The Express.
London, England, 1852-12-02 00:00:00

THE POLICE COUBTS.

MANSION-HOUSE.

Mr. W. G. Claremont was charged with baying &resulted
Mr. W. Hutchison, ship and insurance broker, of No. 1,
Rieheecourt, Lime-street, under the following circum-
stances :

The complainant, it lo necessary to state, bad been em-
ployed as broker by a person who had been negotiating for
the purchase of a Tempel called the Progreso, for the con-
veyance of passengers to Australia, but who had for some
reason not published thrown up the contract ; and the de-
fendant had paid the sum of 701. to the complainant as
=money for his sister and himself as cabin passengers
yawl, which was after all not to mil for that desti-
nation. Mr. Peachy, of the house of Oliverson, Levis,
and Findley, appeared for the complainant; and Mr.
Clarkson for the defendant.

Mr. Hutchison said—Yesterday afternoon, between two
and three o'clock, upon going to my oosating-house. I
found Mr. Claremont and Mr. Km* (bit benther-in-law)
there. I presumed that Mr. Iffintsmellt IBM for the
return of his and his sister's pomp mosey to Australia,
which he had paid to me. After- be had received my
cheque for 701., he said, " We havosettled oar cash matters,
but there is something else to Met between as." I naked
him what that was, and he " You said, yesterday,
that if I hod sailed en otter you had read my
unjustifiable WA* **it IT an CI letter in that journal
complaining of the treeing* *di* expecting
to by So Progress hell bon a eKed), and you
had • herirovehip in year kW,
_yes would have
hone-whipped en. I have lintmobt a whip with me, in
order that you may wry yew On* into execution, or
may give an apology for what palm said," and he pro-
*need a small switch. I, of sewn refused to make an
I:lZsad Mr. Claremont Oft said, if you do not
ebeeties yes. Time were at the time three or
four sllw is tie Mee. He repeated the threat,
and gm ma to aegis@ him, as the alter-
native, whl I said I could net think of doing in cold
blood. He Oft struck at me twice and slightly touched
my Neehemi with his hand. I acted only on the vs,
and hid INN of him in such a manner asp vented him
blemelf. By that time, • polio man, wham
I bei pordemsly soot for to prevent ayrimdee weer*
ma sites entered, and I gave *a 11114 into
aggla
Cone-y.
esembed by Mr. Clarkson—l ressiket laving sees
Mr. Claremont, two or three days prior, et say office.
Mr. Clarkson—Do you not know that he smiled at your
office on the 19th, 20th, 22nd, 23rd, 21th, 29*, and ?
(Laughter.)
Witness—l do not.
Mr. Clarkson—Did not Mr. Claremont, when he celled oie

Monday, ask for compensation as well as Pe= mum ?
Witness—He did. 1 told him that, as r,
be was not entitled to compensation, and he me be
must einmeit with his friends before he could consent to
tithe Os pause money.
Dim ainiseses—Did you, in speaking of the letter in the
Theilowq that it was a dirty blackguard libel 1
Wllmens—l did not. I said that it was an ungentle-
manly mai unifiable. letter, which I thought might be
=figta aim% lube Libel but I n said ouy it was a scaa-
mr. owns_ id yes Ask it seemapanyiug him to the
itatles-lamkiirehich *aged him with the assaulial
call bias a a and a *mandrel, and re-.
peat thou hcquently in the station-house
aa well as la the il
oinituard,
Witnese—Certainly not. I think uwo west aim I
called him " scum." I did not continue the maa all Maw 1
sire language towards him, nor did I threaten him either In 1
the street or in the station-house with a horsewhipping.
Mr. Clarkson—Did you not say you would give 601. Is
lock him up for the night /
Witness—l did say so ;I wu much excited.
Mr. Clarkson—My client by no mass intends to deny
that he committed the assault, but whoa Or circumstances
are made known, I think it will be mindlead that the cow
plainest and defendant ought to thane plea% fee them
are limits beyond which human forbeareeemmmtet IL::
Claremont, in the belief that ha was sheet to it
one of the numerous victims whose aulliniess have ken al
etc so frequently and vividly iiimatelmlr naturally hit
indignant at the disappointments wlikh ha was tem day
lezperiencing, and naturally adapted ft Mad effective
mode of making his grievance knees. TIM soosequenee
wes, that the complainant used towards him the language
which was of all language the mast isompletely calculated
to provoke to breach of the poems; and what was any man
who adopted such means ot_pereeeells• to expect in re-
turn ? I shall show that Ns.
_Hutchison used all the
abusive words which he so alinaely denies be ever uttered,
and that he used them over NM over &gin.
. Mr. Peaebay called Mr. William Thompson as the next
witness for the prosecution.

