The Daily Times.
Liverpool, Merseyside, England, 1860-11-01 00:00:00

GROSS ASSAULT.

A porter, named Win. Patterson, was charged by Mrs.
Huntingdon, of Hanover-street, with having assaulted
her. The complainant said : About ten o'clock last
night the prisoner came into my shop and asked for
some meat and bread. He had a shilling in his hand,
and he asked for six pennyworth, which I gave him.
He was then walking away, when I asked him for
payment, but he refused, and was walking out of the •
door-when I went to stop him. In place of payment,
he gave me a severe blow on the side of the face. A
police-officer, who was passing, said he saw the prisoner
strike complainant, and he was making a second blow
at her when witness caught hold of. him. Mr. Raffles :
Was he drank ? He was, but knew well what he was
doing. The prisoner declined to say anything in answer
to the charge. Mr. Rallies said it was a gross assault,.
and fined the prisoner £3, or three months' imprison-
ment.

Col:eels IS A ~DOG" A "THING."
JPossession a dog that was reasonably supposed to have
sSrneavtrlhl,, ofofCalvrtewsrit gplat:rphlya,ce,fowras
hsauvtlinmgoniend
hisby
been stolen from him. The defendant was described as
"a dog fancier, a boxer, a pedestrian, and ginger beer
maker !" Mr. Cobb appeared for him, and raised an
objection, under the Act of Parliament, namely, that a
"dog" is not " a thine'," according to the statute. His
worship said he would reserve his opinion on that point,
but would go. on With the case. Detective officer Scott
said, that on the 11th Octolrr he went to defendant's
place and saw a dog there, which he took to Colonel
Smyth, who recognised it as one that had been stolen
from him. Mr. Cobb : Where is the dog 310 W ? Scott :
I do not know; I gave it the Colonel Smyth, who said
it was stolen from him. Mr. Cobb: Why, then you
stole the dog, and gave it to Colonel Smyth—you and
he ought to be here in place of my clienkl but I will
make the colonel pay for this. wipt sort of
dog was it ? Scott: I don't know, but I believe
it was a Scotch terrier. Mr. Cobb : Don't you know
it was a King Charles ? I don't know, but Mr 31,Gin-
ness, the bridewell keeper, says a Scotch terrier' is
a King Charles. (Laughter.) Mr. Cobb: Well, where
is the dome'.? Scott : I don't know, .I gave it to Colonel
Smyth. Colonel Smyth said the dog was sent up the ,'
country beyond London. Mr. Cobb : Well, certainly,
this is a very pretty case. I can show by indisputable
evidence that my client has had that dog from the time
it was born up to the time that Scott illegally took it,
(in fact stole it) away and gave it to Colonel Smyth,
and that gentleman sends it up the country to keep it
out of the way. I submit, sir, (to Mr. Raffles) that you
cannot go on with this case unless the dog is produced.
He read the section of the Act bearing on the case in
support of his argument. Mr. Raffles said he agreed
with Mr. Cobb, in the view taken by him of the
law of the case, and would not go on with it except the
dog was forthcoming. Colonel Smyth said he could
produce the dog in afew days. Mr. Cobb said in that
case he was entitled to the costs of the day. He had
the best defence that was ever made to a case in the
present instance. His client had brought two witnesses
from Manchester, and another from a distance, to prove
that the dog was in his possession from the day it was
born, and.he had brought the own brother of the dog a
long way to show that no one could distinguish between
them; he was therefore entitled to his costs of the day.
Mr. Raffles : Certainly I will allow you the costs
of the day Mr. Cobb : And I will bring an action
against Colonel Smyth. Colonel Smyth : And I am
ready to meet any action. Mr. Cobb : And you shall
certainly have it. The case was then adjourned for a
week, Colonel Smyth paying £2 155., the costs of the
day. Soon after, a sort of commotion was raised in the
lobby of the court, and it arose in this way : A man
was there with the "own brother" of the dog, and
Colonel Smyth's servant claimed that animal as the real
dog. After some fun on this point, after what happened
in court, the parties retired with the conviction that
Cesar . and Pompey were. very much alike, but particu-
larly Caesar.

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