A ‘friendly quarrel’ ends in a broken leg and a prosecution for assault

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A Drummond Street grocer 

Assault was one of the most common charges to be heard before the Police Courts of nineteenth-century London. Assaults varied however, and the definition in the police handbook allowed for a considerable amount of discretion on the part of the victim, police or the courts. Assault could mean something as minor as a shove or a threat, but it could also involve a real attempt to harm.

Definitions were tightened during the later 1800s and the Offences Against the Person Act (1861) enshrined in law the modern forms of violence that are prosecuted today, such as grievous bodily harm (GBH), actual bodily harm (ABH) and wounding. All of these could be prosecuted at a higher jury court while common assault was routinely dealt with my the magistracy.

A dispute ‘over shillings’ had broken out between Daniel Skelton and Frederick Flint and the pair squared up to each other in Drummond Street. It was about 11 o’clock at night and so perhaps alcohol was involved. Both men divested themselves of their jackets and a so-caleld ‘fair fight’ began.

So far, so good – there was no need for the police or the law to get involved.

‘They had several rounds’ before ‘both men fell’. Flint got up to continue the fight but Skelton was unable to – he had broken his leg in the fall.

The injured man was carried to the nearby University College Hospital while Flint was arrested and taken into custody. The next day Flint was hauled before the magistrate at Marylebone Police Court and charged with the assault.

Flint explained that Skelton was his friend and they had both been ‘the worse for drink’ which had contributed to the squabble. He’d intended no harm however and he’d spoken to Skelton who had accepted that he was as much to blame for his own injury as Flint was. Nevertheless, the court was told that Skelton’s broken leg was serious and he would be laid up for five or six weeks as a result.

If Flint was hoping he would walk away from court without sanction he was to be disappointed. The policeman that arrested him was determined he should face some punishment and told the magistrate that the 25 year-old was not telling the truth and requested a remand until his victim could appear in court to testify. The magistrate agreed but said he was prepared to release Flint if he could find ‘substantial bail’.

[from The Morning Post, Thursday, March 08, 1883]

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