The Express.
London, England, 1851-11-26 00:00:00

Mr. Atkinson now mov.i.ll to make the rule

In answer to several questiens from the bench, it ap-
peared that the recogni,auces had not been delivered
Into the Exchequer, tie. court in which the record was, at
Nisi rrius, and that the act of parliament did not give any
directions on the subject. They had been forwarded to
the Clerk of Arraign., in conformity with the usuel
custom.

The court intimab d that they bad no power to interfere
to make the rule absolute, but hinted that the application
should be made at the Old B.dley, where Mr. Buren Parke
would sit to-morrow.

Mr. Baron Alderson—We do not tell you that you :night
not be right in going to the Old Bailor, but we tell you that
you are wrong in coining here. (Laughter.)
eACIS C. CON.. . . .

This was an action for criminal conversation with the
plaintiff's wife, which woo tried before Mr. Justice Eric at
the last Gloucestershire Assizes, when a verdict was found
for the plaintiff, damages 101.
Mr. Cooke having obtained a rule in the course of the
present terni for a new trial on the ground of surprise, and
also upon affidavits impugning the credibility of the plain-
tiff's witnesses,
Mr. Scrjesnt Allen now showed cause against the rule.
It appeared that the plaintiff and the defendant both lived
at Cheltenham, and that the plaintiff, who was about 70
years of age, had married a woman who had bees 'his ser-
vant. The principal evidence as to the adulterous inter-
course which was alleged to have taken place wiis a boy
about 14 years of age, who was a brother of the plaintiff re
wife. Ile stated that on one occasion he had entered the
plaintiff's house, and had seen his sister and the defendant
in such a situation as to leave no doubt of their crimina-
lity. The other evidence in the case was to the effect that
the defendant had been seen to enter the plaintiff's house
very often when Mr. Page was away, and also that he had
M. Page into the Cheltenham Theatre. The
learnedaecrs
eerjeant now contended that the rule should be
discharged, and produced affidavits to contradict the affi-
davits of the defendant, which cyst suspicion upon the boy
who bad given the material evidence in the case. The
learned serjeant also produced affidavits in explanation of
certain circumstances in the case, and denying certain ad-
mission which it was alleged that the plaintiff had made.
The most important admission which the plaintiff denied
was, that he bad suborned the brother of his wife to com-
mit perjury. The learned serjeant likewise produced an
affidavit of a person named Richard Bullock, who swore
that the defendant and the plaintiff's wife had slept to-
gether at a house in London.
Mr. Cooke, having addressed their lordships in support
of the rule,
The Court said the rule for a new trial would be made
absolute, provided the defendant paid all the costa already
incurred within ten days. At the second trial the affidavit of
the plaintiff, denying that ho had suborned Mrs. Page's
brother to commit perjury, was to be read. If, before the
second trial, the defendant sold any of his property, then
the rule would be discharged, and no second trial would
take place.

RAABE V. BALDWIN.

This was a rule, obtained by the plaintiff in puma, to Set
aside the special jury, and to try the muse to-morrow, in its
order, by • common Jury.
Mr. Benin showed came on affidavits, stating that this
wee an action of libel fur an article which appeared sin years
ago. in the Morning Herald newspaper, and he peeeeeded to
satisfy the court that the defendant's steps had been regular
throughout, and that, coasequently, this rule ought to be
discharged with eau. The defendant swore that the spe-
cial jury was sot struck for delay, but that every step had
been tales in dial order, and that he should be ready to go
to trial when the muse was rushed.
Kiss Hoare addireseed the court in support of her rule at
MOOS* length, and with considerable energy, contending that
she was entitled to have the cause taken in its order to-
morrow, it being at the head of the list, if tried at • com-
mas
delay
She also urged that the defendant was guilty
of delay and vexatious opposition to her proceedings, and
exclaimed bitterly against the notion that she MRS to enter-
tain all her witnesses till the special jury days began, and
should have to pay the cuts of this rule.
The mart stated that the rule being answered must be
discharged with costs ; and, as to the question when the
male would be takes, that sent be answered toimorrow at
10, whoa the Chief Bares would make sae, order as the
ere requited, on application made to him.
Flak dieeharged with costs.
TIMASTORSIFT-GIINVRAL O. Tait far. ILATRRRINZ'S
Duct COMPARY.—APPLICATION FOR CIRTAIN WRITS
OP DWurust.
Yr. Pella& moved is this ease for three writs of deli-
, eery toi-00 directed to the Commissioners of Caftans, cal-
-1 Wag upon them to deliver over certain goods belonging to
the company which had been seised sad enured by-t~a
atemeisnozon in their indentures of ap e
object of this application, we understood, w the,
I =laded be charged with the duty which ink*
Application granted.
- ;

