Captain Budworth

ONGAR PETTY SESSIONS, August 6
Magistrates present: Captain Budworth, chairman, and the Rev. E. J. Reeve

A Serious Charge of Assaulting the Police. — William Flack, of Stanford Rivers, labourer, was brought up in custody charged with having, the 5th August, violently assaulted P.c. Gibbons, 47, with intent to do him grievous bodily harm, at Stanford Rivers. The prisoner, powerfully-built and active man, bore indications of having been recently engaged in a desperate conflict. His clothes were torn and his shirt smeared with blood. One of his arms was apparently disabled, being firmly bandaged, so that he was not able to wear his coat, which was thrown over his shoulders. — It appeared that the constable visited a house in the parish of Stanford Rivers, when the prisoner made a determined resistance. Both men were considerably injured in the affray. The constable was incapacitated from doing his duty, and is not likely to be able to appear for several days. — Mr. Supt. Simpson applied for a remand for a week, he had been supplied with surgeon’s certificate to the effect that the constable had sustained severe contusions about the head and body, which had been apparently inflicted by some heavy instrument. The wounds assumed so severe an aspect that he was not in a fit condition to attend the court, and erysipelas might intervene if the patient were not very careful of himself.

The bench, under the circumstances, intimated that the prisoner would be remanded for a week.

Chelmsford Chronicle 12th August 1881

ONGAR, Aug. 13. Magistrates present, Captain P. J. Budworth, chairman; J. L. Newall, Esq., and the Rev. E. J. Reeve.

The Ferocious Attack on a Police-Constable by a poacher. William Flack, a determined looking and inveterate poacher, about 30 years of age, of Stanford Rivers, was charged on remand from the previous Saturday with having feloniously, with intent to do grievous bodily harm, wounded P.c. Geo. Gibbon, at Stanford Rivers, on the 5th inst. It will be remembered that on the previous Saturday the prisoner was brought up in custody on the above charge, but remanded, owing to the serious state the constable was in through the murderous assault, a surgeon’s certificate describing him as being in a very critical condition. The constable was to-day in attendance, accompanied by Dr. Grattan, his medical adviser. He appeared exceedingly pale, and was evidently very much exhausted in consequence of the fearful injuries he had sustained, his head being enveloped in bandages. The bench ordered him be accommodated with a chair when giving his evidence. The prisoner had his arm still in a sling, having himself been somewhat injured during the conflict, as the officer had compelled in self defence to use his staff pretty vigorously. The affair took place on arresting the prisoner in the house of a man named Benton, also of Stanford Rivers.

The prisoner had been convicted at the Ongar Petty Session on the 30th ult. in the penalty of 40s. and 9s. 6d. costs for trespassing in pursuit of game on the 18th of July on a farm in the occupation of Mr. David Christy, at Stanford Rivers. The case was heard in his absence, as he neglected to appear. The case was clearly proved by David Worskett, who had seen him in company with another man and two dogs committing the offence. In default of paying the fine and costs a warrant had been issued against him and placed in the hands of P.c. Gibbon to execute, with the serious results deposed to in the evidence taken to-day. George Gibbon said: I am a police constable, stationed at Stanford Rivers; about a quarter to nine p.m. on the 5th instant I proceeded to the residence of the prisoner for the purpose of executing the warrant which I now produce; the prisoner was not at home; I then, from information received, went to the house of another man, named George Bentley, about 150 yards distant from prisoner’s house; I knocked at the dour, and some one replied to my demand for admission “Who is there?” I think it was the daughter’s voice; I said that I had heard that Flack was there; I asked them to open the door; the wife, daughter, and three sons were present; I asked if Flack was in the next room; I took a lighted candle and went to search; I saw him beneath the stairs: I said to him, “Flack, I want you;” he walked to the front room and said, “What do you want me for?” I said, “You know what I want you for” I put the candlestick down and when placing my hand in my pocket for the warrant I received on the back of my head, near the left ear, a severe blow with the heavy weapon I now produce (a thick blackthorn stick with large knob); I fell to the ground and was partly struck insensible; I was in the act of rising when he struck another blow on the temple and two or three on the shoulders; I cannot exactly say how many I received; he then ran upstairs I ran into the yard to prevent him escaping through the window; I saw that he had partly removed the window; said, “Come on now,” but he retreated to the room; knowing that David Worskett, gamekeeper to Mr. Christy, was near, in the fields, I shouted to him to come and stand at the window to prevent Flack escaping; I had asked him previously to come down with me; I then took a candle and went upstairs to the room; I met Flack in the middle of the room; he immediately struck my candle out my hand, and he also struck me with the same weapon that I produce, on the head, but I caught the blow partially on my arm; I was not then hurt very much by the blow; I then knocked him down; Mr. Southern, schoolmaster, then came to my assistance, after I had just knocked the prisoner down with my truncheon; with Mr. Southern’s assistance I handcuffed the prisoner, and I became afterwards quite insensible from loss of blood. Mr. Southern obtained a conveyance and accompanied me in it to Stanford Hall; Worskett also accompanied me; the blood from my head “smothered” the prisoner with blood; on the evening of the 5th the prisoner was taken to the police-station; I have been under medical treatment since. By the Bench: I asked George Bentley on entering the house to stop the Prisoner before he went upstairs, but he did not stop him, nor did any of the family offer to assist me in securing the prisoner. (During the latter part of his evidence the prosecutor was very faint, and Dr. Grattan had to consult him as to whether he felt able to proceed with his evidence. He stated that he preferred finishing it.) The constable’s hat was also produced. It was battered in on the top of the crown, and saturated with blood.

