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18 MAR
1838: John Usborne was involved in a fight with a Charles Ackhurst outside
the White Horse, Borstal. As a
result Charles Ackhurst died and John Usborne was committed by the Coroner to
The Summer Assizes at Maidstone on Monday 6th August 1838 on a charge of
feloniously killing and slaying Charles Ackhurst. 3rd APR
1838. Report in Rochester, Chatham and Strood Gazette and Weekly Advertiser. "Fatal
Pugilistic Encounter. On Sunday evening, the 18th ult, a party of men,
chiefly labourers in the Gravel Pits, at Borstal, were drinking at the White
Horse there, when some observations were made by a man named Ackhurst to
another named Usbourn, about wearing a cocked up hat. Words ensued, and the parties went outside
to fight. Ackhurst has since died from the injury he received. An inquest was
held on the body on Wednesday, at the Union Workhouse, Chatham, before R.
Hinde, esq, coroner, when the following evidence was adduced. Usbourn and
another man, who was present, of the name of Lane, were in custody. Edward Mepsted, a laborer, examined - On
Sunday week I was in the high road, in front of the White Horse, about eight
o'clock in the evening, it was dark.
I saw Usbourn strike Ackhurst, the deceased fell down from the
violence of the blow - Usbourn went away and left Ackhurst lying in the road,
there were several persons present, only one blow was given to the deceased.
I went a short distance down the road to look for my little boy, and returned
almost immediately and saw the deceased still lying in the road - I was away
from my house about half an hour, several persons were standing round him at
the time. Robert
Gibbs stated that he was at The House when the affray took place. Deceased
and Usbourn were wrangling, and they both went into the road and began to
pull their jackets off, Lane came before the deceased and stripped his frock
off for him. Jack Usbourn then
knocked Ackhurst down with a blow - he hit right forward in his face, and
deceased appeared to fall away. I
said don't do two to one, and Usbourn struck me in the face, and I fell down
on the ground in consequence; I got up and went into the tap-room; I left
Ackhurst on the ground; I came out again soon afterwards with a person and
sat on the bench in front of the house and the deceased was still lying on
the ground, near the fence, I saw no more fighting. Ackhurst stood up in a fighting position to fight; it was a
regular fight. The deceased did not
srike Usbourn; I should have seen if he had; Lane did not strike; Ackhurst
was a little fresh, and I drank with the deceased. Nede Day helped me to put the deceased into a stable, and laid
him on some straw; he did not appear sensible; we could not get anything out
of him; I left, and the deceased remained there till morning; between the
hours of 12 and 1 on Monday morning I saw the deceased again, with some other
men, in the tap room, sitting with his head on the table; while I was sitting
there I lifted his head up, and he spoke, but I could not understand what he
said. I thought he was much hurt; I afterwards |
Sarah
Deane and Ellen Lane were also examined; their depositions were mainly the
same as the preceding witnesses. John
Siburn - I live in the parish of St. Margaret's and am a labourer; on Monday
morning, after the mates had left Mr. Tuff's, where they lodged, they
informed me that a man was bad, lying in the stable; I knew him by sight to
be Charles Ackhurst- I went in doors for a little time, and then returned
again and assisted him in doors, and set him before the fire; we afterwards
borrowed Mr. Tuff's light cart to take him to his lodgings at Wouldham; he
was brought here. Mr. Ely examined - I am a surgeon, and
reside on Rochester Banks; I had a note from the master on the 19th stating
that a person had been brought in from Borstal; it was after five o'clock; I
visited the deceased about six o'clock, he was in bed undressed, I asked what
was the matter, and feared that the deceased had been drunk and been beaten;
I found his breath smelt of having been drinking, I found no wounds on the
body, the eyes were both blackened and closed, those were the only marks of
external violence. His answers were
quite incoherent; the body was very cold, the pulse small and irregular. He died on Tuesday morning, about seven
o'clock, and I have made a post mortem on the body; on examining the head I found
no fracture nor injury of the skull; I discovered on the left side of the
brain a laceration of the anterior lobe. Effusion of blood on the brain was
the cause of death; I think the deceased died from apoplexy. A blow or fall might have caused the effusion. The jury
then retired, and after a short time returned a verdict of "Manslaughter
against John Usbourn", and acqutted John Lane. The man
wept exceedingly at the decision of the jury, and seemed distressed in mind
throughout the whole of the inquiry, which lasted eight hours. Mr.
Edward Wickham voluntarily attended to watch the proceedings on behalf of the
two men in custody who had no friends." Report
in Maidstone Journal 3 APRIL 1838. "On Wednesday last, J.Usborne, a
laboring man, was committed to Maidstone, on a coroner's inquest, before R.
Hinde,Esq, for Manslaughter. It
appeared in evidence that a number of persons were drinking at a pubilc-house
at Borstal, when a quarrel commenced betwenn Usborne and Ackhurst; after some
words Ackhurst struck a blow at Usborne, and hit him on the side, when some
of the company jeered Usborne, and said "why don't you fight him?".
They went into the yard to fight it out, when Usborne hit Ackhurst a blow in
the face and knocked him down. The
man appeared stunned by the fall, and was put into a stable and left there
till the next morning, when as he gradually became worse, he was sent to the
workhouse at Chatham, where he died the next day. Usborne bears an excellent
character." At the
Summer Assizes held at Maidstone on Monday 6th August 1838, the Jury
found John Usborne guilty of Assault
only. To be imprisoned five days in the House of Correction. |