:f •_.

. "

r v

arum* at Sun Yams at
r• Worrauffrai—llovaa Duos
eiv.
Bo r Leta C. HIALLT.EICESSIVE DtalaitzleT.—ANOTHita
ColulutTal. FOIL reilaray.
Thi. was a pan-heard ea.-, which commenced on Mon-
day, and ems cow lad d last night. It sires an action to re-
coser damases for an excessive distract, and fur nut ac-
counting for the oserplue.
Derwhere pleaded—let, not guilty; and, 2nd, that there
had hemo no overplay.
The plaintiff was a greengrocer and fruiterer, residing at
No. 53. .41bany-street, Iteirent's Park. and, until the di.-
treint cumplained of, bad been an inspector of weights and
measures in the dietriet of Camilen-town. The defendant
was a publican in Oxford-street, who had been largely en-
CVin budding speculations, and who had, in fact,
ten of the houses in New Oifontetree• The
plaintiff had been his tenant for twenty years, and had
at first paid 801. a year for the tent of his house. Subse-
quently the landlord took some of the back premise., and
the amount was then reduced to 701. This rent was ad-
mitted to have hien regularly paid until 1848, and in that
year the plaintiff was the defendant in an action for false
imprisonment which resulted in a verdict for nntainal I
damages against lam. Ile nail thus his own costs (281.)!*
pay, and his attorney commenced proceedings against URI
for their recovery. Boulter admitted the claim, and a
judge's order was taken for payment by intalments of 51.
per month. Ile swore, however, that he had paid the,
whole amount at once, hut the attorney, Mr. Davis (who
was called for the defendant), distinctly contradicted him,
although he admitted that the instalments had been punt-',
Bully paid. In spite of this suit, Boulter deposed that he
bad regularly pant his rent, and had never fallen •
single quarter in armee ; that he had always paid the
full sum of 172 10.. per quarter at once except on one
occasinn after the Midsummer of 1830. when the defendant,
being short of money, he (plaintiff) had advanced him the
aunt of 102 on account of the )lielnulmas quarter. The re-
maining 71. 10e. he had paid on the 4th of November; and
with respect to the subsequent quarter, the defendant had
given him the following receipt, all written at full length,
and in the defen)ant's own handwriting: "Received of Mr.
Thomas Boulter the sum of seventeen pounds ten shillings,
the amount of one quarter of a year's rent for premises
situated in Allony-street, Itegent'apark, due at Christmas,
one thousand eight hundred and fifty.—George 'leaky."
Shortly after Lady-day, when only one quarter was owing,
Mr. Healey, without the slightest notice, had put in a die-
atraint fur nif. IN., or Ore %miners rent, and had swept off
nearly over thing on the prerMete.. The result had been to
the plaintiff nothing short of complete ruin. The house was
a 10-roomed one, and he had several lodgers, one of
whom, a Mrs. ltuek.tnne, paid him 21. ss. a week ;
and another, a Mr. Vasil, eight shillings. Plaintiff
calculated the cod of his furniture at 1501., and stated that
be had insured it with his stock in trade (which he esti
mated at 2 it.) fur 1102 Plaintiff was not in the habit of
keepia.r more than his moat recent receipts, and explained
his non-ability to produce the last receipt but one (which
would have verified the lean), by pajing that what papers
he had were kept in a desk, which had been ransacked by
the brokers.
Plaintiff wee corroborated by his wife, whose evidence
was not übject.l to by Mr. Ilurnfrey, the point of law being
waived. lle also called two ether witnesses to depose to
having seen the mewl for the Michaelmas quarter.
For the defence, Mr. Ilumfrey called the defendant, who
produced hi. cash-liook and ledger, showing that since 1848
there had scarcely loon a payment of a whole qua ter's
rent at once ; and that after the law suit, plaintiff had
rednafly fill n into arrtar until he owed for five quarters.
Witness utterly denied the story of the loan, and explained
the receipt by baying that he had written " fifty" by mistake
for " forty-nine, ' a mistake which he had actually begun
to commit in his ledger. When witnees called fur the rent
after Lady day 1851 Itoulter said he only owed him a quar-
ter. want.ss asked him whether he meant to he so disho-
nest ea to take advantage of a receipt written in mistake,
and was referred to his (Lleulter'e) attorney. The eon of
the defendant swore that he had received the instalment of
101. in Oxford-street, instead of in Allony.street, as the
plaintiff had deposed. The above are. the main features of
the case, and both the learned counsel who addressed the
jury admitted that there must have been the foulest and
moist 'ticked perjury on the one side or the other.
Mr. Ikeron I'l t in summing up said that the case exhi
bite d a melancholy picture of human nature ; but the ob-
ject of the new law of evidence• was the discovery of truth,
and the examination of hoth the parties was in many cases
unquestionably an excellent mode of arriving at it. The
parsed learns then nealled the plaintiffand defendant; and
they having reiterated the principal statements in which
their evidence conflirted, he yowl:Ova to analyse the entire
case, and the jury, after some deliberation, found a verdict
for the defendant
Mr. Baron Platt then committed the plaintiff to take
his trial at the next se-seisms a' the Cs ntral Criminal Court,
and the prisoner having no buil was re:moved in custody.
- •
COCItT OF ItANKItITICY.—YESTERDAT.
Berens eta 0.11114.10,1111 110LAWY11.
is ME BlKAlatilnitl.

