- Transcript from The Old Bailey:
JOHN M'DONNELL , feloniously threatening to accuse Henry May of an infamous crime, with intent to extort money from him. Other Counts, varying the manner of stating the charge.
MR. PARRY conducted the Prosecution.
HENRY MAY . I am head-waiter at the Scotch Stores, at the corner of Burlington-street, Regent-street. On Wednesday, 18th Sept., I was on my way home from Charing-cross to Regent-street; I had been with a person I knew respecting a public-house that he was taking in the neighbourhood, and I went to Charing-cross to see him to the omnibus—as I was going from there to Regent-street I had occasion to stop at a urinal, at the corner of Hemming's-row—it is a place where there are partitions—it was then about a quarter to one o'clock in the morning—when I went into the place I observed the prisoner there, at the further partition—I went to the first one I came to, and unbuttoned my trowsers, for the purpose of relieving myself—the prisoner directly came to me from the partition he was in, took me by the flap of my shirt, and said, "You b——, if you don't give me a sovereign, I will charge you with an indecent assault"—I immediately struck him in the mouth, and from the blow he fell to the ground—he got up again, and snatched my watch from my pocket, which was fastened by a guard, and got it into his hand—he likewise tore open my waistcoat, and feeling, I suppose, that I had money in my pocket, he said, "I find you have a sovereign or two, I will have one of them"—I then struck him a second time, and called the police—I had about four sovereigns in my left-hand pocket—he said if I did not give him one of them he would charge me as he had previously said—I called the police while we were struggling in the place, he went out—I followed him, and when he saw the policeman coming up, he said, "This gentleman has been annoying me, and following me"—I directly said, "I give this man in charge for an attempt at extortion"—the policeman then took charge of him—in going to the station, I asked the policeman to allow me to go into a house at the corner of Coventry-street to take a glass of ale, as I felt rather excited—he said, "You had better not, come on," and I did not—I went on to the station and gave the charge—when the policeman took him into custody, he said, "If you will go your way, I will go mine."
Prisoner. His statement is entirely wrong; he knocked against me and
struck me; he had annoyed me, and followed me up three or four streets, and when I got the policeman I told him the gentleman had been following me, I did not know for what, and then he said I wanted to extort money from him; and after the policeman took me into custody he never asked the policeman's permission to go into this public-house; he ran into the public-house; the policeman left me standing in the street by myself, and went and brought him out. Witness. I did not follow him up and down the streets—the policeman did not let me go into the public-house, nor did he leave the prisoner standing outside.
JOHN STRATFORD (policeman, A 233). On Wednesday morning, 18th Sept., about twenty minutes to one o'clock I was on duty near Hemming's-row, and heard a cry of "Police!"—I hastened to the spot, and met the prisoner and prosecutor—the prisoner said there was a gentleman following and annoying him—the prosecutor was about two or three yards at the side of him—he came up, and said that he was in the watering-place and the prisoner had indecently assaulted him, and attempted to extort money, and wanted a sovereign from him—I asked the prisoner what he had to say to this charge—he put his hand out to the prosecutor in this manner (waving his hand,) and said, "You go your way, and I will go my way"—I said, "I must take you into custody"—as we went along, the prosecutor wanted to go into a public-house and get a glass of ale—I said, "No, you must go on"—he did go on, and nothing more was said about it—the prisoner was drunk—the prosecutor appeared perfectly sober.
Prisoner. May wanted to extort the price of some ale from me; as we went along, the prosecutor went inside a public-house, and this constable followed him in, and brought him out, and I stood in the street by myself Witness. That is not true.
Prisoner. Nothing was said at the station about the watch or money till the second examination. Witness. The prosecutor stated to the sergeant that the prisoner had indecently assaulted him in the watering-place, and attempted to extort money, and wanted a sovereign.
MR. PARRY proposed to call a witness who would prove that two years ago the prisoner made a similar charge, and then gave a false address, and as an authority for taking this course he referred to Reg. v. Cooper, Sessions Paper, Vol. 29, page 469. MR. JUSTICE ERLE thought that case not applicable to the present; there the question was, whether any intent to obtain money was established, and the evidence then adduced as to other transactions was to make that point clear; in this case, if the witness was believed, the intent was manifest, and therefore it was unnecessary to call other evidence to confirm it.
GUILTY . Aged 30.— Transported for Life.
(There was another indictment against the prisoner).
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