The Daily Times.
Liverpool, Merseyside, England, 1860-11-08 00:00:00

ALMOST A FATAL ASSAULT.

John Lunt was brought up on remand on the follow-
ing charge. Mr. Cobb appeared for the prisoner. It
appeared that about three weeks since, the prisoner and
his wife were fighting, when the injured man, Henry
Smith, Went to separate them. The prisoner had 'a
poker in his hand, and strack Smith a violent blow on
the head, inflicting a desperate wound five inches long,
and down to the bone. He has been in the Northern
Hospital since, and now Surgeon Workman, of that
establishment, said the man was much worse ; and
although he did not expect he would die soon, yet he
thought he would become delirious in a day or so,
Under these circumstances the prisoner was remanded,
and a magistrate attended at the hospital to take the
depositions of Smith.

CHARGE OV ASAAULT EV A rouentAN:
Police officer George Taylor, (No. 5) was summoned
by Mrs. Mason, the wife of Mr. Thomas Mason, beer
house keeper, 10, Hampton-street, for having assaulted
her. Mr. Cobb appeared for the complainant, and
stated that cm the 29th October there was a man in
Mr. Mason's house who created a disturbance and Mr.
Mason wanted him to go away, but he would not, and
at last Mr. Mason put him into the street, and a. scuffle
follovied, when both went down.; The officer came up,
and Mr. Mason asked him to assist him, but instead of
doine• so, the officer assaulted him, and took him by.the
neck: tie and throttled him. The wife of Mr. Mason
then came cut to assist her husband, when the officer
struck her on the shoulder, caught her by the
hair of the head, and dragged the hair off her
head, twisted her arm, and otherwise illtreated her.
Mrs. Mason was examined, and proved the case as
opened by Mr. Cobb, and said—The officer caught me by
the arm and twisted it severely. He struck me a violent
blow on the shoulder, and pulled the hair out of my
head. I don't think he was quite sober. There was no
provocation whatever given to him. My husband was
quite sober. Mr. Mason was examined and proved the
same facts. Mr. Cobb: hid you know the policeman
before ? I saw him and another man in the house
bet*een 11 and 12 o'clock about a fortnight ago ; my
wife was at her supper, and they said "Oh, there's to
one here," and then the defendant asked the other officer
"are_ you able to stand any ale ?" then they went out.
Mr. Cobb; Then they wanted beer, but got none? SO
it seems. Alice Rosker, who lives in the street. said—l
saw the policeman hold Mr. Ifason by the throat until
he was quite black in the face. I saw him strike Mrs.
Mason on the face and pull her by the hair. Esther
Carter proved the same facts. The defendant said Mr.
MaSon was fighting with a man in the street, and when
he came up to separate them he was assaulted by Mason,
who was drunk. He was also assaulted by Mrs. 'Mason,
who was drunk. also. He reported the ease next morn-
ing, aiid laid inforniations against both Mr. and Mrs.
Mason for being drunk and assaulting him. Mrs. Mason
tore his whistle away, and he did not get it since:
James Munroe, 474, was called for the defence, and
said—No. 5 told me he was assaulted by some one whom
he did not know, who had gone into Mason's. We
Went into the house and found Mr. and Mrs. Mason
the worse of liquor, and much excited against the officer.
He was going to take them into custody for having
assaulted him, but I advised him as they were house-
keepers to summon them. Mason was decidedly drunk.
A woman, named Jane Williams, was also produced for
the defence, and she contradicted what was sworn to by
the first witnesses. Mr. Cobb cross-examined the wit-
nesses, when Mr. Raffles said his impression was, from
the evidence, that the officer was not to blame. Ile
dismissed the complaint.
CHARGE UNDER THE MERCHANT SHIPPING ACT.
Mr. Tyndall appeared to prosecute a man named
Joseph Formby, under the 203rd sect. of the Merchant
Shipping Act, for having made a false declaration with
the view of obtaining the goods of a deceased seaman.
The prisoner pleaded guilty, and then Mr. Tyndall said
he would use him as a witness against one James Wil-
son, under the following circumstances. Mr. Tyndall
stated the case, from which it appeared that in Novem-
ber. 1859, a sailor named Cherry, sailed in a ship called
the Lady Clarendon. for Calcutta. He had lodged with
Formby, and the latter got his advance note, which was
paid by Messrs. Houghton & Smith. Cherry died at
Calcutta in March last, and under the 201st section of
the act, Formby applied to the Board of Trade for the
effects and wages due to Cherry, alleging that the
deceased owed him £4 on an I 0 U. Aform was sent
from the Board of Trade to be filled up by Formby, and
this he got Wilson to fill up, as well as to write the
I O'r in the name of Cherry, although that man could.
not write. The drawing of the I 0 U, and the filling
up of the document by Wilson, formed the offence under
the act. Formby was examined and proved that Wil-
son had filled up the documents and drew the .I 0 U.
Mr. Murphy, of the Local Marine Board, proved
that Wilson admitted the filling up of the docu-
ments was in his handwriting, but denied he had
written the I 0 U. This was admitted by the de-
fendant, who said Formby had a spite towards him
about a sailor that he took, from his house. The
clefe.ndant called Mr. Williams, late of the Sailor's
Home, who said that Formby showed him the
about eight' or ten weeks ago, but did not say who
wrote it. Another witness, named Lavery, was called
to disprove the charge, when Mr. Raffles said he could
not convict on the evidence of Formby, and therefore
he most dismiss the case. He thought an indictment
shOuld have been prefered in the case, as there was so
much doubt about it—the man wilt to have the benefit.
of a jury. He dismissed the complaint. Mr. Tyndall
then said he would leave the case of Formby, on his
own plea of guilty, to be dealt with by his worship, but
he would not press for punishment. Mr. Raises said he
would be treating Formby very leniently by sending
him to jail for two months with hard labour, which he
did.