D. Worskett deposed: I am keeper to Mr. David Christy; on the 6th of this month I saw Pc Gibbon, and told him him Flack was home, as I knew there was a warrant out for his apprehension; Gibbons said he should apprehend him at once, and he went towards Bentley’s house; heard him then call for assistance; he was standing outside the house, between the door and the window; the officer asked me to watch that the prisoner did not escape through the window; he again tried to come out the window; I told him that if he came out of the window I would knock his head in; he had taken the window out; I saw the prisoner stoop down and pick up something, as Gibbon entered the room to arrest him; saw Mr. Southern enter the room ; the officer was so much exhausted that he could scarcely stand; I then accompanied the prisoner and the policeman to Stanford Hall, and then the latter was taken to the police-station.

Mr. R. Southern said: On the evening of the 5th inst., while taking a walk, I saw P.c. Gibbon and David Worskett going towards Flack’s house; I asked the officer if he was going to apprehend Flack; he replied that he was; I saw the constable go into the house and afterwards saw Worskett near the house; I heard the smashing of glass or cracking of crockery; I then went into the house and upstairs after the officer; saw prisoner strike the candle out of the officer’s hand, and strike him with something on the forehead and the top of the head; Gibbon then knocked him down; I assisted Gibbon in handcuffing the prisoner and in arresting him, Gibbon being evidently exhausted; I took charge of the prisoner and took him outside, asking the keeper David Worskett to assist Gibbon, and we went to Stanford Hall; the prisoner was very violent when we were handcuffing him; his hands were covered with blood as were his wrists also, but the blood trickled from the officer’s head and not from the prisoner. The Chairman, addressing the witness, stated that the bench were of the opinion that the courageous conduct of Mr. Southern rendering such effectual aid to the constable was creditable to him, and most commendable.

Nathan Wilson, of Stanford Rivers, was next examined. He said: I am a labourer; I know the prisoner Flack, and have seen him on several occasions in possession of the stick produced after he came out of gaol for poaching; I have heard him on many occasions threatening Gibbon and Worskett; on the Friday named I met him with the stick produced as I was leaving my work; I said him, “Not gone yet;” He said, “No one man will take me, or we shall have fight for it;” He added, “I will knock Gibbon’s head off if he tries, if I were to hung for it;” I have heard the prisoner as many as three times of an evening state that he would do for Gibbon and Worskett. Mr. Matthew H. Grattan said: I am a physician and surgeon; on the 5th instant I was sent for by Inspector Robinson to attend to Constable Gibbon’s wounds at the police-station; I found he had been bleeding very profusely from an incised wound near the left ear; he also had a contused wound behind the ear; the incised wound doubtless opened one of the small temporal arteries, which was supposed to account for the excessive haemorrhage; he was much exhausted, and he still remains in very weak state from loss of blood; I do not yet think the officer is out of danger; he complained much to-day of violent throbbing of the wounds, and as suppuration had resulted, I should as a medical man advise that the case be again adjourned to ascertain how he may progress.

