QSR1879/2/5/2

Depositions and examination - William George Top charged with maliciously wounding his wife Betsy Burdett Top at Luton on 16 January 1879

1 February 1879

From: 1879 To: 1879

Betsy Burdett Top of Regent Street, Luton, wife of William George Top – on Thursday 16 January about 9.45pm she was at home. Her husband came home. Mr Jolley and Mrs Stratford were there. Her husband said “I’ve been listening at the window. You have been plotting”. She said “Have you been for a walk with your girl?” He said “yes” then sat down. He took some brandy and asked Mr Jolley and Mrs Stratford to have a glass. She thinks she said something about his girl – he then came to her, kicked her and pulled her hair. He kicked her on her left side. Mr Jolley left about 10.45 and Mrs Stratford about 11.14. They went to bed soon after and were talking about this girl of his (she means Lizzie Sinfield). He said “I won’t stand this”, got out of bed, took up his boot, and struck her twice on the right side of her head. The third time she put her hand up and the boot struck her rings, bending them. It was dark when this occurred. He then got into bed again and laid down. After a little time she felt something running down her neck. She put her hand to her head and found it wet, got a light and found it was blood. She put her stockings and slippers on and said “you have done it now”. She was perfectly sober when she went to bed. He came round the bed and fell on his knees saying he would do anything for her if she would not go out. She said she would go. He then went downstairs and she followed. He again knelt down and begged her not to go out. She said “I must or I shall die”. He said “if you go out I shall cut my throat”, and she said “cut it then”. She went out and called “murder” three times. A policeman then came. She said something to him but does not know how she got upstairs. She heard her husband tell the policeman she fell downstairs drunk. She picked up his boot and said that was what it was done with. There was some blood on the boot. The articles produced by Inspector Brace are the same ones she had on at the time. [Cross-examined] The things were taken off after the doctor washed her head. Mary Josephine Stratford of Market Hill, Luton, wife of Thomas Stratford – on the 16th January she went to see Mrs Top. She and Mrs Top were left alone shortly after she got there. After about 20 minutes Mr Jolley came in. Mr Top came in shortly after 10 and accused them of plotting. She said “listeners never hear any good of themselves”. She said “we are not talking of you”. Mrs Top asked if he had been for a walk with his lady and they had some sharp words about this girl. Mr Top then gave Mrs Top a kick on one said. He took her by her hair and pulled her out of the chair onto the floor. She left them together some time after 11. Mrs Top was perfectly sober when she left. All Mrs Top had in her presence was a glass of stout – she declined brandy which her husband offered her. [Cross-examined] Perhaps Mrs Top asked “how many times you had been with your whore that night”. There was bad language on both sides. She distinctly saw him kick Mrs Top and not the chair. She was sober. William George Waller of Dumfries Street, Luton, printer – about midnight on 16 January he was going home down Victoria Street. He heard a female crying out “murder”. He heard it 3 times altogether. He ran up the street and when he got to the prisoner’s house he heard Mrs Top say “I will” twice. He went for a policeman and found PC Chamberlain. He went into the house with PC Chamberlain. He saw Mr and Mrs Top in their nightdresses covered in blood. He went for a doctor as Mrs Top said she wanted one. Sarah Lemmings of Regent Street, Luton, wife of Anthony Lemmings – she lives next door to Mrs Top. She heard a noise in the next house and went downstairs. Mr Top called her but she said she could not come as she was not dressed. Mrs Top said “mother open the door as I am dying” (Mrs Top usually calls her mother). She set a chair. Mrs Top was covered with blood and her head was bleeding fast. She said to send for a doctor – Top said he had sent for one. Mrs Top was quite sober. [Cross-examined] Mrs Top ran into the street in her nightdress and a black skirt with a yellow flower. She was out perhaps 10 minutes. Louisa Smith of Dumfries Street, Luton, wife of Thomas Smith – Mrs Top is her sister. Between 12pm and 1am William Waller called her up and told her to “go to Mrs Top’s”. Her sister was in a chair and the doctor was doing her head. After the doctor had attended her she washed her and got her to bed. The clothes produced were her sister’s. She rolled them up and gave them to Inspector Brace. When she got there she is sure her sister had not had drink. Samuel Brace of Dunstable Place, Luton, police inspector – on 17 January he went to Top’s house and saw Louisa Smith, who gave him the clothes produced which were wet with blood. He produces a number of papers he received from Mrs Top (marked “A”). George Brown of New Town Street, Luton, turner – Top was in his debt when he locked up On Saturday 18th he went to the lock up to ask Top for the money. He went into the charge room. He saw Top and asked him to pay him. Top gave the policeman a letter to read which was for him. While the policeman was reading he passed some papers to him wrapped up like a ball. He thought it was the money wrapped up and put it in his pocket. He found out that there was no money but papers which he delivered to Mrs Top. They are the same papers produced marked “A”. David Wootton of Luton, police constable – Top made a voluntary statement. After asking what he thought he would get, Top said “this is all through that blessed Mrs Stratford. If she hadn’t have been there Mrs Top would not have been drunk but this is the case. When we got to bed she caught hold of my privates and said she would pull them out and that vexed me. I then jumped straight out of bed, took up my slipper and struck her. She then said ‘Do it again you b---’ and I struck her three times”. He searched Top and his cell on 27 January and found the papers produced marked “B”. Top said they were his instructions to his solicitor. William Chamberlain of Luton, police constable – about midnight on 16 January he heard cries and ran down to Top’s house. He went in and saw Mr and Mrs Top in their nightdresses. Mrs Top was covered with blood caused by a wound on the side of the head. Top also had blood on his arm. Mrs Top said her husband struck her on the head. He followed Top upstairs until he dressed. Mrs Top came up and gave him the boots. There was wet blood on the boot and blood on the pillows, bolster, sheets and table and he also traced it downstairs in the kitchen. He took Top into custody. Top said he did not do it, that she fell down and did it herself. [Cross-examined] He saw one drop of blood on the boot. John Hoey of Langley Street, Luton, surgeon – he is an assistant to Mr Kitt Tomson, surgeon at Luton. He was called to see Mrs Top. He found her first in the street going towards her own house. He followed her into the house and found her sitting in a chair, her nightdress and other things saturated with blood. The blood came from a wound on her head. The wound was a contused one, the scalp cut to the bone and a large swelling round. He dressed the wound and put her to bed. In the morning he examined her again and found a bruise on the left hip and a contusion of the ring finger. In his opinion it was more likely to be caused by a blow from a blunt instrument than from a fall downstairs. The wound was about 1 ¼ inches long. There is always danger of inflammation to the brain from the concussion of such a blow. William George Top – “I am guilty of it but not maliciously”.

item

Top, William George,
Top, Betsy Burdett,
Stratford, Mary Josephine,
Waller, William George,
Lemmings, Sarah,
Smith, Louisa,
Brace, Samuel,
Brown, George,
Wootton, David,
Chamberlain, William,
Hoey, John,
Sinfield, Lizzie,
Stratford, Thomas,
Lemmings, Anthony,
Smith, Thomas,
Tomson, Kitt

LUTON, Luton Regent Street, Luton Market Hill, Luton Dumfries Street, Luton New Town Street, Luton Langley Street, wounding, domestic violence, police constable, police inspector, turner, surgeons, printers, women's history