The Express.
London, England, 1866-04-23 00:00:00

MARYLEBONE.

Mr. Thomas de Mrschin, 5, Fig-tree-court, Temple, bar-
rister, was charged with committing an assault on Police-
constable Michael Flannigan, 229 S.
Mr. Pain, 163, Marylebone-road, solicitor, appeared for
the officer ; and Mr. Loxton, superintendent of the S di-
vision, watched the case on behalf of the commissioners of
police.
The case was first before the court on Thursday, when
at the prisoner's request Mr. Arnold, who was then sitting,
adjourned the hearing upon two grounds—the first being
that the prisoner had to attend a committee meeting of
the House of Commons, and the second that he wanted a
summons against the officer for assaulting him. Both
cases were now heard together before Mr. Mansfield.
Michael Flannigan, 229 S, said—About half-past 3 in
the morning I was in Stanhope-terrace, Regent's-park, and
saw the prisoner there. I was looking to see that the doors
and windows were all secure, when he came up and said,
" Get out of the way, fellow." Those were the first words
that passed. I said, " You are drunk," and he said, "If
you do not get out of the way I will knock you down." I
made him no answer, and he gave me a blow here (pointing
to his left check, on which was a bruise) and ran away. It
was a very violent blow. The swelling has gone down a
bit now. No. 178 caught him as he was running down
Park-village, and we took him to the station-house. I
should call him drunk. Undoubtedly he had been drink-
ing. I did not assault him. I used no violence to take
him to the station-house. He went quietly.
Cross-examined by the prisoner—l was walking on the
left hand side of the road. There are not houses on both
sides where you met me. You met me and said, " Get out
of the way, fellow." I was walking next to the houses
looking to the doors and windows. There is no gate there.
I was not near a gate. I was five or six feet from the
road, and about a foot from the railings, which are six or
seven feet high. I should call it a pallisading.
Prisoner went on for sonic time asking the officer about
the railings, their height, and the number of bricks up,
and what sort of a coping stone it was, till Mr. Mansfield
told the officer not to answer such questions. It was
idiotic. Whatever could the bricks and railings have to
do with the assault?
Prisoner said he was sorry ; but he could assure his
worship it, or they, had a great bearing upon the case.
The cross-examination was then continued, and Flannigan
said—My instructions are at night to walk againstthe wall,
and in daytime to walk near the kerbstone. No. 178
caught you as you were running away. You seized hold
of my wrist and held it like a madman. Why did you
hold my wrist? Because you were a maniac. I did have
hold of you. The other constable did say you would go
quietly. He did ask rue to go on the other side of him.
You told the inspector at the station that I shoved you on
the pavement, which was not true.
Thomas Sudbury, 178 S, stated—l saw the last witness
and the prisoner talking together. I heard prisoner say,
"If you call me that again I will knock you down," and
Flannigan said, " You are." Prisoner then up with his fist,
gave Flannigan a blow, and ran off. I stopped him, and he
said, " I will not run away—l will not run away." I told
him I would take care that he did not. This was at
about half-past 3in the morning. He said he would go
to the station-house, and I told him I should have to take
him. We walked along for a few steps when Flannigan
came up. Prisoner then clung to me, and said, " Protect
me from this man." I said the man (Flannigan) would not
hurt him ; and he said "He will, he will assault Inc."
He seized hold of Flannigan by the wrist, and said, " You
shan't strike me." Flannigan had not made any attempt
to strike him. I said to the prisoner, "If you let the
man's hand go, and coins quietly with use, I will take care
he does not strike you. He tried to get away down the
village, and kept on saving that Flannigan wanted to as-
sault him. When he was got to the station-house he was
charged with assaulting Flannigan, and then locked up.
He had been drinking, but I should not say he was drunk.
In reply to the prisoner witness said, "1 ou did not ask
the inspector to take the charge against Flannigan. When
I first heard you I should say you were a dozen yards from
me. You did say that Flannigan had struck you. It was
after I caught you that you said you would go quietly."
Prisoner—That will do, I don't want to ask you any
more.

William Bendel], police sergeant 33 B.—l was acting
inspector at Albany-street. The prisoner was brought in
at 10 minutes to 4in the morning. Flannigan was quite
sober. Prisoner had been drinking and was very much ex-
cited.
The charge was for assaulting the constable at
Stanhope-terrace. The prisoner said to me, " I should I
like to draw your attention to the constable (Flannigan)
for I believe he is drunk." I went to the constable and
examined him and saw there was a large lump on his
left cheek. I said to the prisoner, " The constable is as
sober as I am, and more sober than you are." I told him
if he bad been quite sober perhaps he would not have
committed the assault. He said,' I own I did strike him,
but what business had the fellow to stand in
my way ? " I asked him how he was standing in his
way, and he said he (Flannigan) was walking up by the
houses, instead of on the kerbstone, which was his place.
I said the footway at Stanhope-terrace was ten or twelve
feet wide, and he might have passed without coming in con-
tact with the officer. I took the charge, and thepriaoner said
he would not be locked up, for he would defy me and all
the magistrates in the world to detain him, as he bad
busimise of importanceat the House of Commons, where he
was bound to be at ten o'clock. He was detained. He was
bailed out at half-past eight. I took him into the
cell, and then he wished for pen, ink, and paper, as be
wished to write immediately to Sir Richard Mayne, sad
also to another person about bail. At a quarter to five I
said to him, " I believe you are a gentleman, and if you
pledge me your word that you will appear before
the magistrate at tea o'clock, then I will take
your own hail." The bail was then written
in the book. and I asked him to sign his name, sad then
he could go home. He said be would not, and that he
would not put his name to anything. He also said if I
wanted him to attend before a magistrate I must gamma
him. I then sailed up Ms. leaten, the supseitteedent,