QSR1918/3/5/3a to 3y

The Examination of Clement Howard of 61 Waterloo Road Bedford, Pig Dealer; James Lester of 68 Pitcroft Street Bedford, General Dealer; William Hayden of 55 High Street Kempston, Soldier; Edward Joseph Murphy of County Hospital Bedford, Physician; Philip James Folkes of High Street Kempston; William Marson of Goldington, a dealer; Taken on oath 24th April 1918 in the presence & hearing of Herbert Henry Palmer charged that on 2nd April in Kempston he did cause grevious bobily harm to Clement Howard contrary to Section 20 of the Offence against the Person Act 1861.

24th April 1918

From: 1918 To: 1918

a to f) Clement Howard on oath says; I live at 61 Waterloo Raod Bedford, I am a Pig Dealer. On Tuesday 2nd April I drove over to Kempston in the afternoon. A man named Lester & a man named William Marson went with me, I know the King William 1V at Kempston, That house is kept by the Defendant, we drove as far as the King William 1V, Lester got out of the trap when we were opposite it. I stopped about 50 yards past the house & waited there. Lester came on after.The consequence of what Lester told me we waited in "The Half Moon" subsequently I, Marson & Lester went down to the "King WillIam 1V" We had just got in the house when the defendant came up & Lester went outside the house to him. The defendant & Lester & a man named Skinner went into the yard. I went out at the front, I said to Palmer "may I have a look at the 2 yelts the lame man bought. He said " I have no bloody yelts & if you come into my yard I'll shoot you" Lester was just inside the yard, Palmer said to Skinner "Set about him, I'll soon finish Howard off". The Defendant struck me with his fist on the side of the nose. I stepped back off the path into the road & Palmer followed me. We struck out at each other. Palmer left me & ran into the yard, he said "Before I'll be mastered I'll kill the bloody lot of you" He said that as he was passing through the gate. When he came back he had the stake, produced marked A". He came with the stake in both hands to near the other side of the road where I was. He struck at me with the stake & missed me the first time. He bought it up the second time & caught me in the back of the head. I fell down, when I was down he struck me again with the stake. I did not remember anything until I got to the hospital. My head was stitched up at the hospital & I got home. The Collar marked "B", the jacket marked "C", the shirt marked "D" & the waistcoat marked "E" produced, were the clothes I was wearing when I went to "The King William 1V", my object was to look at the yelts. I did not give any provocation whatever to the defendant to cause him to strike me. Cross Examination I did not say anything about fowls. No-one had said anything about fowls to Palmer in my presence. I said to Palmer "When are you going to bring back these articles you stole from Clapham, I value them at £3.16.00" I didnot say "when are you going to bring me the money you owe me you b.......". A man named Marson was there, Marsons cart was there, I didn't know whether there was a whip in the cart. Marson did not hand me a whip, nor did I hand him one. I never handled a whip & I didn't see Marson handle one. Marson was not outside when it started. I don't know whether a man named Coleshill was there. I don't recognise Coleshill,(Coleshill was bought into Court). I don't know a man named Walton. There were several people in the house when I went in. There was a man named Dawson there, I offered to pay for his beer. Mrs Palmer said "That beer has already been paid for " Philip Folkes was not in the house when we were there. I didn't see what took place between Mrs Palmer & Folkes. I was not the aggressor in this case. Without the slightest provocation Palmer got the stick. Nobody touched Skinner. Lester was there, he was not with me in the house. He was in the yard. I & Marson & Lester all went to the house together. We idn't go with the purpose of picking up a row with Palmer. We had some Sherry at the "Half Moon". Lester had bought the yelts for me, Lester paid £1 deposit on them. When I was inside the house I didn't threaten to murder or kill Palmer. I did not report the matter to the police, I took out the summons. Re Examined Lester is a cripple, very lame. Lester was knocked to the ground by Palmer & Skinner before I was struck Signed Clement Howard g to k) James Lester on oath says; I live at 6 Pilcroft Street Bedford. I am a general dealer & a vender of Sunday Newspapers. My round takes me into the country on Sunday. I use a pony & cart for doing my round, I am a cripple , permanently lame. On 31st March I went through Kempston with papers on my usual round. I called at the defendants house. I saw him, I asked him if he had any pigs for sale. He had two yelts, He put a price on them £20 the two. He eventually said he would take £19.10.0. I said I would see him on the following day. I had an interview with the prosecutor Howard on the Monday. I subsequently went & saw the defendant on the Monday at his house, I bought the pigs & paid £1 deposit. I arranged to fetch the pigs at 10 o'clock the next morning. I had another interview with Howard after I had paid the £1 deposit. Howard provided me with a price for the pigs. Howard, Marson & I went to Kempston in Marsons cart. We went as far as "the King William 1V" I got out of the trap & went to the door. The door was locked. The defendants wife answered the door, the defendant was not there. I informed Howard & Marson & we waited at the "Half Moon" for a time, Howard, Marson & I then went back to the " King William" the house was now open. I went into the yard the other two went into the house. The defendant was in the yard. I went to pay him the balance of the money for the pigs. The defendant said he had sold the pigs. I asked him about the £1 deposit when I was struck & knocked unconsciou. I did nothing at all to provoke anyone to stike me. Cross Examination. We started from Bedford about 3 o'clock. we went straight to Kempston. We went into Darrington's in St Marys' for our lunch. We stopped about 20 mins. We went straight from there to Kempston. It would take us about 30 mins at the most to got the " King William", We were not very long at the "Half Moon" Palmer said "A deal is a deal" I thought he meant by that not fetching the pigs, at the right time. I had until 10 o'clock that morning to get the pigs. I don't know a soldier called Coleshill. I didn't have a coversation with a soldier in Palmer house. It was not part of the bargain that if I didn't fetch the pigs by 10 o'olock they were not mine. I didn't know who it was struck me unconscious. I saw Mrs Palmer on the following Saturday. I don't remember telling Mrs Palmer I was drunk that I didn't know what did happen. I can't say who was in the yard when I was struck. I didn't suggest Palmer struck me. I didn't see a whip being used. I was hit in the back of the head. I didn't come to myself till the next morning. I am living at home with my mother & father. They didn't send for the doctor. I went to the "King Willaim" & through the house into the yard. Re Examined Ten o'clock was agreed to fetch the pigs because them the defendant could help me with them. Signed James Lester l to o) William Hayden on his oath says; I am a private in the Labour Corps & am billetted at 55 High Street Kempston, My billet is right opposite the "King William 1V" about 5:45 to 5:50 I was on the front step of my billet . I saw the three get out of the trap, I saw Palmer come & draw up to his front door, I saw Lester follow Palmer into the yard. Lester helped Palmer with a barrell out of the cart. Skinner left the house into the yard. Palmer & Lester walked into the yard behind the trap. They were talking together. Palmer struck Lester with his open hand, Lester fell to the ground. I saw Skinner turn round & kick Lester while he was on the ground. I saw Howard come out of "the King William" & walk up to Palmers gateway. Then Palmer struck at Howard & hit him. They both wrestled & fell to the ground. After that Palmer entered his gateway again & came back with a stake in his hand, The stake produced, marked "A", is the one, he struck out at Howard & missed him, the first blow, he struck again & hit Howard with the stake on the head & the stake broke. Howard fell to the ground. Palmer hit Howard again with the stake when he was on the ground. When Palmer came back with the stake, I heard Palmer ask his wife to open the gate, he said " I'll murder the lot of them before I'll be done" There was a considerable number of locals about. I helped Howard across to the blacksmiths shop close by where his head was attended to. I helped Howard & Lester into the trap. I had a visit from Palmer at the yard at Kempston depot yesterday. He asked me what I was going to do in the case afterwards he said if I did not appear there would be £5 for me when he returned at night. ? Howard was there at the time. Cross Examination Marson has been pointed out to me. He was one of the 3 in the trap. I didn't see anybody take a whip to Palmer & to Skinner. I know Private Coleshill, he is lodging in the same billet as I. I didn't see Coleshill right through the case. I didn't see the whip at all. I was standing on the door step. I didn't think Coleshill was there. I didn't see him, he might have been there. I am quite clear about my interview wth Palmer. I have known Palmer about 4 months. I don't know everthing about Palmer whatever. I think Palmer thought he was in the wrong & wanted to shut my mouth with a £5 note. I have seen Skinner in "The King William" I don't know Robert Walton nor Mrs Walton, i didn't know any of the language used by Howard, Lester or Marson. I picked Lester up & took him to the trap, he seemed very much dazzed. Re Examined when the trouble started I moved nearer the door Signed Prt. W Hayden p to q) Edward Joseph Murphy on his oath says; I am House Physician at the Bedford Hospital. The prosecutor Howard was admitted