The bankrupt in this case, Francisco Franciscowitz
Brageiotti, described as a merchant, of Bury-court, St.
Mary Ase, and of Manchester, am a member of the firm
of l'astelli and Co., and had conducted the business of that
firm in Manchester. 'this was the first meeting under the
aitpasate petition, fur the proof of debts and choice of
amalgam; but it appearing that the petition bad been
sneezed, under an order of Mr. Commissioner Fine sad
Mr. Commis.' llidroyil, to the proceedings already going
on agaiwd Frisk l'astelli, the proceedings were entirely of
a funnel rh.iracter, the assignees already appointed being
in effect ttw assignees in this ease also. l'roufs to the
amount of 170/. were tendered against the joint estate.
Mr. Nicholson appeared fur the bankrupt, who has sur-
rendered.

CENTRAL CRIMINAL COURT.
OLD COURT.—YEnrsoAT.
Darima TM, SWAM s.
FALSE DECLARATIiEf.
joAn Siosplosi, who was convicted on Monday, was
brought up to receive the judgment of the court.
The lteconlcr said that the prisoner had been convicted
by the jury upon two indictment. fur making a false decla-
ration and obtaining money by false pretences, and he
quite concurred in the verdicts that had been pronounced.
It appeared pretty clear, from the evidence, that he had for
a considerable time been living by hie wits at the expense
of the community, and that he had supported a position of
apparent wealth and respectability by means of fraud and
deception. Under these circumstances he felt called upon
to paAs r.uch a sentence as would be likely to deter him and
ethers from pumuing such courses in future.
The ',filmier was then oestencell to be imprisoned and
kept to hard labour for twelve months.
SREIOUS END or A Juxa.
Naomi (Tart', a good looking young woman, who was
toavieted of felony last session, but whose sentence was
Tasted, was also brought up.
Recorder mid that the offence of which Mee prisoner

