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SCENE IN A SMITHY. 1

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SCENE IN A SMITHY. 1 v SERIOUS CHARGE AT TARPORLEY. On Monday morning at the offices of MT. Edward Cawiey, before. Captain E. Wynne Griffith, Henry Carter, mason, of F,aton-by- Tarporley, was charged in custody that he did maliciously wound with intent to do grievous bodily harm to David Naylor, tha.tcher, of Little Budworth.—The prosecutor, an old man 65 yeaTS of age, stated on Saturday after- noon ho was in Mr. Alfred Carter s smithy at Eaton, sitting on a bench reading a paper, when Henry Carter, the prisoner, came in. He scem-ed very excitocl and told Naylor to go out of the smithy. Ho picked up a sledge hamtner, and witness told him not to be "eoft." Prisoner then dropped the largo ham- mer and picked up a small one and struck witness on the skle of the head. He strug- gled for poesesaion of the hammer, but was unable to obtain it. In the. struggle prisoner hit him two or three times on the top of the head with the hammer. He called for help and two young men oame into the smithy and pulled prisoner away. Witness identified the Jifiunni-er protiticed in court as the one used by prisoner. Sergeant Sudlow: NVero you wearing the hard hat you have with you now? Witness: Yes, but in the struggle it fell off. George Orank, labourer, Little Budworth, stated he was in Eaton on Saturday afternoon jioar the smithy. He saw prisoner walk from his house and go in tho smithy. From where he stood he could see into the smithy. He heard prisoner say "Come out. of this, and then ho saw him pick up a sledge liammer and then drop it. He then picked up the hammer (produced) and went towards Naylor. Ho saw prisoner strike Naylor with the hammer two or three times, but he could not see what [Naylor d:d to prisox«er. He heard Naylorcall for 'help and he and an-other witness went into the smithy and parted them. Naylor was bleeding, but was not in a very bad oondit.on. Prisoner was excited, and in his (witnesse) opinion he had had. some drink. Joseph Henry Wrench, a gardener, living at Eaten, stated on Saturday afternoon he -was in his garden, which is between 30 and 40 yards from the smithy. He heard a row in the smithy and he could hear prisoner shout- jng and using bad language. Fie went down to the smithy and found Naylor and the prisoner in a corner scuffling together. Prisoner had a hammer in hie hand, but he -did not see him strike Naylor. He pulled prisoner ay and took hold of the hammer, which prisoner loosed quite easily. Sergeant Sudlow: Hew had prisoner got hold of the hammer.—Witness: Close up to the head, and held loosely in his hand. Did prisoner when separated make any at- tempt to renew the attack ?—No attempt what-" over. i P.C. Thomaa Dodd stated that from infor- mation received he went to Eaton smithy about 6.30 on Saturday evening He examined David Naylor and found three wounds on his head. On Saturday night about ten o'clock he appro bended prisoner and took him to Tarporley Police Station. After witness had cautioned him, prisoner made the following statement:—"I had to stand in self-defence. l had no intention to do him harm, not the slightest. When I accused him of being in the smithy winter and summer and begging for food, then sending up for drink, he took hold of me by the throat and cursed mû. 1 could not free myself, and I did not know how to free myself." In reply to the charge prisoner stated that what he told the constable when he read the warrant waa correct. Prisoner was committed to the next Cheshire Quarter Sessions for trial. Bail was allowed, prisoner in £ 40 and two sureties of E20 each.

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