The Express.
London, England, 1862-09-09 00:00:00

WINTMINSTER.

Alfrtd Kaki, • waiter at Cremorne, was charged with
stabbing police-cometable Potter, 174 V, under the follow-
ing circumstanced: :

Complainant said—About 8 o'clock on Saturday night I
was on duty io Cremorne-gardens, when I was called into
the hotel, and Mr. Pearce, the manager, said—" Potter,
you must see this man out, he's drunk, and using abusive
language, sod the company are complaining of him ; you
must see him off the premises ; I've paid him his
and discharged him." After Mr. Pearce left, the priwnacige
waiter, A vory, said. "Now put on your coat, Alfred, and go
away quietly." Prisoner then said, " What! you've
brought a policeman here. If be lays his band upon
me, l'll stab him." After a little persuasion he put on his
coat, went out sod into the ball•room. Thinking myself
called upon to follow him, I called Avenell, 244 V. to my
assistance, and going to the prisoner said, Mr. Pearce has
paid and discharged Jou, why don't you leave the premises?"
He then said, " You'd better not lay a band upon its."
With aornepersussion I got him to leave the hall-room, and
was still persuading him to leave the gardens, when he
said, "If you lay your hand upon me, 1 knife you." He
then turned round and kicked me on the knee. I then
took him into custody, but had not touched him
before. Avenell and I took him by the collar quietly
on each side, when he commenced kicking vio-
-1 lastly, and we had got him • short distance,
when he made • " lob" at my stomach with his
right hand. I brought my hand forward and received the
I blow upon it and immediately found the blood trickling
from it, and that I had been stabbed, upon which I called
out to Avenell, " he's got a knife," and catching hold of his
wrist, one of the bystanders took an open knife from him.
(The knife (produced) was a sharp pointed pen-knife, with
blood upon it.) We got him outside, he still kicking us
violently ; we called Parish, • hackney-carriage atten-
dant, whom he kicked two or three times, once
very seriously, upon which Parish knocked him down
and we held him there till I got assistance. I may
mention that from the time I was called to him first
until he struck me I did not see him put his hand in his
pocket to take out the knife. Although he threatened to
stab me I anticipated that he would do so ; he was
the last person I should have thought capable of doing it,
as during the time he has been there he has been a moat
quiet and inoffensive lad.
Cross-examined by Mr. Smyth—l bled very freely, but
the wound is not very painful now. I considered it my
duty, according to my orders from Mr. Pearce, to see the
prisoner out of the gardens. I treated him with the utmost
kindness end forbearance all through. He did not pro.
miss to go quietly if we let him go. I did not say to him,
"By —, if you don't go I'll break your shins." I had my
truncheon out after he stabbed me, but did not use it. I almost
did, but I was most reluctant to offer him any violence,
having known him so long, although several gentlemen en-
deavoured to persuade me to strike him.
Thomas Avenell. 244 V. and James Parish, hackney car.
Lir nOtttecalledndant4tilll94l;otwteerer wucalgiltiingn wearrohabu:raternfro.mPlotiofh
blood, and on prisoner's kicking him violently, Parish
knocked him down.

A certificate having been let in from Mr. F. Goodrich,
the divisional surgeon, showing the nature d the wounds,
Mr. Smyth made a lengthy address to his warship, ta the
course of which he said it was much to be regretted that
5o serious an offence, in point of law, should have been
committed by a young mac who, according to the
constable's own account, and as he would show
by Mr. Adams (the secretary to Mr. Simpson, the late
proprietor of Cremorne), and a host of witnesses,
was a most quiet sad inoffensive young man. He was
afraid the case had arisen out of over-zealousness on the
part of the police. His client was intoxicated, and after
having some words with Mr. Pearce, that gentleman had
asked Potter to remove him from the hotel, which Potter,
in hie anxiety to do his duty, had no doubt construed into
an order to turn him out of the gardens. Acting under this
impression he bad followed prisoner about. He contended
that the constable bad no right to do this ; prisoner had
thought so too, refused to go away, and be (Mr. Smyth)
understood some violence was used in removing him, and
in the struggle the policeman was accidentally stabbed, a
state of facts supported by Potter's observation that the
young man must have had the knife in his hand before the
timetable came up.
Mr. bayman thought the observations made by the
prisoner clearly showed that he meant to stab the constable,
end whether the policeman had exceeded his duty or
not had nothing to do with the case. His own impieties
was that the prisoner, having been discharged, bed se eight
to remain in the gardens. Under these circumstances he
should *end the case for trial. .

Mr. Smyth remarked that such beiog his worship's de-
termination, he would bring forward no witoesses at pre-
sent. His worship would, however, be supposed, accept
ball tor socused's appearance.
Mr. Daymen remanded the prisoner, in order that the
depositions might be prepared, and accepted two sureties
in . each for his appearance.