QSR1881/1/5/2

Thomas Clarke, labourer of Renhold, and Joseph Rawlins, labourer of Renhold. Eliza Lumbis, wife of Davis the elder, for the defence. In the case of David Lumbis accused of grievous bodily harm.

6 November 1880

From: 1880 To: 1881

Thomas Clarke: on 26 October he had been working at Mr Well’s building in Renhold. When he left he walked across the road to Mr Well’s inn called the Three Horse Shoes. The prisoner was in the house when he entered. The prisoner and a man called Rawlins were drinking together. Rawlins and the man had a few words and the prisoner struck Rawlins. Both the prisoner and Rawlins were turned out of the house. The men came into the house again and, the prisoner got his hat and left. Clarke and Rawlins left about quarter of an hour later. In going home they needed to pass the prisoners house and they had given enough time for the prisoner to have got home before they left. About half way between the inn and the prisoner’s house, he and Rawlins overtook the prisoner. The prisoner was in the road and as they approached he began staggering in the road. They asked the prisoner to clear their way. The prisoner was carrying a bull’s eye lamp and moved to the side of the road but as the moved past him, he struck out at Clarke, but did not hit him. The prisoner attempted to remove his own coat and said “come here and I’ll give you what you want”. They walked on and the prisoner went towards his house. As Clarke walked by the prisoner rushed him, with a knife in his hand. The prisoner threw the lamp to one side and they both fell to the ground with Clarke on top. The prisoner grabbed hold of Clarkes left ear with his teeth and bit the top of the ear off. Clarke called out to Rawlins, saying he was being bitten, and Rawlins came to assist. He had not provoked the prisoner. [cross examination] he had passed him on the ground and he had bitten a piece out of his ear. He was sure that prisoner fingers did not pull off the ear. Joseph Rawlins: on 26 October he had been at Mr Wells’ inn when Clarke came in. He had been drinking beer with Lumbis and they had a few words. Lumbis left and about a quarter of an hour later he and Clarke left. As they were going along the road they saw someone in front of them, it was the prisoner and he was staggering. Clarke asked him to clear the way and the prisoner moved to one side. As soon as they had passed him the prisoner rushed in between them. The prisoner went on to his house and they followed behind. Clarke was a little in front when they got to the prisoner house, and when he arrived he found Clarke and Lumbis on the ground. Clarke said “Rawlins come and make him let loose, he had got hold of my ear”. He assisted Clarke and the prisoner went into his house. He struck a light and saw Clarke’s ear was bleeding very much.Statement of the accused: he did not strike him. Four men came out of the house and he ran away. Mr Wells said he didn’t want any bother. The others went back inside and he went to the blacksmith shop. He said “master I’ll have one more pint of beer ad then I’ll go home”. He drank it and went straight home. They did not pass him on the road and he stopped at a gate to make water. The 2 men were coming down the road and were behind him, swearing they would kill him. The men rushed him and were both on top of him. Clarke had him hand round his throat and his knee in his body. He could hardly breathe and grabbed hold of Clarke’s ear with his hand. His mother came out and pulled them both off and he did not know where he was for about half an hour. Eliza Lumbis [on behalf of the defence]: Wife of David, living at Renhold and mother of the accused. On 26 October she opened the door to her house as she heard a noise. She heard a man say “I’ll do for him”, and she heard her son’s voice. She saw 3 men on the road and her daughter brought a lamp to the door. She saw 2 men on top of her son and one with his hands around her son’s throat. She turned them both off and her son got up and went inside the house. She followed him and he directly fell down. He went back to the door and said “you have killed my son”. She then saw it was Clarke and Rawlins and they said if he was not killed they would kill him. Blood was streaming down her sons face and his shirt was torn open. She bathed him and he had a huge bruise on his chest. [cross examination]: she pulled Clarke and Rawlins off her son. Clarke had his hand around her son’s neck and Rawlins was lying across her son.

item

Lumbis, David,
Clarke, Thomas,
Rawlins, Joseph,
Wells

RENHOLD, grievous bodily harm, Renhold Three Horseshoes