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HELSBY WOUNDING CHARGE.

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HELSBY WOUNDING CHARGE. INJURED MAN'S EVIDENCE. I At Frodshami Police Court, 011 Monday, before Mr, Alfred Thomas, Jos Frcdk. Ody, of Helsby, was charged on remand with unlawfully wound- ing Wm. Henry Hyde, at Helsby, on Nov. 11th. The case had been adjourned! for the attendancc of Hyde, who was now present, having sufficiently recovered to leave the Chester Iu- firmary. Mr. W. H. Chuiton, solicitor, Chester appeared for the prisoner, who was in custody. Wm. Henry Hyde, said he was a pipe fitter re- siding at 14, Cross-lanS-terrace, Helsby. On the 11th November he left his house about 8.30 p.m. and went to the Hdsby Social Club. He hadl a drink of whisky in the house, before. he left. He was perfectly sober and had been working until five Q clock. On arriving a,t, tho club he went into the billiard room, then upstairs, and next, into the newsroom downstairs. Ho sat there about half-an-hour, and then returned to the billiard room. That would be about nine o'clock. The prisoner was praying billiards there. W itness had four glasses of beer. Prisoner, on finishing playing billiards, came up to witness and asked him if he would have a drink with him. They had a glass of whisky each. Witness asked him if he WM go"ng home, and prisoner ia;dl "Yes." They went out together about 9.25 p.m. They made a call aiid,caw Wm. Oateti, who also lived in Croesland-terraee. The, three left together, and Oates left witness and prisoner dn reaching the second block of houses in Croplan d-terrace. Wit- ness and Ody went straight ahead along the ter- race until they got just past witness' gate. The Magistrates' Clerk: Why did you go past, your gate? Witness: I wanted to see him home. Witness added that he tried to persuade Ody to go with him to Ins (Ody's) home, and ho would not. Ody was drunk, and had witness left him he would have fallen down. When they were about half- way between witness' garden gate and Ody's garden gate, Ody put himself against the hedge again. Witness was still trying to persuade him. to go home when Ody's wife, came down from her house. She asked him. to come into the house, and witness said, "All right. I'll get him in." Witness went forward towards him and put his hand on his shoulder to persuade him. Wit- ness then felt a blow in his stomach, and said, "Oh, lie has struck me, and w,-tl'ed straight away and into the house. The Magistrates' Clerk: Where was your wife? Witness: My wife was. there. She came along the terrace when, first we stood near our gate'. She went into our house, and came out again just before Mrs. Ody appeared. Ody was speak- jng rather loudly, and my wife went in and came out again. Who were- there when you felt the blow?—My wife was there. I do not remember if Mrs. Ody was there. Witness further stated that when he got, into the house he sat down in a chair and felt that there was a lump on his groin. He asked his wife to feel it. He opened his clothing and saw the bowel hanging down. He swooned away and came to himself in the Infirmary on Sunday. The Superintendent of Police (Mr. Beeleyj: Is it a fact you were owing money to Ody?-—Yes.; j two shillings. The Superintendent How did you come to owe it to him?—I borrowed it. on Whit Sunday. I have not. repaid it, and it has not caused any ill-feeling to my knowledge. Could you say why you did not repay it?— Mcro thoughtk'ssness. Mr. Churton thought the question was im- material It would be a. different thing if it were JE200. Witness said Ody and he were good friends that evening, and always had been good friends. Tho only thing he could be vexed at was his I (witness') trying to get him home. He did not see that prisoner had anything in his hand, and ho did itOt see him take anything. out of hie pocket. By the Superintendent: The gate to my gar- den is iron-spiked, but the spikes are four inches higher than my wound. I am positive the blow came from prisoner. Mr. Churton I am not going to suggest any- thing about. the* fence. Witness produced the vest, trousers, shirt and singlet which he was wearing. They were all cut through. Cross-examined by Mr. Churton: He had lived alongside Ody over five years, andi he and his family had always been on the best terms with Ody the whole time. Ody had