had been convicted was of rather • singular character. ;
It appeared that she was in a booth where dancing was
going on. and that she had taken a handkerchief from the
pockets of three different persons. It was contended in her ,
behalf that she bad acted in the way described in joke, and
in two cases the jury gave effect to that defence, and ac-
quitted her, but in the third instance the jury felt them-
wives compelled to find her guilty ; but, upon the facts of
the case, he had thought it right to postpone pawing sen-
tence, in order that some inquiries might be made respect-
ing her. Ile was glad to hear that it turned out that she
had hitherto borne a very good character, and that her
connexions were persons of respectability ; and he wee else
informed by the governor of the gaol and the benevolent
ladies who made it their business to investigate the mess of
the female prisoners confined in Newgate, that her conduct
had been very good since she had been in prison. Taking
into consideration, therefore, all the circumstances of the
ease, and that she had already been a considerable time in
confinement, he felt himself justified in passing • very
lenient sentence, which was that she be imprisoned in
Newgate for the further period of two days, and the effect
of that sentence would be that she would be at once dis-
charged from custody.
AN UNFORTUNATE HOT.
James Ilaabary, 13, whose sentence was also reepited,
was likewise brought up.
The case of this boy was • very unfortunate one. His
mother was dead, and his father, it appeared, bad cohabited
with a oung girl, and there was very little doubt thatches*
parties had induced him to commit the offence of which he
had been convicted, for the purpose of supplying them with
the means of gratifying their habits of intemperanee.
The Recorder having made some feeling remarks upon
the unfortunate position of the poor lad, sentenced him to
be confined in Newgate for seven days; and be intimated
that measures would be taken to provide the prisoner with
some situation when he came out of prison, and that
give him an opportunity of becoming a good member of
society.

IDDLESEX SESSlONS.—Yinzapsy.
baron ag.. Tows. Divvy, Artsawn,
CommasAcir To DillAVD.—Brrrnio.

aospi red with • puma aromsel Hill, sot is eassoly, to ob.
Mats by film preSsamss 1101 alai* Dwyer, the sus of
41. 141., his =sem with Wort to chest bla.thoreof. Mr.
Pony sppersod fmmeurm thsole, prossmotisa, mod Mr. Parts for tit*
-, les shos
primmest.
lessold ia lambs ths ase,
hi be We he lismobt ,sad wss ass ef pri-
• pas ef Psui who waned Missodow of die amour by
1/ Ilamsons of mow was ads * hew eoeauee
hteesi the mahout if ma enteha hay eau boa( ter
is
lodividasi to mho applisMissm far • issa sa4 mbar
is sa ammapll• who brume Ur
ohm, them may
lambi lams dowsed, Imes dielimi ImOwssa dim or
as may I. the meat bind= a s wee*
wig tun out tbat theratriaeratbie Whines%
wadi wee ems et sewed et peeehely slake assesier
=
wash be bat peehned eatiest alter partial, wee a
end the Ira et Msp bedew se wage be urged by Ibwrye
seemed he he laner waft it
Mae as • mom* Indio Ma Est ..eel leaselfblewa ef the drum.
Maass if amosoliess aro to sabot soloomaput plwe but
asteutei Mash with a aches based la many het,
be (Mr. IPeavy) said NO MI MA am law
proforma wavy Isailte tbss be bibs
haider le sew-
a
ameba, wad be beempbt awl Miler wit ea peek
Jena Dwyer, jeresesait. hosed listse wee a
assay loader, as bed aa @MN is 114. Illartia's4wa, sod
Imods4 at Ihmeopeeseet. IWeeiwieb. • area
amid MU sppim4 Oi his Ike • Leo if awl admen* ts
• Mr. Jam% of No. Del
asl
it
am smoky. iltrgli Ma and heft
alai ae m a
bla
_Ot was psieseL)p la manesesse
be vat to Selma AA Ins is the 4th if lisemba