to the hospital on Tuesday 2nd April I think it was in the afternoon. He was suffering from a scalp wound about 2 inches long. It was down to the bone in parts. He was also suffering from shock. There was a considerable amount of blood on his clothes. The wound required to be stitched & the patient was kept under observation for about three quarters of an hour. He was them allowed to go home. I only attended to one cut on the head. I think the wound could have been caused by a blow from the stake produced, marked "A" . There had been profuse bleeding from the scalp before he was admitted to the hospital. Cross Examination I saw Howard again on the 6th & the wound healed wonderfully Re Examined I saw the wound dressed again on the 6th Signed E Murphy, House Physician, B. C. Hospital r to t) Philip James Folkes on his oath says; I live at High Street Kempston. I recollect Tuesday 2nd April, on that day II went in a trap to a field on occupation of my father to fetch some ???. As I was nearing "The King William" I saw a crowd of people & approaching nearer I saw Howard fall to the ground from a blow from Palmer. As I got opposite Palmer rushed into the gate & came out again with a thick stick, the stick produced, marked "A" is the one. Palmer called out "Open the gate mother I'll murder the bloody lot but what I'll be master of them" Howard was cut on the head. Palmer struck at him with the stake & missed him. The second time he struck Howard on the head. Howard fell to the ground with blood pouring from his head, the stake broke. Before he had a chance to get up he struck him again with it. Palmer had the stake raised again when I rushed at him & took the stake away. I jumped on his back & got it away from him & said "you shall not strike him again" Cross Examination I did not see what hapened before Palmer fetched the stake. I didn't see a whip used. I Saw Private Hayden, he was standing near, I didn't call out to some boys to fetch my gun. I didn't say I'd shoot him. I have had no bother with him before. I saw Marson & Lester there, I didn't know what happened to them, I didn't see Lester knocked out. Howard was taken into the blacksmiths house. I didn't notice what condition Lester was in. I don't know anything of the cause of this trouble. I didn't go into the house at the time. There were several soldiers there. I don't know Coleshill by name. I saw Hayden there Signed Philip James Folkes u to w) William Marson on his oath says; I live at Goldington. I have a stable in the Clarence Yard Bedford, I am a dealer. I know Howard & Lester. I knew them before 2nd April. I own a cob & trap. On 2nd April I drove that cob & trap to Kempston, Howard & Lester were with me. We passed "The King William" Lester got out, Howard & I went to "the Half Moon" We waited there some time then drove back to "The King William". The three of us got out of the trap & went into the house. I went to the urinal & into the yard & I saw Lester on the ground. Palmer went & got a stake, the stake produced, marked"A" is the same one. He said "open the gate mother I'll murder the bloody lot but what I'll be master" He came through the gate. Howard was on the [round] about the middle of the [round]. Palmer struck at Howard with the stake & missed him once, the second time he hit him at the back of the head & knocked him to the ground , there was a lot of blood. Palmer hit Howard once more. I went to try to help get the stake away & was knocked down by a man named Skinner. Subsequently I took Howard to the Infirmary. Cross Examination Several helped get Howard into the trap. I could not say why Skinner should knock me down. I didn't know what the row was about at the time. I didn't suggest that Palmer should be hit over the head with the whip stock. I didn't see anyone use the whip. The whip was in the cart when I got back. I don't know Coleshill. I saw Hayden there. I have seen him since. I saw him this morning at Kempston. Signed W Marson The depositions were taken & sworn this 24th April 1918 before me Walter Harter a Justice of the Peace for the County of Bedford x) List of Exhibits;p A Stake by Prosecution B Collar " C Jacket " D Shirt " E Waistcoat " G William, Clerk to Committing Justice y) Statement of accused; Herbert Henry Palmer charged that on 2nd April 1918 at Kempston he did unlawfully cause grevious bodily harm to one Clement Howard contrary to Section 20 of the offence against the Person Act 1861. he is asked if he wishes to say anything now he has heard the evidence against him & replies " I call no witness & reserve my defence" Signed H H Palmer Walter Harter, Justice of the Peace for the County of Bedford

item

Howard, Clement,
Lester, James,
Hayden, William,
Murphy, Edward Joseph,
Folkes, Philip James,
Marson, William,
Palmer, Herbert Henry,
Skinner,
Coleshill,
Dawson,
Walton, Robert,
Williams, G,
Palmer, Harriet,
Harter, Walter

KEMPSTON, BEDFORD, Kempston King William IV, Kempston Half Moon, Horse & Trap, GBH, wounding, pigs, fowl, physician, hospitals