Two Incidents of Assault, One Incident of Battery, One Incident of Property Damage: October 7 1843 - October 10 1843

A Summary of Events

On October 7th 1843 the brothers John and Francis Luckett, aided by two others, were involved in two different reported incidents at the house of Kitty Ann Milstead around 11 o'clock PM. The first to be reported was the assault and battery of Edward Robinson, who reported his account to the Justice of the Peace, Edward Muttingh the next day, on October 8th 1843. Muttingh issued a warrant for the arrest of the brothers. Included in this warrant is a note for Constable John Mayor to insure that Edward Robinson is protected by the police for one year due to his concerns regarding his personal safety, essentially giving Edward Robinson a restraining order against John and Francis Luckett. 

The next day, October 9th 1843, Kitty Ann Milstead reported her account of the night to Justice of the Peace Nathl Bradley, saying that she had been assaulted and her property damaged. Kitty Ann Milstead accused more than just John and Francis Luckett, she also named John Marshall and Barnabas Parsons in her report. Nathl Bradley issued a warrant for the arrest of all four men to Constable Mayor, making note in his warrant that the plaintiff was afraid she would come to future harm. 

It must not have been hard for Constable Mayor to find the Luckett brothers and their accomplices because they were brought before the Justice of the Peace the day after Kitty Ann Milstead made her report and the second warrant was issued. However, the four men brought to court did not include the two other men that Kitty Ann Milstead named. The men brought before the Justice of the Peace were John Luckett, Francis Luckett, John Grinder, and John Johnson. 

It is unclear which incident the men were tried for first given how both trials had the same outcome. In both cases, presided over by Justice of the Peace Edward Muttingh, the same man who issued a warrant for the arrest of John and Francis Luckett in the assault and battery of Edward Robinson, the four men were fined 200 dollars. There were no more punishment, fees, or trials awaiting John Grinder and John Johnson but the same could not be said for John Luckett and Francis Luckett. 

A court date was set for the brothers, the fourth Monday of October, and the Luckets were released on bail, ordered to return for their court date, prohibited from fleeing to avoid the trial and reappearing back in court before the fourth Monday of October, and ordered to keep the peace towards all citizens, but particularly towards Kitty Ann Milstead and Edward Robinson. 

The Major Difference Between the Warrants

While the warrants for theses two cases were issued on different days by different Justices of the Peace, there is one striking difference between their contents. In the warrant for the arrest of John Luckett, Francis Luckett, John Grinder, and John Johnson for assault and property damage, Nathl Bradley makes note of how Kitty Ann Milstead is afraid that future violence and harm will be done to her by the men she is accusing.

In Edward Muttingh's warrant for the arrest of John and Francis Luckett for assault and battery of Edward Robinson, Muttingh does not just make note of how Edward Robinson is afraid that the Lucketts will attack, beat, maim, or kill him, he commands Constable Mayor to keep Edward Robinson protected for one year to make sure no harm befalls him.

Both victims have the same fear of future retaliation from the men they are accusing but only one of them is given protection. It is unclear why Edward Muttingh decided Edward Robinson needed protection and why Nathl Bradley decided Kitty Ann Milstead did not.

The Questions Remaining

  1. Why did Kitty Ann Milstead accuse John Marshall and Barnabas Parsons in addition to the Luckett Brothers while Edward Robinson only accused the Luckett brothers? 
  2. Why were John Grinder and John Johnson brought up on charges with the Luckett brothers and not John Marshall and Barnabas Parsons? What happened to John Marshall and Barnabas Parsons? Who were John Grinder and John Johnson and how were they linked to the events of October 7 1843?
  3. Why wasn't Kitty Ann Milstead granted extra protection when Edward Robinson was when they were both afraid of future retaliation? 

While all these are important questions that as of now there are no definitive answers to, all the answers would be more clear if the most important question was answered: What was the cause of the attacks against Kitty Ann Milstead and Edward Robinson?

Two Incidents of Assault, One Incident of Battery, One Incident of Property Damage: October 7 1843 - October 10 1843