He saw the prisoner at the address given by Rill. and asked
him if bit was the tenant of the house. He replied that ho
was, and that he had beta so fur 14 months ; and witness
asked if he had any of to show the receipts fur Lis
nat. He said he h.d not, and produced four pieces of
gaper, purporting to be receipts, stamped, .mud signed by a
Mi. Ball. He said they were the receipts tor rent he had
pd for that house. He looked at them, and believed
them to be genuine receipts, and was quite satisfied with
the reference. lie showed the prisoner the form
in which his name bad been written by Hill as
a severity, and the prisoner consented to become
necarity for tie repayment of the loan. The prisoner and
Hill went to the office in St. Martin's-lane and signed a
promissory note for the amount. The money was paid to
Hill by the clerk. Hill had absconded; search had been
made for him, but without success. When he went with
an officer to Johnson's house for the purpose of giving him
into custody, he asked to be shown again the receipt,. The
prisoner said his wife had them, and as she was not at home
he weld not show them, but when be sow the policeman
he said he had never shown the receipts at all. He ad-
vanced the money to Hill, believing that the representation
of the prisoner—that be hail lived in the house for 14 months
—was true ; and certainly should not have done so had he
known that he had lived there since Michaelmas last only.;
In cross-examination, the prosecutor said the loan society
consisted of himself only. It was called "The Railway
Loan Office." He had not a betting office at the present
time, but he had had one. It was closed within a very
few hours after the race for the Chester Cup in May
last. At that time there were liabilities upon the office
amounting altogether to 8,0001. He had paid a large sum
off that amount, but he considered these questions quite
irrelevant to the matter before the court. He had not paid
the whole of the money ; he had paid I,BOOL Huss loes on'
the Derby were included in the 8,0001. He did not lime
that sum upon the Chester Cup only. He had 4,8001.
owing to him at the Corner—TattenalFs. Never advertised
for holders of his tickets on the Chester Cup to appear at
Worship-street police court. An advertisement to that
effect was published, but it was a hoax. lie was not there,
sad mild not tell whether the ticket-holden were there.
He kept the office for three years. In the loan business he
had not rejected more than five applications out of one
hundred and seventy. He bad been the loan company
for three months. In 51. loans 41. 14s. was advan' ed, a
year's interest being deducted, and the borrower had to pay
the costs of the inquiries so to the security. In the present
ease there was another security beside the prisoner. It
was a person named Taylor. The prisoner was given into
custody before the first untalment of the loan was due from
Hill. He was given into custody on the Friday evening,
and thefirstiostalment would have been due on the fol-

lowing Monday.
He-examined—The parties who held his tickets had been
quite satisfied with what he had done. He had given them
100 per cent. on the money they had placed in his hands.
James Bull ststed that he was a rent collector, sod lived
at No. 4, Belvidere-place, Cambridge-road, Bethnal-green.
The prisoner lived at No. 3 Prisoner never paid him any
rent—none was due fur he only entered upon possession of
the house at Michaelmas but. Wu confident he had never
given any receipt, and that the prisoner had not lived there
for 14 months.
Police-constahle Brown, 421 K, said he took the prisoner
into custody. When Mr. Dwyer asked him to produce his
receipts, be said be could not, as his wife was out, and she
had them. Did not hear him deny that he had ever shown
receipts to Mr. Dwyer, but he might have done so.
Mr. Payne then addressed the jury. He said the prisoner
had got into his present situation through serving a friend,
who had taken him in, and that he was a man more sinned
against than sinning. The learned counsel then proceeded
to comment in a very strong manner upon the prosecutor,
and the facts which had come out in his cross-examination,
said in reference to betting offices he said they
were the greatest curse that ever held this country,
for to them thousands, nut only of individuals but of fami-
lies, owed their ruin, for men who possessed ample fortunes
had lost every penny, and reduced themselves and those
who were dependant upon them to beggary and ruin, by
only one half-hour's speculation upon the Derby at these
ppeessts of betting office's. The prosecutor bad talked about
having paid 100 per cent. to those who held his tickets;
but, though lie might have paid 101. each to those who had
put M. in his hands, and so on, he no doubt owed them
hundreds; and, of all persons in the world, he was one of
the last who should have preferred a charge of fraud like
the present.
Mr. Turner, in summing up, told the jury that, in his
opinion, the case was tolerably clear if they believed the
prueecutor's evith nee ; and, as far as the evidence went
there appeared nothiug to show that he was a person not to
be credited on his oath.
The jury found the prisoner Guilty.
Mr. Parry said that there were, as the court was aware,
indictments against three other persons tor this same
offence, and against a fourth, named lon, the grand jury
had found a true bill for forgery, and that case would be
sent to the Central Criminal Court for trial. lie did not
know, therefore, s hether the court would at once pus sen-
tence on the prisoner, or defer doing so until the other
parties were tried ; but if the learned chairman thought of
sentencing the prisoner at once he had to say, that from
information the prosecutor had received, there was no
doubt but that the prisoner was one of a number of persons
wbo systematically practised this plunder on loan offices,
sad he was well known to several of those institutions. A

