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From the Folkestone Observer 19 December, 1863. Transcribed by Jan Pedersen.
ASSAULT
Tuesday December 15th:- Before Captain Kennicott R.N. and J. Tolputt,
Esq.
James Spearpoint appeared on summons for an assault on Henry May on
Friday the 11th instant.
Henry May, in the employ of the S.E.R. Company said: Last Friday
afternoon I called in at the "Providence" public house, Beach Street. I
had been there about 20 minutes when Spearpoint came in. He had a piece
of net, a needle and some twine in his hand, and asked where the man was
he fetched that for. He asked if I could make a round bottom to the net:
I said I could. He wanted to bet me 5s. that I could not. I said I had
not got 5s. and handed the net back to him. He then swore at me and
challenged me to fight, which I declined to do. He then wrung my nose,
got hold of my whiskers, and gave me a back-handed blow across my eye.
He was in the attitude of striking me again when I took up the spittoon
in self defence. I told him if he struck me again I would hit him with
it. He then struck me in the face and I threw the spittoon at him. I
don't think it hit him. He struck me again several times, and I then
closed with him and held him against the table, when a shipmate of
defendant's took me away, and he struck me again on the lip and
underneath the jaw. We were then separated by the bystanders.
Cross-examined by Mr. Minter: Other people were in the room, amongst
whom was Mr. Brown, a shoemaker; Mr. Jenkins was also there. I have
called no-one as witness. I did not call defendant a ---- bully when he
was engaged in an argument with another man. He didn't say he would
punch my head if I called him those names again. I didn't jump up and
seize him when he said those words. I didn't hold him on the table with
the spittoon in my hand over his head. Defendant didn't call someone to
pull me off. After Jenkins pulled me off I didn't throw the spittoon at
him.
Mr. Minter addressed the bench on behalf of the defendant, and said
he was at the "Providence" holding an argument about the net, when May
called him a ---- bully, and that was the commencement of the row and
Spearpoint said “If you say that again I shall punch your head”. May
then got up, and so did Spearpoint, and they wrestled together, when May
pushed him on the table on his back, and picked up a spittoon, when
Spearpoint called Jenkins to pull him off. May was not satisfied when
separated, but he must throw the spittoon at him. Spearpoint then struck
him in the mouth, not before, as he had a witness to prove.
He called William Jenkins, in the employ of the S.E.R. Company, who
said: I went into the "Providence" on Friday afternoon. As I went in I
heard May say “You are a ---- bully”. Spearpoint got up and said “If you
call me a ---- bully again I shall punch your head”. May got up and
closed on Spearpoint and pushed him on his back on the table. May had
hold of him close by the neck with one hand, and had a spittoon in the
other. Spearpoint called out “Bill, part us”. I jumped up and separated
them. They went at it again, and May threw the spittoon at Spearpoint.
Spearpoint then struck him in the mouth. I did not see any blow struck
before that. May then went out of the house. When I went into the room
the net was lying on the table.
By the complainant: I did not see you strike defendant with your
fist, but you struck at him with the spittoon.
The bench said the case had entirely broken down because complainant
had brought no witness to corroborate his evidence. They must therefore
dismiss the case.
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