A SERIOUS ASSAULT.

Nelson Evening Mail, Volume XV, Issue 109, 7 May 1880, Page 2

A SERIOUS ASSAULT.

In consequence of an information having been laid by Mr Shallcrass, the keeper of the Nelson Gaol, charging Ferdinand Deneker, George Thompson, and John S. Hutchinson, prisoners at the said gaol, with assaulting, wounding, and illtreating one William Carter, a fellow prisoner, with intent to do him grievous bodily harm. The charge was heard before John Sharp and W. Wells, Esq., J.J.P., who sat on Thursday afternoon and again this morning. On the charge being read neither of the prisoners had anything to say with regard thereto, and the following evidence was then taken : — William Carter deposed: lam a prisoner at the Nelson Gaol. On Tuesday evening last, the 4th May, having just obeyed the order of the chief officer, I sat down on a stool in the dining room. The prisoner Ferdinand Dencker said to me, "I'll give you a game of drafts," and I said, " Not tonight, thank you, Ido not feel very well." At that time Mr Bourke, the warder, came An, and I went to get the "Home News," and sat down opposite the door to read it. After reading a few moments I looked up and saw prisoner Thompson standing on one side of me, and Hutchinson on the other, and whilst I continued reading Thompson "launched out his arm and struck me cutting my upper lip. I said " Good God what do you " before I could get the word "mean " out Thompson said to Hutchinson " put the clout on him and I'll put the hug and grip on him." Hutchinson then threw a big red serge shirt over my head, and at the same time Thompson caught me by the wind pipe, which has been swollen ever since. Hutchinson said " give it to the , and I'll hold him tight." Thompson then began to beat me about the forehead and face with his fiefcs and made the marks which are now visible. Dencker then said to Thompson mind yourself, and you've no boots on I'll kick his guts and ribs in," and he then kicked me. I being held on the floor with red shirt round me by Hutchinson. While Dencker was kicking me he sang out to the others "Here is White," meaning the Chief Warder, and they then let go the red shirt, and I ran out of the room. The Governor and two officers came in and found me bleeding. By the Court : Thompson said nothing before striking me. When they saw Warder White, Thompson said " that's for your three pannikins of tea." Dencker said "that's for your hole stoning and smoking." These prisoners never threatened to do me bodily harm before, but I have had words with them owing to my being wardsmen and keeping the dining-room ciean. By Dencker : After the event I did not threaten to fight anyone in the room. I said had I known you were going to come on me unawares I would have taken any of you single handed, not three to one, weak as I am. I told you before the Governor and Chief Warder that you kicked me. I did not say I could not swear whether Dencker kicked me or not. By Hutchinson: I did not challenge you to fight a month ago for making a mess when I was cleaning up, and using some impudence. You said what' you would do, an^ I said you were not able to. You said you would put Dencker, your mate, on to me. I did strike Mercer a prisoner, who has now left the gaol. I never boasted that I had Warder White on my side, whatever takes place in this room. On Tuesday morning when sixteen were at breakfast I did not say " I'll fight any one of you." By the Court: I did grumble at the cook for cutting my beard rather short about a month ago, but I did not say I would pay him out for it. Two or three days atter this conversation about the bread there was coal jor dust in the porridge. I did not see a

handful. I gathered the pieces, but did not J Bay I would bring them into Mr White. I ] went to the kitchen shortly after, but did not i say "where's the coal?" I did not blame the cook for it. I was not sent into this t room by Warder White to challenge any of i you to figbt. Leonard George Boor, medical officer of 1 the Nelson Gaol, deposed: On being sent for on the 4th inst, I arrived at the Gaol < about 10 o'clock, and saw prisoner Carter in i Ins cell. He was complaining of great pain i on the right side over the ribs, and had difficulty in breathing. I examined him i carefully and found a large bruise and' great ] tenderness on touching, but the rib was not i broken ; the bruise was about 2J inches long and about 1£ inches broad. He was also i much bruised about the scalp, and the upper i lip was much swollen. The front of the : neck was red and swollen, and the shoulders were also bruised. I saw him again yesterday, and found him doing pretty well. The bruises are severe, but ths injury is not great ; he is in no danger at all. Henry White, the Chief Warden, deposed : On Tuesday evening last I was on duty at the gaol. Between 5 and 6 a knock came to the back gate, and I went to answer it, whilst there I heard a great noise proceeding from the diuing-room, and I ran there aad saw the prisoners Dencker, Thompson, and Hutchinson round Carter, and Thompson was striking at something, and on jumping on the table I saw it was at the prisoner Carter who waa lying on the floor, as soon as they saw me Thompson cleared away and Dencker, almost at the same time I saw him make a kick. Carter then got up and blood was spurting from bis face. I asked these prisoners who had been striking Carter, and Thompson atany rate, and I think the others also said " I don't know." Carter picked up a red shirt. I ordered Carter to go out of the room, and he then said he would tight any of them singlebanded. Thompson then said I'll have a slap at him, and he went into the yard. I prevented Carter going to him. By Deucker : You were standing by Carter when I saw you kick at somethiug. I waa standing on the table, and Carter wa3 not stauding up when I came in at the door. I could not say there were other prisoners than you three near Carter. By Thompson : I have not looked through the window of the officers room into the dining-room and laughed when I have seen Carter striking Mercer, and challenging Hutchinson. Carter has not given iuforma tion about trivial offences of other prisoners to curry favor. All the prisoners have more or less complained of the conduct of Carter and his tyranny as a wardsmen. By Hntchinson: I did not tell Carter I had seen you smoking, but did not wish to report you, as Mr Shallcrass was away. I did not tell Carter that whatever disturbance he causes I would back him up. I cannot sweat that you were within striking distance of Carter when I came in. By the Court: It is part of JCarter's duty as wardsmen to clean the cells. I told him to keep the dining room clean, and if the prisoners would not move away from the ...table to report to me William burke, Warder and overseer at the Gaol, deposed : On Tuesday last, betweon 5 and 6 o'clock, I was coming from the debtors' yard when I heard a knock at the back gate, and Wardeu White went to that door. I then heard a uoise, and White ran back whilst I came along pretty sharp. When I got to the room I saw Carter lying on the floor, Thompson walking away from him, Hutchison a little further away, and Dencker going down the room. I ordered Thompson outside, and asked White if I was to take him to his cell, and he replied Yes. Mr Shp.llcrass then came along. Mr Shallcrass then gave evidence, and William Carter being recalled, their Worsl*ps committed the three prisoners for trfcl.