more mischievous system of fraud could not prevail.
Inspector Brennan said he knew the prisoner. For the
last three or four years he bad been the constant associate
of skittle sharpers, and persons who imposed upon the pub-
he by fictitious and plausible stories.
Mr. Payne desired to know why Brennan interfered in
the matter; he had dune so without any solicitation.
Mr. Parry said Brennan was very properly discharging
his duty as a public officer, and he was nut to be censured
for so duing by Mr. Payne.
The inspector said such attacks, if continually made
upon the police, might have the effect of deterring them
from fully perfuming their duty to the public, but would
not as far as he was concerned. .

Mr. Turner sail 13rennan was quite right.
The prisoner was sentenced to six months' imprisonment.
The other CAWS were postponed until next session, ex-
cepting that of lon, which stands remitted to the Central
Criminal Court.

THE POLICE COURTS.
MANSION-HOUSE.

Moen Donnell. Sgtsdrti,eldklieU"l'Carthy, aged 12
rere, were brought before the Lord Mayor, charged with
,
been concerned in working an illicit still.
B. J. limy, an officer of the Excise, said—Between one
and two o'clock yestenlay I went, accompanied by another
°Meer of the Excise, to the house, No. 10. in Harrow-
@Bey. The dour of the house is in an enclosed yard. The
door was open when I gut there, but I saw nobody. I
emelt the steam of wash, and when I got upon the second
',third stair, I heard a girl cry out " run, run." Upon
going up I saw Donnell get out of the room at the window,
sad jump on to the wall. I culled to my brother officer to
sis, him, and I then went into the room from which he
aaged, and found the female child behind the door. I
Mg ea illicit still there in full operation, with spirits run-
=the worm, and about two gallons of spirits and fifty
of molasses wash, together with all the apparatus
wagessary for currying on a private distillery. A constable
mew afterwards brought the male prisoner back to the room.
I examined the lad's hands and clothes, which consisted
only of his shirt and trowsem. The sleeves of his shirt
were tucked up, and his hands and shirt were saturated
with wash. 1 gave him in charge to the constable. The
girl's clothes were also covered with wash. The place is
inwontered by the excise, and the spirit has a duty upon it.
The other excise officer said he saw the male prisoner
bap from the window.
Donnell questioned the witnesses as to his identity, and
stated that he knew nothing about making spirits or
jumping, from a window.
The
Lord Mayor—The ease is perfectly clear. It is evi•
drat that the little girl was concerned in the ofence, not
say bon the condition in which her clothes were but
bum her anxious cry to the male prisoner to " run." It is,
I regret to say, my duty to commit her as well as the male
=r, but I request that she may be taken before the
ho so humanely inquire into the eases of, and ad-
minister relief to, poor unprotected children, and that the
Board of Excise be petitioned to agree to the commutation
of her punishment. It Is deplorable to think that the
defendants must have been engaged in this serious breach
of the law, ho experienced persons who have kept out of
the way to secure themselves, no doubt calculating upon
the lenity of the chief magistrate in such a ease. It is my
duty to tine each of the defendants 301., or to sand them to
prison for three calendar months.
GUILDHALL.

J. Be!lairs, 5, NileTotreet, New Romanced, Islington.
the person who was st►ted to have hem ast imamate of
Millaora, alias Chadwick, who was hciaght before the
court on Monday, in attending patients wader his assumed
name of Dr. Mania, was charged with can the death of
a child by improper treatment, and aloe kr a conspiracy in
siosatinction with the pseudo Dr. Harris is obtaining a sum
of 11. Is. and other stuns.

