George Feeney was then indicted for the wilful murder of Thomas Barrett.
Mr V. Lee and Mr. Beadon appeared for the prosecution; and Mr. Godson for the defence.
Mr. Lee stated to the jury that on the night of the 25th August, 1839, the prisoner, in company with several other labourers (all Irishmen), were in the Roebuck public-house, at West Bromwich, when two other men (named Dunshee and Norton) applied for admission, between eleven and twelve at night, and upon this being refused, some stones were thrown against the house by Dunshee. The parties inside thereon rushed out in a body, with the prisoner at their head, armed with a poker. Dunshee and Norton ran towards another public-house, called the Nelson, in which Barrett (the deceased), a man named Andrews, and others had been drinking, and from which they were just issuing on their way home. A general row ensued, in the course of which Barrett was struck a blow by some heavy weapon, which killed him on the spot.
As, however, there was no distinct evidence of the peron by whose hand this blow was inflicted, Mr. Lee, with his Lordship’s sanction, abandoned the prosecution, and the prisoner was thereon acquitted.
He was then indicted for having maliciously wounded George Andrews, with intent to murder him, or do him some grievous bodily harm.
This arose out of the same transaction, and evidence was distinctly givenof the prisoner having struck Andrews a violent blow with the poker, by which his skull was fractured, and he was for some time in considerable danger.The prisoner absconded the next day, and was not apprehended till October last, near Chester.
The prisoner received a good character from his master, and the jury found him guilty, with a recommendation to mercy. It appeared that some other parties had been convicted of aiding and abetting him in this outrage, at the spring assizes for this county, 1840.
Mr. Justice Coleridge said, but for the recommendation of the jury, he should have sentenced the prisoner to transportation. After a suitable admonition, he directed him to be imprisoned for 18 months.
Morning Chronicle, 18 March 1841
A rather different account emerges from the Staffordshire Advertiser’s report which features Thomas Norton’s testimony in some detail. The gist of it is that Norton and James Dunshea (sic) went to the Roebuck between 11 and 12 at night. They knocked at the front door, but were not admitted. They then went round to the back and tried to get in there, again to no avail. They were just about to leave when a number of men came out and asked them what they wanted. Norton asked one, Michael Baxter, if they had any ale to give away. Baxter said: ‘Yes, come in and you shall have some and welcome.’ Norton and Dunshea then said that as it was late they’d go home rather than come in. Baxter told them not to be scared so they went in.
It was at this point that bottles and other stuff were thrown at the Roebuck from outside and a gang of men went to out to confront the perpertrators.
‘James Dunshea, a glass maker, remembered the 24th August, on which night he was with the last witness at the door of the Roebuck. He confirmed his statement in its material parts.’
Note: the Roebuck was a beerhouse frequented by Irishmen, the Nelson by English and there appears to have been some ‘rivalry’.