Chairman, then addressing the prisoner, said he had heard the opinion of the medical gentleman. It might his duty to tell the prisoner that from the evidence adduced there did not appear to be much doubt but that if anything yet more serious happened to the constable the prisoner would be called upon to answer a still more serious charge, and if so there could be hardly a doubt, especially considering his previous character, as to the result of the trial.

The prisoner, who declined stating anything in his defence, was then remanded for week.

From the Chelmsford Chronicle 19th August 1881

AN INADEQUATE SENTENCE

The sentence which the Ongar Bench of Magistrates passed upon William Flack on Saturday seems to be quite out of proportion to the gravity of the offence of which he was convicted. Flack having failed to pay a fine of 40s. and the costs for game trespass, a warrant was issued for his apprehension, the alternative to the fine being two months’ hard labour, and P.c. Gibbon received instructions to execute the warrant.

These facts, standing alone, one would think, should have been sufficient to induce the magistrates to commit Flack for trial, in order that he might receive the full punishment which he had earned; but there were other facts which strengthened the case and showed beyond a doubt that the assault was not only a brutal one, but that it was also premeditated.

Thus, a clear case of wounding, with intent to do grievous bodily harm, was made out, and, especially as Flack was a notoriously bad character and had been convicted of 16 various offences, the sentence of six months’ hard labour, although the most severe the magistrates could pass upon him, appears to be utterly inadequate. The proper course for the bench to have taken would, in our opinion, have been to commit the prisoner for trial and to leave it open for him to be sentenced to what he richly deserves, a term of penal servitude. Perfect justice would thus have been done, and the neighbourhood of Ongar might have been relieved of pest for a considerable time. Justices of the Peace are sometimes charged with acting too harshly towards defendants, but in this case we think the Ongar Bench erred on the side of leniency. Although we cannot concur in the fitness of the sentence, we quite agree with everything the Chairman said regard to the courageous conduct of Gibbon. The Constable acted very properly, and did not use his staff until he was positively compelled to do so. As the Chairman said, he should, in prudence, have taken somebody to assist him arresting such a desperate follow, and it is to be hoped that when the next warrant issue against Flack the constable who may be called upon to execute it will discharge his duly, not with less courage, but with more caution.

From the Chelmsford Chronicle 26th August 1881

CAST:

William Flack, aged 21 years, resided with his father Joshua and brother and sister at Brook Cottages, Stanford Rivers.

Police Constable Noah Gibbons, aged 30 years, lived with his wife and two small children at Clatterford End, Stanford Rivers.

David Worskett, 33 years, gamekeeper, lived at New Hall, Stanford Rivers with his wife and children.

Ralph Southern, 28 years, schoolmaster, lived with his wife and sister at the schoolhouse, Stanford Rivers.

George Bentley. There is no trace of him in the 1881 census at Stanford Rivers.

Magistrates:

Captain Budworth. Resided at Greensted Hall.

Revd. Edward Reeve. Rector of Stondon Massey.

J. L. Newell. Resided at Forest Hall, High Ongar.

Captain Philip John Budworth was born on the 27 December 1817. His father was the Revd. Philip Budworth (died 1861), who was rector of High Laver. He had taken over as rector from his father Revd. Richard Budworth, who had been granted the living from his brother-in-law in 1778, holding it until his death in 1805.

The Budworths had originated from Cheshire, but had previously resided in Middlesex for several generations, and were connected by marriage to the Cleeve family who had acquired Greensted Hall in 1695.

Philip (the son) was educated privately, but then studied at Jesus College, Cambridge, where he graduated in 1839 with a B.A. degree. [M.A. 1843].

From Jesus College he kept terms at the Inner Temple, but was never called to the Bar. In 1840 he stood unsuccessfully as a parliamentary candidate for the Borough of Sandwich. For eight years he travelled in Europe, returning home in about 1848 as a result of the French revolution and the resultant political unrest throughout Europe.