Mr. Vann, who again appeared as eelielikte for the prose-
cution, said the pe+aamsr had been given Me custody by Dr.
Young on Monday, near this court, after die cthe of Mill-
ie= had beta heard. After that primer had bees taken
into custody a pdics.oMeer had soarobsi his his.. and
Were found • tablet, on which was kaaMAeg lit. Daum
and under that W. Harris, M.D., earges• soinsssomasur, ad-
Viet and vaceinatioegratis; and arambreadlositsmi mars,
some of which had been Mardis" ley Dr. Twos as kis
property, and on • charge of sassling while he bag so •
fanner occasion given the primer lath suisdy. Ha thought
he should produce evidence enlisisth te warrant a work
Mr. Holder, who appeared for the prisoner, objected that
he was charged with an offence not theamitted in the juris-
diction of this court ; but, so it appeared that he was ar-
✓ested ia the City, the ease was prossolog with.
'Mime was thou given of the tablet alluded to having
bass hood at his hoses, sod the basis and papers
was famed a paper Mg .U, awl purgpousing
C tr &
aeknowishpient st the rossige of 111. bun Mr.
iam.
Drissss ea sossoot of Dr. Hann, sat rigged ha. W. Wil-

• psdater, wv bed reads the tablet by Bellanes order
forbid wee paw, mad delivered it to him, proved that
be saw it is hie piodow a few asp see.
The primer woe ass rowertelod. Nod bail refused,
It wee mewl OM lotiwolies bad bees mat to the mo-
on with regard to the both of the and ander the primp
see
bald. treatatest, sad it wee midi) we bowel would be

i!ow-terszirr

RiatarJ dew, • showwwww, midis at 10, Curator-
=Chsasny-Isaa, was Amyl with having violently
Lewis Baer* I7vitae in she exeessios at Ms
*alp

The enenplainant, who was scarcely able to stand from
some injury be received in his spine and pounds in his
head, stated that on the morning of the Mb, about two
o'clock. he was alone in Cursitor-.treat, when a man, he
understood to be the defendant, came -to him

had since uu. . ....11C up to
and without the slightest provocation struck hint a violent
blow on the nose with his clenched fist, which knocked him
down and stunned him. He knew nothing more of the
sireassiasee until he found himself in the King's College
-,hale where his wounds were dressed, and he had nut
aims base able to attend to his duties.
Cieursaseined—He had been in the force three years
sof Me months. On the night before the occurrence,
there was a fire at the corner of Castle-street, Chancery-
lane, and he had something to drink while on duty, but
not so much as to make him drunk, being only half a
pint of porter. The fire was not in Middlesex, but in the
City, and it was part of his duty to attend on such occa-
sions, even in the City. He subsequently had a small glass
of whisky, that had been given to him by Mr. May, in
Holborn-bars, and sfterwards a small glass of ram, on ac-
count of his being wet through. He could positively swear
he was not drunk.
Thomas Duncan, a bootmaker, residing at 10, Chichester-
rents, said he was at the corner of the street, on the morn-
ing referred to, when the defendant, who was slightly in-
toxicated, came to him and said, " I have got a policeman
here, and I'm determined to murder him ; • upon which,
after some hesitation, he went with him to a passage, where
the complainant was lying, and he repeatedly struck him
on the head.
Cross-examined—He could positively swear that the de
himiant did not ask hire to come as a witness that he should
sat get into trouble, and the only reason he went was to
graft an idle curiosity. On seeing him strike the corn
t, be desired that be would not do so, and alter he
acted in such a manner, Mrs. Saunders, the wife of the
landlord, came down stairs and desired he would go for •
policeman, which he did. The complainant seemed stelae*
but not drunk when the defendant seised him by the collie
to awake him.
In answer to the court, witness said that when the aos
fendant first came up to him he said, " I have a policeman
lying in my passage, come and see him," which he at first
enflamed, as he was waiting for his wife, but he subsequently
ousted. When they arrived at the passage the defendant
sad, with an oath," Oct up," and when he did not do so, he
struck him, saying he would murder him.
Mrs. Saunders, the wife of a leather cutter, keeping the
house No. 1, Cursitor-strect, said that between one and two
o'clock her family were awoke by the defendant knocking
at the door, and calling for a light, saying that he had
found a policeman lying in the road, which her husband
procured, and they saw the complainant lying in the
passage. The complainant seemed insensible, but able to
speak a little, and in answer to defendant, who asked him
how he got into such a mess, he said he had been at the fire,
uposwhich her husband hoped be had got all his things right,
and he made no distinct answer. Her husband then re-

