Andrew Mccaffrey

Level 135

C H on 3rd March 2024

Old Bailey Online ANDREW MCCAFFREY. Breaking Peace; wounding. 16th September 1839 Text type Trial account Defendants ANDREW MCCAFFREY Offences Breaking Peace > Wounding Session Date 16th September 1839 Reference Number t18390916-2456 Verdicts Guilty Punishments Transportation 2456. ANDREW MCCAFFREY was indicted for unlawfully, maliciously, and feloniously assaulting Patrick Murray on the 13th of August, and stabbing and wounding him upon his belly, with intent to maim and disable him; 2nd COUNT, stating his intent to be to do him some grievous bodily harm. MR. HEATON conducted the Prosecution. PATRICK MURRAY . I am a whalebone-bristle-cutter, and live in Green Anchor-court, Fore-street. I was at the Duke of Bedford public-house, in Golden-lane, about twenty minutes after eleven o'clock, on the night of the 13th of August, with my wife—the prisoner was sitting there when I went in—I was standing opposite the bar—I had not been in the house above two or three minutes when a row commenced between two men—the prisoner was not one of them, but he had a stick in his hand, and was going to strike a blow over one of the men's heads—I caught hold of the stick to prevent his striking the blow—we were scuffling for two or three minutes, and in the struggle I felt a pain in the lower part of my belly—I was then pushed out of the house by the barman—I saw a policeman outside, and told him what had passed—he went and examined in the passage of the next house, and I found I had been stabbed with a knife near the centre of my belly, alongside the navel—I had on a pair of moleskin trowsers—the stab was lower than the waistband of the trowsers, on the flap—I had never seen the prisoner before—I went with the policeman and gave the prisoner in charge in the public-house—Mr. Leeson's assistant saw me the same evening, and dressed my wound—I had blood on my shirt, which was cut through, as well as my trowsers—I was not able to do any thing for four or five days—I saw nothing of the knife before the scuffle. Cross-examined by MR. DOANE. Q. Did the prisoner appear a stranger to your wife? A. That I cannot say—I do not know whether she knew him or not—I never heard her say she did—we have been married eight years—I never heard from her that she had any quarrel with him—she tried to get me out of the row as well as she possibly could—she did not strike the prisoner to my knowledge—I did not see it—I am given to understand it was the prisoner's son who was quarrelling and the prisoner was endeavouring to strike his son's opponent—I was sober—I had hold of the prisoner's stick, and he tried to get it from me—he pushed me against the wall—I did not see the point of the stick at all. COURT. Q. Was it while you were struggling with him against the wall that your wife came to your assistance? A. Yes. MARGARET MURRAY . I am the prosecutor's wife. I went to the Duke of Bedford public-house on the night in question, with my husband, to have a pint of beer, and saw the prisoner there—I had never seen him before, and had no knowledge of him—before we could call for the beer a row commenced with two men, and they began to fight—the prisoner had a black Stick in his hand, which he began to strike the other one over the head with—my husband went to lay hold of the stick, and the prisoner caught hold of my husband, and got him up against the wall—I saw the prisoner put his hand into his pocket—he had nothing in his hand then—I saw a black handled clasp-knife in his hand when he took his hand from his pocket—It was open at the time I saw it—seeing it open, I went between him and my husband, and in the scuffle the knife cut my wrist—the barman came, and put my husband out of the house—I did not know at the time that the prisoner had struck my husband with the knife—I did not see any blow struck with it—I followed him out—a policeman was passing at the time—I was not present in the passage—but as he came out of the passage of the adjoining house, I went with him to the public-house—he said he had been stabbed, and the prisoner was the man, and gave him in charge—my husband continued ill five or six days. Cross-examined. Q. Is your mother's name Griffiths? A. No, prendergast—Griffiths is her name by my father—I never saw the prisoner before to my knowledge—I did not see him in July—I do not know that my mother had any wrangle with him—I swear that—I never said I would split his head open if I caught him in a public-house—I do not know where he lives—I know a person named Haley, in Golden-lane—I will swear I never had any quarrel with the prisoner, nor ever made any threat against him—I was never present when my mother had any quarrel with him—I went between the prisoner and my husband, when my husband was against the wall—I had been to that public-house with my husband before—we had never been turned out before—there were about eight or nine persons present when the struggle was going on—I do not know what became of the stick—I think the policeman has the knife—the prisoner said he wished my husband might bleed to death, as he went along to the station-house, and he said so twice in the station-house—he made a kick at my husband's lower parts, and I pushed my husband away from him—he did not put his hand into his pocket while he was struggling with the stick—he had not the stick in his hand when he had hold of my husband with one hand, and I saw him put his hand down into his pocket, and afterwards saw the knife open in his hand—I am quite sure it was open. COURT. Q. Your wrist was Cut in going between them? A. Yes, when I went between them—I did not at that time receive a blow from any body else—the prisoner's son was in the public-house, but he did not strike me at all. GEORGE WILKINSON (police-sergeant G 18.) On the night in question I was near the public-house, and heard a noise—I went towards it, and saw Murray—he made a complaint to me—I examined and saw a wound bleeding at the belly—we went into the next house with him—he pointed out the prisoner as having stabbed him, and I took him into custody—I found this black-handled knife in his waistcoat-pocket with another knife with a white handle—there was no blood on them—in going along to the station-house he said he wished the prosecutor might bleed to death. JOHN LEESON . I am surgeon of the G division of police. I saw the prosecutor next morning—he appeared to have a punctured wound a few inches below the navel—a knife was very likely to hare made it—the bowels were not wounded, but if it had proceeded a little further it would have been mortal—it was very near the bowels. Cross-examined. Q. Might it have been done by a sharp-pointed stick? A. No, I made several punctures with the stick, which has a point, and with the knife in the trowsers, and the original puncture seemed to be made with the knife. (Thomas Weals, landlord of the Duke of Bedford; Edward Dedderige, the barman; Caroline Hislop, wife of a shoemaker in Harper-street; and Joseph Johnson, a gold and silver wire-drawer, gave the prisoner a good character.) GUILTY on Second Count. Aged 42.— Transported for Fifteen Years. First Jury, before Mr. Recorder.