Sunday, 12 November 2017

James Ivall (1832-96), charged with assault

The Surrey Comet dated 27 April 1861 reported the following case which was heard by Hampton Petty Sessions on 22 April 1861. The James Ivall referred to was the second son of David Ivall (1795-1850), a successful coachmaker. An article about James's life is on this blog. He married Sarah Benn in 1856 at Hampton Church. At the time of the incident described, James was one of three business partners running the London coachmaking firm Ivall and Large. He is shown in the 1861 census as a coachmaker master, meaning that he supervised apprentices. James was aged 29 and his wife Sarah was 22. They lived in Thames Street, Hampton with Sarah’s sister Charlotte, aged 34.

Mr James Ivall was charged with assaulting John White, Toll Collector of Hampton Court Bridge.
Mr Cann appeared for defendant.
The statement of complainant was that one evening last week, the two ladies passed through the toll gate without paying toll, and that he ran after them and stopped one of the ladies by catching hold of her dress at the back part and demanded the toll. The ladies said they would pay coming back, but he refused this and then they gave him a shilling to take his toll. Soon after this a gentleman (the defendant) returned with the ladies from the railway, and rushed up to him with his raised fist, shook it in his face, and called him “a beast” saying “how dare you kiss my wife, you scoundrel.” I strenuously denied this, and said I had my own wife to kiss, and did not want kiss his. Defendant was violent and would not listen to reason, threatening to summons me. I solemnly deny I took any liberties with his wife and did not put my arms around her. The accusation was so sudden on me, I scarcely knew what I was doing. It was about half-past nine in the evening.
Cross-examined: I have only taken toll at Hampton Court since January of this year. I have occasionally seen defendant pass over, but I don't recollect the ladies doing so. A solicitor called on me to ask my name so that be might summons me. I can’t say if I took out this summons after the solicitor called on me. I did not touch the lady's chin or shoulder, and said nothing about kissing.
Complainant’s son, a youth, corroborated some portions of his father's testimony.

Mr Cann addressed the bench, complaining that complainant had insulted Mrs Ivall when she passed over to meet her husband, who came regularly by the train from London, and she having told her husband of the treatment, naturally was incensed, but did not strike or in any way intimidate complainant. He certainly called him a “beast." but nothing more.

Miss Elizabeth Benn said she was sister-in-law to defendant and was with Mrs Ivall on the evening in question, going to meet Mr Ivall coming home by the mail train. In passing through toll bar she was first, and said they would pay on returning, as they frequently did before. Afterwards heard a scuffle, and saw complainant with his arms round Mrs Ivall, who said “unhand me, what are you doing ?” He let go with one hand, and with the other took hold of her chin and said “I want my toll.” Mrs Ivall said, then ask properly for it, and not serve me in this manner. She then gave him 1s. We met Mr Ivall and told him what had happened. Mr Ivall, on returning with us, demanded the toll keeper's name, as none was up at the bar. He did not go up to him with his fist or attempt to strike him, but he (defendant) did accuse complainant of insulting his wife, and complainant denied it. A female in the toll house made use of vary bad language, implying we were not respectable people. 
Cross-examined: I swear defendant did not raise his fist. I heard complainant say he had his own wife to kiss.

Mrs Elizabeth Rose was waiting for her sister at Hampton Court Bridge on the evening alluded to and saw what passed, and she stated positively defendant did not strike or raise his fist at complainant, but heard Mr Ivall call him a beast for attempting to kiss his wife, when complainant said in reply, he had something else to kiss, without kissing his (defendant’s) wife. She also heard very abusive language coming from the toll house, in a female voice.
Cross-examined: I have never worked as a dressmaker with Miss Benn. I have known her for some years. I have had no interview with her, except in the presence of Mr Ivall's solicitor.

Mr Cann was about to call more evidence, when the magistrates said it was unnecessary to do so, and immediately dismissed the case, granting a summons against White for assaulting Mrs Ivall, to be heard next sitting; condemning White in the costs of this summons.

The case against John White was considered at Petty Sessions held in May 1861. The same evidence was presented. Mr Gregg, Inspector of Weights and Measures, gave White, who he had known for many years, a good character. The evidence being contradictory, the case was dismissed.

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