Patrick Foy

135

C H on 11th April 2024

Old Bailey Online PATRICK FOY. TIMOTHY DUGGAN. RICHARD PRENDERGRASS. Breaking Peace; wounding. 28th February 1848 Text type Trial account Defendants PATRICK FOY, TIMOTHY DUGGAN, RICHARD PRENDERGRASS Offences Breaking Peace > Wounding Session Date 28th February 1848 Reference Number t18480228-822 Verdicts Guilty, Guilty, Guilty Punishments Transportation, Imprisonment, Imprisonment 822. PATRICK FOY, TIMOTHY DUGGAN , and RICHARD PRENDERGRASS , feloniously cutting and wounding Joseph Wayman, with intent to do him some grievous bodily harm.—2nd COUNT, with intent to resist the lawful apprehension of said Richard Prendergrass. MESSRS. BODKIN and CLERK conducted the Prosecution. PETER COWELL. I keep the Bricklayers' Arms, Whitecross-street. On boxing-day I was giving away meat and drink to my customers—there was a party of Irish people there—the house was pretty full all day—I heard that there was a trifling disturbance about half-past two o'clock—I went into the tap room, which is a considerable distance from the bar, and it was then all over—the Irish people were in and out of the tap-room until the evening—about eight, a large body of Irishmen, principally dressed as labourers, came—about thirty rushed into my house in a body—For was among them—I cannot say who was at the head, as two or three came in before I came from the tap-room—they were very violent, pushing about, crying out names, and looking for somebody to fight—one cried out,"I for Graney"—I know a man of that name, but had not seen him that day—they attempted to go into the tap-room—I put my back against the door, fearing there would be a conflict—I was knocked down, and beat very severely, I cannot say who by—I had a block eye—the women in the tap-room cried, "Morder!"—the police would not come in at first—they had not sufficient force—I went to the door, and the person who knocked me down was given in charge—the men then went out of the house together. Cross-examined by MR. O'BRIEN. Q. Did you know either of the prisoners before? A. Yes, Prendergrass—in the confusion I did not see him there—I had never seen the man before whom I gave in charge—it was quite light where I was struck—I gave him in charge in front of the bar, not five minutes after I was struck. MR. BODKIN. Q. Did the man you gave in charge get away? A. I believe he got away from the police—he was one of the thirty—I gave another man in charge—I did not know him. JOSEPH PEET (policeman, G 125.) On 27th Dec. I was on duty in Whitecross-street, about right o'clock at night—I saw about forty men going—they all turned into the Bricklayer's Arms—when I got up to the door they were all fighting with one another—I took one door in each hand, and let as many as would come out, but I let none in—a great many were pressing to go in—I saw Foy and Duggan fighting with others in the house—Prendergrass was contending with Cowell, to make his way into the tap-room—he struck Cowell, who told me to take him for the assanlt—I said I could not, but would send to the station, and as soon as we had assistance we would do anything for him we could—he told me to take him, by pointing to him—all in the house were fighting—Cowell came into the street, and pointed our Prendergrass again to be taken—two policemen came up—there were then six of us—Prendergrass came to the door—I opened it for him to come out— he took a very steady survey, then went to the tap-room, and said, "We are a match for them;" he then went to another part, and said, "We are a match for them, there are only five"—the riot continued—there were cries of "Murder!" and "Police!"—I went in—Prendergrass was given in Constable's charge—I cleared the front of the bar, went to the door, and saw our men on the ground, being beaten—I could not get to them, the mob were so fierce and thick—Prendergrass and Foy were on my right—knowing Prendergrass had been in charge before, I took him—he was pretty quiet a little while, but the mob on my brother constables were so fierce—I saw an Irishman with a constable's staff—I jumped at it, wrenched it out o his hand, and gave it to another constable—then Prendergrass began to struggle—we both went down—as I was getting up I received a most brutal kick just above the groin—I was lifted perhaps two or three yards by the force of it—I endesvoured to get up again, and received a kick in the small of my back, and was hurt in the back of my neck—I became insensible, and found myself upon another constable—I do not know how I got hom—I knew the prisoners before. Cross-examined. Q. Did you go in immediately Cowie was struck? A. No, I was frightened—I went inside the door before he went out—Prendergrass was given into custody ten minutes after the blow was struck—I do not think it was a minute after he was struck that Cowie applied to me—there were thirty or forty men between me and Cowie—the first time I saw Prendergrass that night was when he was contending with Cowie—when I went out of the house he was two or three yards from the door. MR. BODKIN. Q. How many people assembled? A. Two hundred, or more—the people were intimidated—the shops were all closed. JOSEPH WAYMAN (policeman, G 147.) On 27th Dec., about eight o'clock in the evening, I was on duty in Chiswell-street, and saw fifty or sixty men come out of Milton-street—I followed them into Whitecross-street—Prendergrass and Duggan were close to me—they all went into the Bricklayers' Arms—I followed at some distance, and joined Peet in Chiswell-street—we