(Before Messrs. SMITIL and CEoPPER•)
ASSAULTING A FEMALE.
Patrick Finnally, of Clement-street, was summoned
by Mary Anne Johnston for having assaulted her. Mr.
Cobb appeared for the complainant, and from his state-
ment and the evidence, it appeared that on the night of
the 11th October the complainant was passing defendant's
door, when he demanded some explanation of a " diffi-,
culty " that had taken place in the morning with her
and his wife, when he struck her and knocked her down,
injuring her so much that she was not able to go out for
a fortnight. The case was fully proved, and the defend-
ant was fined £3, or ono month's imprisonment.

YESTERDAY.
(Before Mr. RAFFLES.)
A SOLDIER'S RETURN!
John WArdel, a " bould soger boy," belonging to
the 27th Regiment, charged an old woman, named Mary
Flanagan, with having stolen his watch and £l4 from
him. The complainant, no doubt, from his weather-
beatex appearance, had seen sieges, and encountered
dangers by flood and field ; but at the same time, his
intellectual exterior would not be taken as an indication
of his being concerned in a pyrotechnic conspiracy to
set the Mersey in ablaze—although he had gone through
as much fire as would entitle, him to be called a Sala-
mander. He appeared to be half "muddled," and said,
—I came into this town on the first of October, and
was robbed-of my watch and £l4 in that Nvinan's
house, in St. Martin-street. She got my watch and
gave it back to me next day. Mr. Raffies—What abaut
the £l4 ? Her daughter took that from me. Mr.
Raffles—But why charge the old woman for that ?
Because the daughter robbed me of my £l4. Detective
Cozens said the facts were, that on the Ist of October,
the prosecutor and his brother came to town, and went'
to the house of the prisoner in a state of utter intoxi-
cation, where they, with the old woman's daughter and:
others, continued to drink all night. In the morning,
the prisoner's daughter went away, and has not been
seen since. The old woman got the watch, but gave it
to the man in the morning. Mr. Raffles said the woman
had no right to be brought there at all, and discharged
her. The complainant looked " Armstrongs "at every-
one, and then rushed out of court.
EMBEZZLEMENT.
David Morrison Clarke, a clerk in the employment of
Messrs. Frederick Carne and Co., warehousemen,
Exchange Alley North, was brought up by detective
officer Graham, on a charge of having embezzled certain
sums of money belonging to his employers. This
prisoner is the person who escaped on Monday, in
consequence of officer 850 having politely left him at
the door of the court. He was retaken on Tuesday
night. Graham stated that he arrested the prisoner
on Monday, at eleven o'clock, in Mr. Carne's office; on
the charge, when he begged Mr. Caine not to prosecute,
in consequence of his old mother and family. The
officer got £8 on the person of the prisoner, and £l2 in
his des. Mr. Came stated that the prisoner was
in his employment.some eighteen months or two years,
and came to him with an exceedingly high character
for honesty, and he therefore placed confidence in him.
On Saturday he found that some accounts had been
paid, but not entered in the books, and this raised his
suspicions. The prisoner was not allowed to go out to
receive or collect money, but he received money over
the countet, and it was his duty to pay it over at once
to him. Four or five persons were produced, who
stated that they paid various amounts of money, from
£9 to £l2, to the prisoner at the office, and produced
his receipt for the sums so paid. Mr. Carne said the
amounts were not paid over to him by the prisoner, nor
, accounted for by him. Mr. Raffles said there was
quite enough of evidence to send the prisoner for trial.
The prisoner said there was another person as bad as
he was. Heves sent for trial, bail being refused for
his appearance. Mr. Kehoe said the family of the
prisoner would not suffer much by his absence. He
had two
guineas a week salary, and yet he let his -wife
go out charring to support his family, whilst he spent
his money otherwise than in their support.

