Cumberland & Westmorland Newspaper Transcriptions

At the Cumberland Quarter Sessions, Herbert Faulkner aged twenty-two,
tilelayer, and Thurston Metcalfe, aged twenty-one, tilelayer, (imperfectly
instructed), both out on bail, were charged with unlawfully wounding James
Bow, at Keswick, on the 31st May.

Mr. Dawson appeared for the prosecution and Mr. J. H. Fawcett for the
prisoners.

Between ten and eleven o'clock on the evening in question prosecutor met the
prisoner Metcalfe in the Main Street, near the Queen's Head. The prosecutor
was in company with about twelve others. Shortly afterwards he saw both the
prisoners coming out of Dover's shop. They bothered two or three other lads,
and then the prisoner Metcalfe struck prosecutor on the face. There had been
no words previous to this, and prosecutor having struck him with a sharp
instrument, remarking that he would leave its maker's name on him. The other
prisoner, Faulkner told him to " shove it into the b----'s stomach." Some of
the party said it was a knife, and at the same time prosecutor felt the
blood running down from a wound in his thigh. He shortly went home, and Dr.
Tweddle was called to attend him.

In cross-examination prosecutor denied giving any provocation to either of
the prisoners, and said he did not see Faulkner do anything.
Robert Minniken said some boys were bothering the prisoners, but the
prosecutor was not one of them. He saw Metcalfe strike the prosecutor, and
prosecutor returned the blow in his own defence.

Mr. Tweddle, surgeon, Keswick, said he examined the prosecutor, and found a
punctured wound in the outer part of the left thigh, about a quarter of an
inch in length, and an inch in depth. It must have been given by a sharp
instrument. It was a very simple wound and it soon healed. An instrument
like the small chisel found on the person of the prisoner Metcalfe could
make such a wound.

The prisoners are two young men from Manchester, and came to the
neighbourhood of Keswick to lay down some encaustic tiles in a gentleman's
Mansion there.

Mr. FAWCETT, for the defence, first applied for the release Faulkner, as
there was no evidence against him.

Mr. DAWSON opposed this, on the ground that Faulkner was an accessory before
the fact After a short discussion on the point, the Court thought it was a
matter for the jury to consider, and it was left to them.

Mr. FAWCETT then addressed the jury for the prisoners, contending that as
strangers they had been badly treated and aggravated by the clannish boys of
Keswick, when they were walking down the streets of the town on a quiet
Sunday evening. He submitted that the witnesses for the prosecution had been
prejudiced and could not remember anything that was likely to tell in favour
of the prisoners. In conclusion, the learned counsel called upon the jury to
aquit Faulkner, and if they returned a contrary verdict against Metcalfe
that for a common assault would be quite sufficient to meet the case.

The CHAIRMAN summed up, pointing out to the jury that the fact of Metcalfe
using a pointed instrument showed his intention to commit an injury. The
jury returned a verdict of Guilty against both prisoners with a
recommendation to mercy, as there might have been provocation.Mr FAWCETT put
in a letter from their employer offering to take them into their service
again should they be convicted.

Sentence. - Three months imprisonment' with hard labour.