Thomas Kilborn charged with
aiding, abetting and assisting John Kilborn,
in violently assaulting and beating Thomas Loake, of Desborough, on
Monday the 19th April last, whereby his life was in imminent danger.
—John Fenton (Examined by Mr. Phillips), lives at Desborough—On the
Evening of Easter Monday last, he was standing near the George Inn, and
saw Loake come out of the Public House, and John Kilborn, son of the
prisoner, follow him, and knock him down. The prisoner came up before
Loake was knocked down; he said to his son, "two or three more good
blows will do him good, take a good ash plant to him, that would do him
good." When Loake was down, the prisoner sent for his wheelbarrow, and
tried to lift him in; he treated him very roughly; he could not lift him
in, & he was afterwards taken home in a chair.
—Cross-examined—When I gave my evidence on the Inquest, I did not say
the prisoner came up after the deceased was knocked down (on reference
being made to the evidence taken down on the Inquest, it appeared that
Fenton had said that Thos. Kilborn had come up after the deceased had
been knocked down); I saw Loake knocked down; there were a great many
people there, but no one offered him any assistance except the prisoner.
Witness had quarrelled with the prisoner, but did not bear any malice
against him, and did not come up to talk on that subject.
—Richard Swale proved part of the evidence of the last witness.
Cross-examined—I knew the deceased many years; he was much addicted to
drinking, sometimes was beastly drunk; I mentioned before the Coroner
that a person had said to the prisoner "don't handle him like a dead
Sheep." I have not talked over the affair with Mr. Fenton; I have had
nothing to do with him.
—The Counsel for the defendant then rose: He had, he said, heard
nothing which tended to criminate the prisoner. Fenton in his evidence,
had materially contradicted himself, as on the inquest he had stated
that Thos. Kilborn did not come up till after the deceased had been
knocked down. In this case the prisoner might have said those words
imputed to him, and he might have said any other words; but as the
deceased had not been injured after the prisoner had spoke, it was no
assault. But on the contrary, instead of assaulting him, it appeared he
had rendered him every service in his power; there were a number of
persons standing round, but no one offered to lift the deceased from the
ground but the prisoner. Was it therefore to be conceived that he was
guilty of any crime,—that he could wish to hurt the man when he was the
only person who had humanely attempted to assist, and get him conveyed
home? He did not doubt but that after the Jury had considered these
points, they would at once discharge the prisoner.
—Verdict—Not Guilty.
Northampton Mercury, Saturday 31 July 1824