The whams esid—l ma • meter Rastas; mad sew
moot the slip Pieper, which was to have token out
entroals. I woe hi Yr. Mashie's's caw at the time the
ostoose lask pins, sad otoeceed what took Paw The

account given by the whams varied very little from that
given by the complaisant. He declared that he did not
hear Mr. Hutchime call Mr. Claremont by any abusive
na;er.ejlegit:aseuirdsor ear vb." _
metals of the Progress, that
is destined to make no progress ?
Witness—l am, and lam vary sorry that we are prevented
fr making say program.
William Osborne, clerk to Mr. Hatchisoa, gave ea-
dense es le the swath, but could not recollect that Mr.
Iluteldess wed say abusive language in eddreseieg Mr.
Clamment. He could not swear that Mr. Claremont had
not Gelled a dozen times at the office, but he had seen Mr.
Claremont and a good many others at the office.
W. Thompson, bookkWper to the complainlnt, was like-
wise pretreat when the affair took place between the com-
, plainest and defendant. He likaree stated that he had
heard no abusive language uttered by Mr. Hutchison. In
his cross-examination by Mr. Clarkson, he said that Mr.
Claremont might have called st the office four or five times.
There was no call-book, but there was a slate on which the
names of theme who called were entered, but the names
were rubbed out every day. (Laughter.)
Mr. Clarkson expressed a hope that it was Mr. reachey's
intention to call the policemaa into whom custody the de-
fendant had been placed, and who would testify as to the
language used by Mr. Hutchison in going to the station-
house, and within its walls.
Mr. Peachey—No. That is our case.
Mr. Clarkson—Then I shall avail myself of the oppor-
tueityof calling him in due time, although in fairness he
ought to be called for the prosecution. It is rather extra-
ordinary that the disinterested officer who conveyed this
Krazttleolleman to the station-house, and who must have
what he ;M:ituage
has not been pranoduwaTinesevideTen toenmsuaerts
an occasion. It is in my power to produce a gentleman of
the bar, the brother-in-law of the defendant, who can de-
tail all this transactions which led to the complaint, and
justify, the conduct of the defendant, who, like a gentle-
man, felt the indignity to which he had been subjected ;
and retaliated, as I am sure every gentleman in the habit of
sitting optic that bench would resent • gross and intole-
rable affront. The 1 which appeared in the Times
had been written under the influence of the suspicion which
repeated disappointments were calculated to en-
gender; but I am of opinion that it would have
been just as well if that letter had not been written
at all. I shall not attempt to grapple with the fact that a
blew was inflicted; but I shall prove that Mr. Hutchison
added to the provocation he had previously given by putting
his fist in the defendant's face. My client invites a strict
inquiry into all the circumstances connected with hie
engagement with the agent to the Progress, and relics
upon the effect of evidence calculated to show the unusually
equivocal character of the testimony by which the charge is
supported.
Mr. Alexander Andrew Knox said—l am a member of
the bar, and reside at No. 4, Paper-buildings, Temple. The
defendant is about 21 years of age and my brother-in-law, and
he sleeps in my chambers every night. Ile came home on
Monday last in a state of great excitement, on account of
treatment which he had received at Mr. Hutchison's office.
I accompanied him on Tuesday to the office of the complain- '
ant, and saw him receive a cheque for the passage money.
After the money transaction was settled, Mr. Cerement
said to Mr. Hutchison, " You said, if you had seen me
on Saturday, after the letter appeared in the Times, that
you would have been tempted to horsewhip me, now use
it," and he held out a switch which he had is his band.
Mr. Hutchison then said, the letter which appeared in the
limes was a scandalous and blackguard libel. 1 did not
bear the complainant my anything about not using the
horsewhip in cold blood. Mr. Claremont said to him,
" You must make me an apology_ for the insult you offered
me yesterday evening." Mr. Hutchison said he would
do no such thing ; and was much excited at the time.
Mr. Clermont then said, "If you do not use
it (the horsewhip or switch) on me, 1 will
on you." Mr. Hutchisoe immediately held his fist
close to Mr. Claremont's hoe, and said I dare you to
do it." Mr. Claremont then raised the stick. I was close
to the parties, and watched them with the most earnest
attention. The first act I observed was the threatened
gesture of the fist, and the menacing language used by Mr.
Hutchison. After Mr. Claremont raised the whip Mr.
Hutchison seised it, and it dropped. The policeman then
came; in. While the scuffle was going on Mr. Hutchison '
called Mr. Claremont a ruffian, and as we were going down
stain used violent language towards him. Mr. Hutchi-
son, as we went along towards the station house, called him
a scoundrel and ruffian, and used the language in which
omnibus cads are accustomed to indulge.
Cross examined by Mr. Peachey-1 supposed that there
would have been no hesitation as to the apology required
of Mr. Hutchison._

Mr. Peachey—You are a harrieter-at•law—Did you eel
that letter before it appeared in the Tuxes?
Witneaa—l did.

Mi.Piaaliei:Did you moist in the composition of it ?
Witness—l did. The inexperience of Claremont ren-
dered my assistance neeeesery.
Mr. Peachey regretted that the letter had been written
to the Editor of the Times.
The Lord Mayor—l wish the case had been stopped after
the examination of the first witness. Ido not think it ne-
' misery to make any remarks upon the case. Mr. Clare-
mont no doubt felt the threat as an insult, and expected an
apology. There Is no doubt as to the assault, and there
is no doubt but there was aggravation in the circumstances
which led to it. It would certainly have been better if the
letter had not been written, and under all the circumstances
I line the defendant a shilling and discharge him.