IS A "DOG" "A THING." •
James Searle, AC Cartwright-place, Byrom-street, was
summoned by Colonel Smyth, of West Derby, for
having a dog in nis possession that was stolen from
him. Mr. Bremner appeared for the complainant and
Mr. Cobb for the defence. This case was before the
court last Wednesday, and a full report of it appeared
in the Times of Thursday. Mr. Cobb then raised an
objection that a "dog" was not a "thing," but now
Mr. Raffles overruled the objection. Mr. Cobb then
said the Btb and 9th Victoria, commonly called the
" Bishop of Bond-street Act," overruled the local act in
reference to dogs. Mr. Raffles decided this point against
Mr. Cobb. Colonel Smyth was then examined and said,
the dog was stolen about the second week in July ; his
name was " Charley." Ile swore most positively that
the dog now produced was his dog. In cross-examina-
tion Mr. Cobb asked the colonel if his servant had
claimed another dog as his on the last day of hearing?
The gallant colonel, in rather an indignant manner and
with peculiar action, replied : I did not know until I
got it in writing from that man. 'Mr. Cobb : What
man ? Colonel Smith (angrily) : You're the man.
Mr. Cobb : You must recollect sir, that I am as much
a gentleman as you are, and that I am an advocate ins
this court. Mr. Raffles : I will leave the bench, and;
adjourn the case, if these observations are indulged in.
Mr. Cobb : I hope, sir, . you will not allow Colonel
Smyth to use such observations to me. Mr. Raffles :
My observation applies to both gentlemen; to Colonel
Smyth as well as to you. Some seven or eight
witnesses were examined, and all swore the dog

now prOduced belonged to Colonel Smyth. Mr.
Cobb then made a long .speech for the defence, and.
said he would produce another dog like, the one in-
dispute, and no one could distinguish between them.
Here the two dogs were produced, and some said there
'as no difference bet Ween the heads, but that they were
not alike in the legs. Some conversation took place, in
whiCh M. Cobb, Co/orrel Smyth; and others took part,
when on a sudden Mr. Cobb said to Colonel Smyth, I
will not allow you to use .such langtiage to me,
.whicli
you dare not do outside of this court. Mr. Raffles : I

really will not allow this to go onTYwill adjourn this
case sine die if it is not allowed to go on regularly.
Mr. Cobb : He applied the word "bully" to me, and I
will not allow it. I hop, sir, you will not permit him
to use such language to me. Mr. Raffles : I certainly
will not allow such language in this court, and I trust
the case will now proceed with regularity. Mr. Cobb
then called several witnesses to show that the dog did
not belong to Colonel Smyth, and that the defendant
had purchased the dog long before the time that Colonel
Smyth said the animal was stolen. His worship said he
felt satisfied that *the dog was not properly accounted
for by the defendant, and therefore he would fine him
5 and costs. Mr. Cobb : Then I give notice of appeal,
arid let Searle make a demand for the dog, and I will
bring an action against the colonel, Colonel Smyth:
I don't care. Mr. Cobb I will make you care,

(Before Messrs. S R. YErFERY and SMITH.)
.101.1 N CURRIE'S ADZE!.

John Currie, a young man, well dressed, was summoned
h Miss Anna Maria Nash, keeper of a public-house in
lorthumberland,street, Park, for having threatened to
kill her: Mr. Cobb appeared for the complainant, and
she said the defendant Was a cooper, and married her
sister; but she was so badly treated that she (her sister)
had to leave him and seek refuge in her house. On
Sunday morning, the 28th October, the defendant, who
was in liquor, came to the door with an adze in his
hand, and after knocking at the door and creating a
disturbance, she put her head mit of the Window, when
he flourished the adze and swore a horrid oath he would
divide her back-bone open with it and rip her up. Police=
officer 218, who was present, stated that he heard the
defendant use most horrible threats towards Miss Nash.
The complainant said she was in fear of her life from
the.defendant. The defendant was ordered to find two
sureties in £lO each, and himself in £2O, to keep the
peace, or to be imprisoned for two months.