turned to bed while the defendant remained in the passage,
within hearing of what was said. He then took up a bag,
said, "What have you got here ?" and the complainant
said, " Pork," upon which the defendant opened the bug,
and when she raid, " Don't eat the young man's supper,"
the complainant said, " Ton may." In abouthslf an hour,
hearing a noise again in the passage, she came down with-
out a light, and found defendant and a man groaning. She
rebuked him for bringing a man in such a condition there,
instead of to the station, and desired the witness Duncan to
fetch a policeman. The light being brought by her hus-
band, the complainant was lying with his head against the
stairs, bleeding from his nose and forehead, which were Ws-
mcdiately washed. On the arrivalof a policeman, he inquired
who had ill-treated him, and the complainant replied,
" The young man" (meaning the defendant, who bad gone
up-stairs). Several policemen being then present,said they
did not know how he could have got so tipsy, and they took
him away, 'trapped down on a stretcher.
Cross-examined—The defendant asked her husband to
allow the complainant to remain in the passage, being afraid
he would get into trouble, until the sergeant passed, and
there was no appearance of any injury being then in-
flicted by the defendant, who acted with great kindness.
The defendant lodged in her house for seven years, sad was
a very humane man; in addition to which, her husband
had known him from boyhood as bearing an excellent
character. There was no complaint made by Duncan when
the policeman arrived, although the defendant had then
gone up stairs to bed.
Mr. Edward Davis, house surgeon at the King's College
Hospital, proved that lac was called on the morning in ques-
tion by the night porter, to attend on a man, and found the
complifinant, who had been brought in on a stretcher,
covered with blood, tram wounds inflicted on his head and
face, which he stitched up. He appeared stunned, and wit-
ness considered it was from the blows he had received, in
consequence of which he put no questions to him re-
specting anything he might have drank. In three days
after he came again complaining of severe pains in his
back, but he never thought the injuries were serious, and
he would not undertake to say that they were inflicted by
blows, although they might happen from a drunken man
falling upon stairs. Ile had given a certificate that the
complainant was not intoxicated, although he could not
exactly say that he was sober at the time.
Mr. Jardine said that such conduct was very improper,
and he ought to be more cautious in giving from under his
hand, in his professional capacity, a certificate of a fact
totally at variance with what he stated when called upon to
give evidence in a case of such public importance.
Mr. Saunders, alter corroborating his wife's testimony,
said he collected the complainant's gloves and other things,
which he placed in his hat, and he could positively say
that he was drunk. There was no complaint made by
Duncan to the policeman that he had seen him ill.treated.
Mr. Jardine said it was remarkable that the only witness
against the defendant was the young man Duncan, who felt
no compunction when invited by him to go with him to see
him murder a policeman, and to whose evidence a consider-
able deal of incredibility must be attached, particularly after
hearing such violent threats ; he never mentioned the cir-
cumstance to the officers he went to call, and who expressed
opinions reapectiug the complainant's condition, before
they conveyed him away in the manner persons unable to
take care of themselves are conveyed to the station. Such
• person giving such evidence might very properly be in-
dicted for deliberate perjury, were it not that the defendant
had been the worse tor liquor, and as to the absence of the
police in not coming forward to give evidence, he should
refrain from giving any opinion, concluding that the sub-
ject would undergo a further investigation elsewhere ; but
he was surprised that the reports, which should have been
made by the officers concerned to the inspectors then on
duty, were not produced in court.
' Inspector Marsh said he was not made acquainted with
anything connected with the circumstance.
Mr. Jardine considered such conduct was very irregular,
and ordered the defendant to be instantly discharged.

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