The Express.
London, England, 1863-08-06 00:00:00

MIDDLESEX SESSIONS.

(Before Lb* Amistant4 edge.)

A respectablyelressed perm, o•med Hieks, suriendered
to his hail on • charge of suistiltiog the police, sod cresting
• disturbance is Cremotee•prdene.

From the evidence of the pnios-constable it appeared
that on the occasion of the locuseed Victuallers' fete on the
Ist of July the defendant and a friend were present at
Cremarnis.gardeos ; and about half-put twelve o'clock •
disturbance occurred, when the police interfered. There
were some other persona engaged in the quarrel, and by
direction of Inspector Drake two constables, named Ayres
and Manley, were sent to restore order, if possible. The
two covetable' alleged that the defendant refused
all permission ; and to prevent further annoyance,
steps were taken to eject him and his friend fp Mt
the pones. In effecting this they said they received =ay
violent kicks about their lep and shins from the defendant,
and the result Milts disturbance was that the prisoner was
charged with smolt, and the magistrate sent the cue to be
disputed of at the sessions.

(Before Mr. Justice Wightman.)
BAIT= e. FOSTSII.
Mr. O'Malley, Q.C., sod Mr. Keane were for the plaintiff ;
and Mr. Mills, Q.C., and Mr. Orridge for the defendant.
This was • came tried before • special jury, and excited
• great deal of interest.
The plaintiff is a young woman 29 years of age, and brings
the action against the defendant as administrator to the
estate of his late father, the Rev. Lambert Foster, who
died intestate io March this year. It is inaction of deteoue,
and the articles sought to be recovered are • large quantity
of plate, jewels, furniture. sod china. It appeared from
the evidence that the plaintiff became aoqualnted with
the Ree. Mr. Foster in the year 1812, when she
was in Norwich, aid that in a very short time
en ;ntimacy was formed, and they went together
to London, where they lived in • house in 'Upper
Belgrave.place as man and wife. They remained there till
1816, when, Mr. Foster having purchased Frittoo Hall, in
this county, they removed thence, and were thereat the time
of his decease. During the plaintiff's stay with Mr. Fester
the articles sow claimed by her were, it was alleged, given
by him to her as a provision in case he should die and she
he friendless. It should be mentioned that Mr. Foster was
111 years this young woman's senior ; and Mr. O'Malley, is
his opening speech, dwelt at great length on the cruelty
now shown by the defendant in resisting this claim—this paltry
claim, he mid, for plate valued at LOOOl., jewellery as-
othdi 1,000/., china, and • vast deal of furniture. Proceed-
ing with his address he in glowing terms pictured the young
enature falling a victim to this moo so many yetis her
senior ; her irreproachable conduct whilst Swing this life of
shame with him ; for him leaving mother, &Mara, and •
happy home, to be in her torn left noprovided for,
and, unless the jury by their verdict gam her
this property. en outcast sod • mending »pram
to the defendant and all his family. To prove the
mac Miss Laster appeared in the witriess.box and stated
the circumstances of meeting Mr. Foster, her life with his
is Landon and at Fritton, and produced some small preemie i
from him, in which he styled her his dear wife, he. filie
Mao stated that soon after she got to London she found Mr. I
Foster was a married man, that be and his wife bad Mee
separated since 1825, and that after this it was only at his
earnest solicitation Me was induced to remain with him.
She then went on to say that she first at Mr. Foster is the
cathedral at Norwich, and that every year that day was
celebrates] as their wedding.day, and it was his custom on
those occasions to present her with some valuable article of
jewellery that bad been his wife's, and that he kept posses-
sion of when he 'operated from her. On one occasion a pair
of diamond ear-rings, on another • turquoise bracelet, on
another a pearl mcklarn, and altogether to the value, as she
believed, of 1,0001. As to the plate, she mid be gave her
• peeled list of what vs. in chests is Madam end
Harvey's bank at Norwich. saying it was all her pro-
perty, and if anything happened to him she would know
what to claim. This list was afterwards torn op, because gui
original list was found by Mr. Foster. and given to her in
place of the pencil oils. The china, she said, be pee her
piece by piece, kinder her as be handed each cup and
sewer, plate, sugar basin, or milk pot, saying, "Them
darling, that is for you." The furniture he gave her vMs
they left Upper Belgraveialact, telling her to make a melee-
lion there, sod bring what she pleased. This was the plain- (Advertisement.}-1101hOWAT'll PIMA AND 011T-
tit's case in answer to her examination by Mr. Keane; but Irecer.—Howe itujoymenta as sever be obtained till
on cross .examination by Mr. Mills, Q.C., she said at the health dwells within the house, whatever the person's station or
time she met Mr. Faster she was living some times with her cir"n""eee may 11°11°In'ts remedies, by 11109 porhYllll
bodily
power, secure soundness tbs Wet simple
wants, and at ether times with friends in Norwich, and on and healing
and natural way, by expelling all liopuritlas. Minim all hurtful
beiog premed by Mr. Mills, that she was intimate with accumulations, and Inductee perfect Mules* of action. ba-
yous:lg men in Norwich, and was is the habit of going with rands should give these Inement and effective eimounents •
then, to disreputable houses ; that Mr. Poster was intimate fais trial before they permit themselves to fall Into a chronic
with bar very soon after they met, and that a few months I stet* of 111 health. Both Pills and Ointment may be safely used
war. one who has the misfortune to have Inrtrm uncertain,
alter they came to London they had a quarrel ; that it me , Zed-w b me, serer ,bm;
tee the trotor-
the puddings at dinner—that the thought he interfered ibmaN=ribk medlelents, why% wthssigiag
auk art she rah awv from the beige—(prat I named

