergeant
Andrews and Keogh. He was apparently trying to rest the staff from
Andrews.
By Mr. Delasaux:- There were a great many there. I went to the
"Crown and Anchor." I heard Mr. Burbage talking very loudly. I did
not see him use any violence. He said to Andrews, "You can't take
me; I've not done anything."
Mr. Delasaux then address the bench for the defence. He contended
that the evidence was not sufficient to justify conviction against
his client. The bench, however, did not adopt this view of the case,
and Mr. Delasaux proceeded to call evidence for the defence.
William Wilson, 18, tailor, deposed:- I know Mr. Burbage. I have
seen him before. I was at the "Crown and Anchor" on Saturday night,
and saw the disturbance on leaving. I saw some people at the corner
of Castle Street interfering with the police. Defendant was a little
way in Castle Street. I saw Mr. Burbage there the whole time. Mr.
Burbage did not interfere with the police.
Mr. Brent: That is, you did not see him do anything to them.
Witness:- If he had I must have seen him. Andrews came up to Burbage
and said, "I know you, Mr. Burbage." Mr Burbage said, "I've not done
anything. Andrews then collared him, when defendant said, "Let go,
and I'll go with you." Defendant did not do anything. If he had I
must have seen him, of course.
Mr. Brent:- How close were you?
Witness:- I was about 2 yards off.
Mr. Brent:- Were there many there?
Witness: Between 50 and 80.
Mr. Brent:- Mr. Burbage was there?
Witness:- Yes, sir.
Mr. Philpott:- You never lost sight of Mr. Burbage from the
beginning of the fight to the end of the road?
Witness:- No, sir.
Mr. Brent:- Have you ever been defended before?
Witness:- Yes, sir.
Mr. Brent:- Did you see anything anyone struggling with Andrews?
Witness:- Yes, sir.
Mr. Brent:- Was it the defendant?
Witness:- No sir.
Mr. Brent:- Do you know who it was?
Witness:- No, sir, it was a tall gentleman whom I saw struggling
with the police.
Sergeant Andrews:- Did you see the defendant speak to P.C. Fowler?
Witness:- I saw him speak to a gentleman who was with Fowler.
The Mayor:- Did you see him attempt to get the staff?
Witness:- No.
The Clerk:- Did you see the tall gentleman with Andrews doing
anything?
Witness:- Andrews and he was struggling together.
The Clerk:- Did you see Mr. Burbage then?
Witness:- Yes, sir.
The Clerk:- How far was the off?
Witness:- About 20 yards.
Sergeant Andrews:- How far was I in Castle Street when I was
struggling with the defendant?
Witness:- You were not in Castle Street at all.
Sergeant Andrews:- You say you were 20 yards off when I start was
struggling with Keogh?
Witness:- I don't know the exact distance.
Sergeant Andrews:- I was knocked down in Beer Cart Lanem opposite to
Mrs. Wood's slaughter house. Keogh ran up Castle Street.
By Mr Brent:- When did defendant tried to get my staff I was 5 or 6
places up Castle Street. I have just explained the reason why I was
in Castle Street.
Thomas Dutnall, shopman to Messr's. Saxby, said:- On Sunday morning
I was in St. Margaret's Street, and hearing the sound of a great
number of people coming, I went up Watling Street, and saw a mob
running after Sergeant Andrews and Police-constable Fowler. I got to
the end of the mob, where I saw the defendant, and asked what was
the meaning of this. He took me; and we walked behind them on the
pavement as far as Castle Street, where I stood beside him on the
pavement. He did not interfere with the police at all. He did not
leave my side all the time the police were there. Sergeant Andrews
came up afterwards and said, "I know you, Mr. Burbage, I've a good
mind to take you;" to which the defendant replied, "I've done
nothing."
Mr. Brent:- What was the nature of the struggle with the police
sergeant?
Witness:- I was behind and therefore could not see.
By the Clerk:- When I first saw Mr. Burbidge he was beside the "Toby
Philpott."
By Andrews:- I could not have seen him if anyone had taken your
staff. I did not see you struggling with anyone.
By Mr. Philpott:- At the time the struggling was going on Mr.
Burbage was with me. He had not spoken to Fowler not anyone else.
By Andrews:- There were several persons near us, but I do not know
any of them.
William Filmer, compositor, supposed:- I was at the "Crown and Anchor" on Saturday night. Hearing a noise on leaving, I followed
the direction of the sound, and came up with the mob beside the
Riding Gate. I saw the whole disturbance. If I am not very much
mistaken, P.C. Fowler was at the "Crown and Anchor
Inn" in
character. Mr. Burridge was not in the row. He was on the pavement
beside Mr. Twyman's shop. He was there the whole time.
Ensign G. A. Spencer, 64th Regiment:- I was in custody on the
morning in question. I was pushed down and there were two or three
"peelers" on the. Mr. Burbage took no part in the proceedings.
Mr. Brent:- Have you had any application to withdraw this case
Andrews?
Sergeant Andrews:- Mr. Delaxaux called on me yesterday, and asked me
whether I had any ill feeling towards his clients, and whether I
could withdraw from the prosecution. I said I'd speak to the
Superintendent, but the case was in the hands of the Magistrates.
Mr. Brent:- You have had no money offered you?
Sargeant Andrews:- No, sir; and if I had I should not have taken it.
Mr. Delasaux:- Andrews has stated nearly word-for-word what passed
yesterday. I certainly called on him, and I hoped even when this
case came into court this morning that it would have been stopped.
This is a case of mistaken identity, for Ensign Spencer has just
told me that he knows the party who tried to get the staff. He will
not tell the Bench who it is, but he most positively said it was not
Mr. Burbage. Andrews has made a mistake, but not a wilful one. He
has done his duty in the best way that he could.
The Magistrates consulted for a short time in Court, but there
appeared to be some difference of opinion among them. Mr. Philpott
said he could not vote for a conviction, but the weight of it
appeared to be in favour of the defendant. Andrews might have made a
mistake with regard to the identity of the defendant.
After some further consultation the Magistrates left the Council
Chamber, in which the case had been heard, and were absent nearly
half an hour. On the return it was remarked that Mr. Philpott was
not with them.
The Mayor announced that the bench decided to find the defendant
guilty and to find him £5 and 14s costs.
Mr. Delasaux:- Will the fine be remitted if I produce the very man
who attempted to get the staff?
The Mayor:- You should have done that before.
The money was paid.
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