QSR1863/1/5/1

Depositions of Joseph Osborn, labourer of Heath & Reach. Joseph Cook, labourer of Heath & Reach. Henry Quenby, police constable stationed at Heath and Reach. Philip Wynter Wagstaff, surgeon of Leighton Buzzard. Eliza Osborn, single woman of Heath & Reach. In the case of Amos Roberts accused of malicious wounding and inflicting grievous bodily harm with a post rail on Joseph Osborn.

21 October 1862

From: 1862 To: 1863

Joseph Osborn: the prisoner lived at Heath & Reach and was a tailor. About 10.45pm on 4 October. The prisoner was in the road with another man, John Tompkins, and they were quarrelling and talking about fighting. He spoke to neither of them. He and Cook waited to see if there was going to be a fight and followed the prisoner and Tompkins down Reach Lane. The prisoner left when he got to the end of lane and said he did not care for any of the 3. There was only he, Cook and Tompkins there. Cook said he need not refer to the 3 of them as Tompkins was the only one with whom he had spoken. They heard some swearing from up the lane and on going up the lane, with Cook, they found it to be the prisoner’s brother Joseph. Joseph stuck Cook on the face and Cook returned the blow and knocked Joseph Roberts down. He and Cook returned home after this and as they were passing the prisoner’s garden, the prisoner “you b…. I’ll knock your brains out” and the prisoner struck him with a great stick he had in his hand. Roberts used both hands to strike him with the stick. He fell to the ground insensible. He was struck in the head and was at home in bed when he came to his senses. He had not interfered with the prisoner in any way or even spoken to him. He did not remember anything from being struck to when he found himself at home. The doctor was sent for the next morning and he had been attended since by Mr Wagstaffe. He was in bed for about 10 days. He had never quarrelled with the prisoner nor given him offence. He did not notice whether the prisoner was in liquor or not on the night in question. He saw the prisoner in the Dukes Head but never spoke to him and had not seen him before that day. [cross examination] he was not drunk that night. He had not said he had been to Sheep Lane to find a man to fight and had not said he would have a b ___ row before he went home. He followed Roberts out of the Dukes head and to Birds Hill and did not recollect speaking to Tompkins or saying he would lend him a sovereign to fight him [Roberts]. He and Cook came up the lane together and left Tompkins behind about 10 or 12 yards. Joseph Cook: on the night of 4 October he was with Joseph Osborn at the Dukes Head, Heath and Reach. They left about 11.30 and went towards their homes. He saw the prisoner and others on their way home. The prisoner and a man named Tompkins were quarrelling. Osborn and he followed them and stopped at the bottom of Reach Lane. The prisoner turned and said he did not care for the 3 of them. This was about 100 yards from the prisoner’s house. He said to Roberts “Ame you need not say three of us for nobody had said anything to you”. He heard someone swearing up the lane and went in the direction and found it to be the prisoner’s brother Joseph. Joseph Roberts came up to him and said “are you the man who wants to fight”. Joseph Roberts then struck him and he struck him and knocked him down. Osborn looked on and as he was turning to go away he saw the prisoner strike Osborn on the head with a post or rail post. The prisoner used both hands as it was so large he could not use only one. The prisoner was in his own garden and he had a foot on the wall so that he was above Osborn when he struck him. Osborn fell and rolled twice. At first he was stunned then but then got to his legs and said “If you are a man come and fight me and not hit me in that way with a stick.” Osborn fell again. He helped Osborn home. Osborn seemed partly sensible and kept saying “oh my head”. He stopped with Osborn about an hour and Osborn bled from the place on his head where he had been struck. When Osborn was struck he asked the prisoner was he not ashamed to strike a man in that way. He did not notice if the prisoner was with liquor or not. He had not followed Roberts to his gate. PC Henry Quenby: about 11.30pm on 4 October he went into the Dukes Head and saw the prisoner and Osborn there. He also saw Tompkins and Cook. The prisoner appeared quire sober. The prisoner left the house with Tompkins. They were disagreeing at the time. Osborn and Cook left after them and went in the same direction. He lost sight of them all. About 15 minutes later he heard a disturbance and found Osborn, Cook and Tompkins in the road. The prisoner was in his garden. Osborn said to Roberts that if he would come out on the road he would fight him. Osborn told him to look at his head as Roberts had knocked him down when he hadn’t said a word to him. He saw blood on Osborn’s sleeve. Osborn then walked towards his home and he saw him fall down. He told Osborn to go home and he replied he could not unless he was assisted. Cook took Osborn to his house. He did not see anything in the prisoner’s hand. On 8 October he apprehended the prisoner and told him the charge. Roberts replied the man had come on to his wall and he had knocked him off with his fist and that Osborn had no business to follow him home. He had not said to Osborn that he would take him if he was not quiet. Philip Wynter Wagstaff: a surgeon in practice at Leighton Buzzard. On 6 October he was informed a man had been injured and that his brother had attended him. On 8 October he went to Osborne’s house and found him in bed. Osborn was labouring under all the symptoms of an inflammation of the brain, the result of an injury. Osborn had a wound on the fore part of his head. He attended him until the present time and at one time had considered him in imminent danger. The blow appeared to have been given by a sharp edge of an angular piece of wood. The wound was about 2 inches long and the blow had penetrated the scalp. It appeared to him to have been a very serious blow. Eliza Osborn: a single woman, living with her brother at Heath & Reach. About midnight on 4 October she was called up and got a light. When she went downstairs she found her brother, Cook, Tompkins and another. The blood was running down her brother’s forehead and there was a recent wound there. Her brother sat in the chair and could not speak and was put to bed. He was subsequently attended by a doctor. He was so bad on the Tuesday night had she thought he could have died any minute. Statement of the accused: he did not wish to say anything.

item

Roberts, Amos,
Osborn, Joseph,
Cook, Joseph,
Quenby, Henry,
Wagstaff, Philip Wynter,
Osborn, Eliza

HEATH & REACH, wounding, grievous bodily harm, surgeon, tailor, Heath and Reach Dukes Head