QSR1852/4/5/24

Depositions of David Birdsey, cattle dealer of Leighton Buzzard, Thomas Webster, shoemaker of Leighton Buzzard, Edward Lawford, surgeon of Leighton Buzzard, John Olden, police constable of Leighton Buzzard, and William Kempster, barber of Leighton Buzzard. In the case of Joseph Kempster accused of malicious wounding.

30 August 1852

From: 1852 To: 1852

David Birdsey: was at the Roebuck Inn about 10 o'clock on Friday 27 August. He was with Joseph Kempster and Thomas Janes. Mr & Mrs Garside, keepers of the house, were in the room, as was their lodger. He and the prisoner began to toss for half a crown and sixpenny worth of brandy & water. Kempster won 3 half crowns. About a quarter of an hour later they began tossing again. They tossed "5 and 9". They kept on until Birdsey had won about ten shillings. Kempster said he had no more silver but he did have some gold. The prisoner chucked down 2 sovereigns and said he would toss Birdsey for that. Birdsey laid down a sovereign and 4 half crown to cover the bet. Kempster won. Birdsey then offered to toss him "2 pounds to one". Each won 2 tosses. They tossed again and Birdsey won, but the prisoner said it was not a fair toss. Birdsey appealed to Gardside and his lodger who agreed it to be a fair toss. Birdsey and Kempster exchanged a few words and Kempster took up his money and left. Birdsey remained for about 10 more minutes and then went home. It was about 1 o'clock on the morning of 28 August. Birdsey met the prisoner again opposite his door and they had more words. Kempster stuck Birdsey, a scuffle ensued and they both fell to the ground. Kempster got up and ran towards his own house which was opposite. He ran into the house. His brother was standing at the door, so Birdsey went to Kempster’s brother to complain about Kempster taking his money up and that he had hit him. He had hardly spoken when he was struck on the back of the head and the blow knocked him down. Whilst Birdsey was down he was stuck again on the temple with what looked like an iron. He was then hit a further 8 times, 4 of those being to the head. Birdsey put up his arms to protect his head and said “pray don’t kill me”. The prisoner said “I’m damned if I care whether I kill you or whether I don’t”. Birdsey said he was sober. Birdsey lay on the ground for a few minutes before staggering home. He was assisted home by his brother. The prisoner’s brother did not interfere and stood by. He believed the prisoner to also be sober and he had not stopped the prisoner from going into his house. Thomas Webster: an 18 year old shoemaker of Leighton Buzzard. About 1 o'clock on 28 August he was standing by the Roebuck Inn and saw the prisoner come out of the house and go towards his home. He saw the prosecutor leave about 5 minutes later and he asked if he was gone. Webster concluded he meant the prisoner and said he had. Webster followed Birdsey and when he got to the corner of the Black Horse Inn, he heard quarrelling. Birdsey and Kempster were calling each other liars. They were standing opposite the Black Horse Inn by the prisoner’s door. They began to scrummage but he saw no blows struck. In the course of the struggle both ended up in the prisoner’s house. Webster ran to the door, and the prisoners brother wanted him to go in, but he dare not. He heard several blows and Birdsey said "please don't murder me". Birdsey came out and staggered around in the road. He was very bloody and bleeding from the head. He heard Kempster's door lock and he ran for the doctor. Whilst the wraggle had been going on the prisoner’s brother had looked out of the window and told the prisoner to come in and he would have if the prosecutor had let him. The prisoner had bid the prosecutor good night and had half opened the door before he was collared. In the scuffle they both went in the house together. Edward Lawford: he was summoned to the Black House Inn and found Birdsey with a wound on his head which was bleeding. On examination, it was an incised wound on the side of his head about 2 inches long, and had reached the skull but he could not detect any facture. He found another wound to the back of the head. His fingers were swollen and bruised. Next day there were symptoms of inflammation to the brain and yielded the application of leeches. The patient went on to make satisfactory progress. He believed the wound on the head cold have been caused by the tongs presented to him. John Olden: he apprehended the prisoner and told him of the charge. The prisoner said "the tongs were the first thing I got hold of and I think I was justified in so doing". With Constable Worsley, they collected the tongs from the prisoner’s house. As the prisoner was conveyed to the station at Woburn he said that they were the tongs that he had hit Birdsey with. William Kempster: a barber of Leighton Buzzard and brother of the prisoner. About half past one, on the morning of 28 August, he was in bed when his wife told him of a fight going on between David Birdsey and his brother. He went to the window and saw them quarrelling. He asked his brother to come in but Birdsey would not let him. Birdsey got hold of his brother's coat and got him down in the house and knelt on him. William Kempster begged Birdsey to desist and go home. Joseph Kempster struck Birdsey with some tongs and William Kempster believed this justified. He could not recall how many blows were struck. Birdsey was struck on the side of the head but did not fall down. William Kempster left the house and told Webster to go and fetch Birdsey out but he would not. William Kempster had been very ill himself and would have stopped the disturbance if it had been in his power. Birdsey ran out of the house.Statement of the accused - Joseph Kempster: said that he could contradict Birdsey in several places but would leave it as Mr Griffith thought it best.

item

Kempster, Joseph,
Birdsey, David,
Webster, Thomas,
Lawford, Edward,
Olden, John,
Kempster, William,
Garside

LEIGHTON BUZZARD, wounding, barber, shoemaker, cattle dealer, surgeon, Leighton Buzzard Roebuck, Leighton Buzzard Black Horse