found Hall, a constable, at the door—we all stood there—I could see inside—I saw Foy putting himself in a fighting attitude—I heard cries of "Murder!" from a back room—Cowell cam out to me—I begged him to wait till assistance came—Nicholas came up, there were the five of us—Cowell came again—we then went in—I saw a great many people fighting in front of the bar—Foy was there, making himself very active—I heard something like threats, but could not hear the words—Constable took a man whom I cannot identify—I assisted in getting him out of the mob—I do not think I laid hands on him—he was taken into the street—the mob all rushed out—I followed—I was drawing my staff to keep the mob off from rescuing the prisoner—it was taken out of my hand behind me—I was knocked down and struck behind the head all in a moment—my staff was sound then; it is now shattered all to pieces; part of it is gone, I did not see it again that day—I got up on my hands and knees, and received several kicks in the groin, on the jugular vein, and the back—I cannot say who by—I remember seeing Foy just behind me, when I was just at the middle of the door-post—he was almost touching me when I was drawing my staff—I became senseless and was taken to a surgeon's, and am unable to resume my duty still. Cross-examined. Q. Could you see inside without pushing the door open? A. No—I did not see Cowell struck—I was about sixty yards from the mob when they went in—I believe every one went in when my staff was taken—I do not think there was any one between me and Peet, but Foy—I do not know how many were in the house then—I did not go into the back room. MR. CLERK. Q. The men were not in your charge? A. No—I cannot say one of them was not Prendergrass. WILLIAM ELSTON (policeman, G 246.) I went to the public-house from the station and found a large mob—I went in, and saw Prendergrass in Constable's custody, in front of the bar—there were very few people in the house, but many outside—Prendergrass was brought out by me and Constable—Wayman was close to Constable, and Peet after him—he was knocked down a minute after he got to the door, I did not see who by—I saw Foy kick him about the shoulder or face, as he was in the act of getting up—Foy stood on the pavement, about a yard from the door—we had Prendergrass in charge then—I, Constable, and Prendergrass were knocked down by the crowd rushing on us—Foy and Duggan were then in the mob—I kept hold of Prendergrass, and he kicked me in the right eye—I got up, and received a blow in the nose from Prendergrass—Foy struck me on the side of the head, and I was knocked down again, and obliged to leave go of Prendergrass—I was getting up, and was struck again by Foy—I escaped, and met some other officers, with whose assistance Foy was taken on the spot—I did not see Prendergrass after he was rescued till he was at the Police-court several days after. Cross-examined. Q. Had you ever seen him before? A. Not that I recollect—there might be five or six persons between me and Wayman when he was knocked down—I was engaged at the time. WILLIAM SAUNDERS. I live at Mr. Basley's, a butcher, in the Commercial-road. On 27th Dec., about eight o'clock, I was in Whitecross-street, and saw people come out of the public-house—I saw Wayman against a shop, where I was at work—I did not see him come out of the public-house—a man took a staff out of his hand, and hit him with it on the back of his head—he fell, and as he was about getting up again he kicked him under his right jaw—I helped him up, took him into a milk-shop next door, and told a doctor—I was three yards from him, behind him—the man was on the curb behind him. Cross-examined. Q. Was Wayman out in the street? A. Yes, about four yards from the public-house door—I was not above three yards from the door—there were forty or fifty people there. WILLIAM CONSTABLE (policeman, G 81.) I went into the public-house with the officers—a great deal for fighting and quarrelling was going on—I saw all the prisoners fighting—Cowell gave Prendergrass in charge to me, Peet, and Elston—when we got him out he was rescued from us by the mob—Foy was the principal—he was striking everybody that came in his way—the others were encouraging and inciting the mob—Duggan kicked Pest—Wayman and Peet fell down together—I was knocked down by the mob, and kicked in the eye by Foy while I lay on the payement—my eye was closed for several days—my right temple was cut—I was hurt in the groin and ribs—I was carried to a doctor—I knew Prendergrass before. JOHN BUBBERS MATHER. I am surgeon to the G division of police. On the evening of 27th Dec. I was called to Wayman's house, and found him very severely injured—he had a cut on the head three inches and a half in length, which denuded the skull bone—a blunt instrument, such as a policeman's staff, might have inflicted it—I found a severe injury to the neck and his saw was fixed, so that he could not open his mouth for fourteen or sixteen days—he had also been kicked in the ribs and at the back of the head—I considered his life in danger—he is still under my care. ( James Ward , a builder, of Jewin-street, gave Prendergrass a good character; and Thomas Davis , skin-dresser, of Cow-cross; and James Connor , a trimmer, gave Foy a good character.) FOY— GUILTY. Aged 29.— Transported for Ten Years. DUGGAN— GUILTY. Aged 21.— Confined One Year. PRENDERGRASS— GUILTY. Aged 20.— Confined Eighteen Months. (There were three other indictments against the prisoners, for assaulting the officers.)