Published in Windlesora 34
©2018, WLHG
Whilst whistling can be irritating, be careful how you deal with it, you might end up in court like Henry Hobbs, as reported in the Windsor and Eton Express.
On 20th August 1838, employees of Reid and Company, brewers in Windsor, were going about their work; these included Henry Hobbs and Edward Gray.
Gray was whistling as he worked, but Hobbs took exception, demanding to know if Gray wanted ‘a piece of string to tie it up‘. Hobbs was told to mind his own business. Unfortunately, his immediate response was to threaten Gray with violence. Indeed, he set about Gray landing two punches. The first was above one eye, cutting it and causing it to bleed, and the second punch was to the mouth, which knocked Gray to the ground.
In September, both men were in court appearing before presiding magistrate Sir John Chapman, with assistant magistrates Robert Blunt, and Robert Tebbott. Hobbs was charged with assault.
Although Hobbs admitted landing the first blow, he denied that there was a second one. His reason for punching Gray was his concerned that all the time the man whistled, their employers might think that they were slacking. Sticking to his claim that he delivered just one blow and admitting to the one blow, Hobbs denied knocking Gray down. His statement as that Gray had fallen and so he had not knocked him down, This held no sway with Sir John, especially as Gray’s version of events was corroborated by another workman from the brewery.
Sir John Chapman’s view was that if a man is punched and falls down, the conclusion must be that he was knocked down. The newspaper then reports that he asked Hobbs: ‘if there was any arbitrary set of laws by which a man that whistled at work was to have a thump on the head for it?‘
Hobbs’ response was not recorded, but he was fined a total of 24 shillings (14s costs and a 10s fine) and discharged upon payment.