Whilst in England he met and married Blanche Trimmer (born 1820), in 1850 and the couple were to spend a year on their honeymoon travelling through France, Germany and Italy.

On their return the couple lived at the Wilderness, situated in Ongar High Street, before moving to Greensted Hall, which is father had acquired in 1837.

Captain Budworth became a Justice of the Peace in 1850 and was for many years sat as a magistrate for the Ongar Petty Sessional Division. He was High Sheriff for Essex 1878-1879.

He served in ‘G’ Company (Ongar and Epping) 1st Volunteer Battalion Essex Regiment,

Blanche died in 1862 within a few days of giving birth to his first child. He re-married four years later to Annie Emily Thomas (1842-1921), and had four more children.

Although in poor health he remained in public life until his death on the 9 January 1885, aged 67 years. He was buried in Greensted churchyard.

Captain Budworth’s grave in Greensted churchyard

His lasting memorial is of course the Budworth Hall, in High Street, Ongar which was opened in February 1887.

His five children were:

Philip Henry Cresswell Dutton Budworth born 1862 (died 1939)
Richard Thomas Dutton Budworth born 1867 (died
Charles Edward Dutton Budworth born 1869 (died 1921)
David Philip Dutton Budworth born 1871 (died 1941)
Anne Blanche Dutton Budworth born 1873

His son Richard achieved fame playing rugby for England and his biography was covered in our journal ..

Charles Edward was also to lead a distinguished life:

Maj.-Gen. Charles Edward Dutton BUDWORTH

Born on the 3rd October, 1869; he was the third son of Captain Budworth.

He married Winifred, daughter of Sir Patteson Nickalls. Sadly she died in 1914 and there were no children. He married secondly in 1918, Helen, daughter of Major General W. E. Blewitt, of Langley Hill House, King’s Langley, Hertfordshire. They had two sons.

He joined the Royal Artillery in 1889, and served in the South African War 1899 – 1901 (mentioned in despatches); First World War, 1914–17, (mentioned in despatches ten times).

He was formerly Adjutant of the Honourable Artillery Company and Chief Instructor of the Royal Horse and Field School of Gunnery;

M.V.O. in 1903, C.B. in 1916, C.M.G. in 1917. Commander of the Legion of Honour; Croix de Guerre; Order of St Stanislaus

He died on the 15th July 1921, whilst in the post of Inspector General of the Royal Artillery in India. He is buried at Simla cemetary.

There is a memorial to him in Greensted church.

To the west of Chipping Ongar, reached by a walk of about a mile through pleasant meadows, and nestling among clumps of trees, as if it still stood in a forest land, is the curious little antique church of Greensted – St Edmund’s shrine. There is little doubt that this is the identical resting-place of the saint, as the register of the Abbey of St. Edmund says: “his body was likewise entertained at Aungre, where a wooden chapel erected to his memory remains to the present day.” Close by is the Hall, commanding prospects over a rich forestal district. The parish, belonged with Ongar, to Sir Richard Lucy; and subsequently the noble families of Stafford, Bourchier, and others.
The manor, with the remainder of the parish and other property in the neighbourhood, was purchased in the reign of Charles II by Alexander Cleeve, of London, merchant. Subsequently these estates were subdivided between three of the grand-daughters, one of whom marrying the Rev. Richard Budworth during the last [eighteenth] century, carried a proportion of this parish to her husband; the manor and Hall, however, passing successively through the hands of the Rebotier, Redman, and Ord families. In 1837 the trustees of the estate of the Rev. Philip Budworth (son of the above Richard Budworth) re-purchased Greensted Hall with the manor, and with one or two small exceptions, the remainder of the parish.
Greensted Hall is now [1861] the seat of Captain Philip John Budworth, son of the last mentioned, who has lately restored the mansion – a large pile of buildings dating from the reign of Elizabeth, but, owing to successive repairs and alterations, possessing no architectural remains of that epoch. The entrance hall, however, is a noble and spacious one, and contains a fine Scarsellino, brought by Captain Budworth from the Sciana Gallery at Rome, as well as a collection of arms and armour, which was partly made by him in the East. From the Hall, eastwards, a fine avenue of elms, of at least a mile in length, runs through the grounds and adjoining fields into the town of Ongar.