HAMPSHIRE WINTER ASSIZES
The commission for these assizes was opened on Monday last. His lordship the Hon. Mr. Baron Pigott …
CUTTING AND WOUNDING AT PETERSFIELD.
William Kelsey was charged with feloniously and maliciously cutting and wounding John Bagshaw, at Petersfield, on the 30th August, 1863.
Mr. Maconochie prosecuted, and Mr Yonge defended the prisoner.
The prosecutor, his brother, and several other lads, among whom was the prisoner, were on Sheet Common on the day in question, playing together, and eventually it turned to blows. The prisoner had prosecutor’s brother on the ground, when prosecutor gave the prisoner a blow in the eye. The latter had a knife in his hand, and said ‟If you strike me again I’ll let your guts out.” He struck at the prosecutor, who put up his arm, and received a cut from the knife, which caused the blood to flow. It was elicited in cross-examination that the prosecutor had struck the prisoner several times, cutting his ear open and blacking his eyes.
Guilty, with a strong recommendation to mercy.
His Lordship said he agreed with the jury, and hardly knew what to do in such a case, it was very hard to sentence a youth who had hitherto borne such an excellent character. He would take time to consider the sentence.
On Friday morning his worship passed sentence on the prisoner, and said he hardly knew what to do with him. It was sad to see him give way to his passions as he had done by using his knife, and he trusted the punishment he was about to award him would be a lesson for the rest of his life. He would now suffer two month’s imprisonment.
Hampshire Advertiser — Saturday 05 December 1863
CUTTING AND WOUNDING.
William Kelsey was indicted for wounding John Bagshaw, at Sheet, on August 30th.—Mr. Machonochie prosecuted, and Mr. Yonge defended prisoner.
The prosecutor was a lad residing at Petersfield, and on Sunday, August 30th, he and his brother were on Sheet Common. The latter was lying on his back cutting a stick, and the prosecutor sitting on the rails. Prisoner played with the brother, and eventually made him black in the face. Upon seeing this prosecutor came to prisoner, and having asked him to desist twice struck him two or three blows, upon which the brother said ‟Don't hurt Rookey (a nickname)—he has not hurt me.” Prisoner said he would rip his guts open, and drew a knife from his trousers pocket. He was told by one of the other lads on the Common to ‟look up.” On this he turned round, and seeing prisoner about to strike him he put up his arm to ward off the blow, and received a wound in the arm. Prosecutor then gave him two blows, and prisoner made off on seeing the blood, at which he seemed surprised. The wound was not a serious one, and healed rapidly. A pocket knife would have caused such a cut.
Mr. Yonge said, with his Lordship’s sanction, he might state this case to the jury as one of unlawful wounding only, supposing, of course, that Kelsey was guilty of purposely wounding Bagshaw. His version however of the affair was, that it was an accidental wound, and was caused by Bagshaw bringing his arm in contact with the knife which Kelsey was flourishing about while smarting under a very severe thrashing from his assailant.
His father and mother gave him a good character.
The Judge said the pretence for using a knife was most trumpery; it was used unintentionally.
The Jury found him guilty of unlawfully wounding, and recommended him to mercy.
The Judge said he agreed with the verdict. It was sad to see a boy bearing a previous good character in such a position. The difficulty was to know what to do with him. He would think it over, and pass sentence to-morrow morning.