Charles Brown, a sergeant of police, proved that he heard the shots fired and the cries for assistance, and said that when he went to the spot he found Robinson lying above the prisoner with a six-chambered revolver in his hand, but it was strapped round the prisoner’s arm. On the prisoner he found a silver flask, a banker’s cheque-book, and a letter-case, which were afterwards identified by Mr. Burness, and a small crowbar.
William Girling, the other policeman, confirmed the testimony of the previous witnesses as to the five shots being fired, and he also said that he heard the prisoner say that he only did it to frighten him. On the prisoner he found an auger, a jemmy, a gimlet, and other housebreaking implements. The prisoner attempted to get away after he had apprehended him, but he hit him with his staff.
Mr. Bonny, an inspector of the R Division, proved that he examined Mr. Burness’s house and found that several places had been broken open with a jemmy.
The prisoner refused to give his name and address, and when he was asked for them, he replied, “Find out.”
Sarah Selina Cooper, servant to Mr. Burness, proved that she found a bullet in the drawing-room on the morning after the occurrence.
Mr. Montagu Williams, on behalf of the prisoner, entreated the jury, in the first place, not to allow any prejudice that might have been created in their minds by what they had read about the number of burglaries that had been committed in this neighbourhood to operate against the prisoner, but to be guided solely by the evidence relating to the particular charge. He said that his case was that the prisoner did not intend to murder the constable, but that all he desired was to get away; and he argued that the facts were of a character that tended to support this view of the case.
The jury, after a very short deliberation, found the prisoner guilty upon the first count of the indictment, which charged him with discharging the revolver at the constable with intent to murder him. The jury, at the same time, desired to express their admiration of the courageous conduct of the constable, and expressed a hope that he would receive some reward for the way in which he had acted. The foreman of the jury handed in a written paper to that effect.
Mr. Justice Hawkins: I am not surprised, gentlemen, that you should have made this representation, for the constable has certainly behaved in a very gallant manner.
Mr. Poland said that probably his lordship would like to hear something of the previous history of the prisoner.
Mr. Justice Hawkins said he should be glad to receive any information that could be given to him respecting the prisoner.