not- a cigar when he went home with him. Ody had his back against, the fence. When Ody's wife oame up she went to prisoner to get him home. and prisoner pushed her away. He was not sure which hand prisoner used to push her away. It was immediately after prisoner pushed his wife away that he gave witness the blow. He could r,ot. say which hand prisoner used to strike. him. It was done very suddenly. ..lIt, could not a:v whether the prisoner bad time to put his hand into his pocket and take out. a knife as witness approached him. Re-examined by Supt. Becley: Prisoner stood with his back to tne fence, and witness was fating him about a yard away. He put his left hand on prisoner's shoulder, and it was then that he was struck. The wound was on the left side. By Mr. Thomas: It. was three-pennyworth. of whisky that he had at the club. Clara Hyde, wife of the last, witness, supple- mented her previous evidence. In leply to the Superintendent, of Police she said she lomem- bered coming back from the village. After she heard her husband say "Come along. Joe," Ody gave a nasty reply, but she did not rememher his words. That caused her to run into the house to knock for Mrs. Ody. She got no reply, and went back to her husband and prisoner. She found Mrs. Ody there. Mis. Ody had hold of prisoner's shoulder, trying to persuade him to go along. Prisoner said, "Here, wait a bit." and put his right hand into his trousers pocket, pulled It out a,t,;aiii, and did something with both hands. It. was then that, her husband came towaids the prisoner, and tho latter struck him. Her hus- band said. "Oh, he has struck mc." Cross-examined by Mr. Churton: She could not say whether prisoner had a. cigar in his hand. Dr. Bryant, of Helsby, was called, and his previous evidenco was lead over to him. This wa.s to the effect, that he. was called to Hyde and found him suffering- from shock. was an incised wound, an inch long; in the lower part of the abdomen. He dressed the wound and or- dered his removal to the. Infirmary. lie received a, penknife from Scrgt. Millirigton, and found a. blood stain on one blade Cross-examined by Mr. Chiutom: He saw Hyde last, evening The wound was healed. He li-p- prehended no serious consequences from the wound now, provided there was ordinal y care. Aetuig-Sergt. Millington also reaffirmed his stakiiK-nt, which was that he wout to prisoner's house on the Saturday n.ight and found him drunk and smoking a cigar. Ho asked prisoner if he had a knife, and prisoner handed Irm the pen- knife produced. He told prisoner to consider himself in custody, and prisoner said. "I have done nothing." When charged prisoner said, "I cannot, believe it" Supt,. Beeley said they had photographs of how the men were supposed to be standing. Mr. Churton objected, and they were. not put in Ti ro Mr. Churton addressed the magistrate, asking that prisoner should be sent for trial on a. charge simply of unlawful wounding, and not charged with unlawful wounding with intent to do grievous bodily harm. Tho latter charge would nquiro his trial at tho Assizes, and it was in the interests of all parties that the trial should take place at the Quarter Sessions, and not. be de'aved until the Assizes. Moreover, no juiy, he argued, would convict prisoner of wounding with intent. These was an entire absence < t anyflrng in the nature of malice. The whole circumstanoes went to shew that it was one, of those unfortunate eases duo to drink entirely. Tho question was whether prisoner knew what he was doing. He might have had a knife iii his hand, but whether he intended to stab lhdo wa; open to doubt. He aJso renewed his application for bail for the prisoner, who had been in the employment of the company seventeen years. If he weie. gianted bail. the company would give him emp'oyment at tho Liverpool works instead of at. Helsby. The Superintendent, of Police thought there was some evidence of intent, but. he left if en- tiicly with the magistrate!. His Worship acceded to Mr. Churron's applica- tion, and committed prisoner to take his trial at the. Cheshire Quarter Sessions on January 1st. P-,ilil was granted, two bondsmen (each in the sum of £25) coming forward in the persons of iNIti. John Head, Warrington, (son-in-law of prisoner), and Mr. Mark Johnson, Lioyd-street, Warrington.

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