The Express.
London, England, 1864-12-24 00:00:00

THE POLICE COURTS.

(THIS DAY.)

OLEFtIi EN WELL,
BONYONB AGAIN!!! Tat BZCIITAIT OP A EIIIZPIT SOCINTY.
Mr. James Richard Bay woe summoned before Mr.
D'Eynoourt by the trustees of the lalingtoo Building Trade
Benevolent Society for unlawfully detaining the sum of
584 12a, which he had received when secretary of the
Then investigation occupied the court a very long time,
but the facts may be briefly stated as follow' :—Up to
November the defendant wu the secretary of the society,
when he was removed. The trustees naked him to deliver
up the books and money. He refused, but soon after
gave up the books, and admitted that he woe unable to
pay the money, but would do so when the accounts were
audited. The accounts were gone into, and a balance was I
found against the defendant. The trustees finding that they
could not get the money instituted these proceedings under
the Friendly Society's Act, 18 and 19 Via, sec. 24, cap. 63.
For the defence the defendant's counsel rained
a variety of technical objections, and contended that
the magistrate bad no jurisdiction in the cue, on the
ground that the defendant woe still the secretary
of the society, and that he was willing to give up
the money when the accounts were properly audited ;
also that the trustees had no power to take these proceed-
ings, u they were at the present moment out of offlos, and
that the meeting of members authorising the trustees to
take legal steps against the defendant was illegally cal-
l' vaned and constituted.
Mr. D'Eyncourt overruled the objections, and made an
order for the payment of the money. He would give him
a week to pay it in.
The defendant's counsel said defendant would take the
alternative.

Mr. D'Eyncoart—Well, that is three mouths in the Hosea
of Correction. I will take bail for his appearance here this
day weak.
The defendant not being able to obtain the required
amount of bail was locked up.
ILLRLBOROUCHSTREET.
IXTRAORDENABY CHAU/ 01 WILFUL DAILiGi.
Mr. Mitchell, • builder, of Warwick-road, Pimlico, was
before Mr. Knox, with wilfully breaking a peso
Itligt, a table, and • looking-glean of the value of 21.,
the property of Mr. Bird, • coffiehouse-keeper, of Green.
street, Leiosater-square.
The complainant said—Last evening, about 7 o'cloedr,
the defendant earns to mr house with • female, sad
asked for • bed for himself and wife. He was
told he could have one, and he wee shown into
• room, had a Bre lit, and directly after he aimed • blow
at my wife. I went upstairs, and the deferviant then said,
" Who are you, you bay r I held the defendant for
some time, and he then broke from me, and seized up the
fire toogs, and we bad • ecuffin The defendant then broke
a mahogany table and • looking-glasa, and went downstairs
and broke • large pane of glees in the shop door—the whole
of the damage amounting to 21. The defendant had bees
drinking.
Defendant—Did you not attack me end mak me whether I
bad had enough?
Complainant—No.
_ _ _

Mr. knot—What sort of house do you keep!
Complainant —A respectable house. I have gentlemen
from the country stay with me, and throe left last night in
consequence of the defendant's conduct.
55 C.—On going up I saw the complainant and defendant
struggling together. Complainant said defendant had
smashed his window. It was a large pane of glass. The
defendant had been drinking.
Mr. Knox—Now, defendant, let me hear your story.
Defendant—l was asked by • female to give her • cup of
tea, and she took me into a room where there was • bed. A
fire was then lit by • woman and tie. demanded of me with
the threat that I should not leave till I had paid it. The
complainant was then called up, and ha threw me on the
bed. I stood on my defence, but although struck
several times (the defendant's facie bore marks of punishment)
and kicked, I only stood on the defensive, fearing to strike
the complainant, as I was in his power. I had a st7l:
with the complainant, and in it the table and looking
were broken. I got out of the room after • quantity my
hair was torn off my head, the complainant's wife striking
me as well aa her husband. I have the mark of • kick on
my leg inflicted by the complainant. At last I broke away,
and on getting out of the door the window of it was broken.
I was straggling with the defendant when • constable
came up.
Mr. Knox—l have beard quite enough of this oase. There
is not much doubt what sort of house the complainant
keeps. I shall discharge the defendant, and if the com-
plainant thinks proper he can seek a remedy in another
court. I believe the defendant has been badly treated, and
I will not interfere. I believe the defendant has told the
truth.

The defendant wu then discharged, an attempt at ap•
planes at the conclusion of the magistrate's remarks being
got up, but instantly repressed.