For the defence it was contended that the police bad alto-
gether acted under a mistake in taking Mr. Hicks iota cus-
tody, es, instead of being the aggressor, he was in fact trying
to procure the ejectment of another who had been making
himself objectionable to some of the visitors of the gardens.
The police constables having given their evidence,
The Assistant-Judge said he did not think any very vio-
loot amok had been proved.
Mr. Sleigh, counsel for the defendant, rid, although that
was eo, it weed the utmost importance to defendant that
he should take steps to remove the stigma of having Lea
in the custody of the police wi.bout the slightest reason.
His client was a respectable licensed victualler, and if the
evidence of the police was true then most certainly an
assault had been ounimitted ; but be contended that they
had taken the wrong man into custody. It was of the ut-
most importance to the defendant that the evidence of the
police should be thoroughly sifted, because from the be-
gionirig the utmost prejudice had been imported into the
case. He felt that the witnesses he should call would
prove to the satisfaction of the jury that the police had
altogether been mistaken in taking Mr. Hicks into custody.
Mr. Cannon, an auctioneer, carrying on business in
Bloomsbury, aid he was at Crernoree-prdens on the Ist of
July, and about half-past twelve he invited • number of his
friends to the refreshment bar, when a little man, in con-
sequence of his reaching over his shoulder to gee • glass off
the bar, felt himself offended. He challenged wither to
ktat, but he retuned, and • disturbance was the result.
Th. next he saw was the defendant in the custody of the
police. He remonstrated with the timetables, and told them
they had made • mistake, and that they ought to have
takes the little man. The police did not treat Mr. Hicks
very tenderly.
In answer to • question from the Assistant-Judge,
The witness said he was ordered to leave the Urcleus,but
be did not consider he was ejected from them.
George Webb mid he was in the gardens and saw the dis-
turbance. He did not think the defendant was the
eureasor.
In crom-examination the witness said he did not know the
defendant personally, but he bed been pointed out to him
as a fighting man in Jim Mace's circus
George Parkes also mid he was et Crernornegardens on
the evening in question. He thought, as far se he could
form au opinion, that the police were to blame.
The jury found the prisoner Guilty of assaulting the
police in the execution of theirduty.
The Assistant-Judge said be sever sew a case move clearly
Proved, end he could not bet think that it had been inn-
rated in consequence of there being a determination in
some quarters to offer every opposition to the police,
and by the bad advice the prison's had cheese to adopt. Hs
should not, elder the eireneastanem, send him to prim%
but he should inflict on him a hie of 20/., and deo call
upon him to find two respectable sureties to keep the peace
for 12 months.„ _ .

The hoe hoT;iog bees paid, sod bail aceepeed, Shade's's:Lint
was discharged.