The Express.
London, England, 1867-06-07 00:00:00

Tlie defendant then left the court, promising never to
offend again. —

SOUTHWARK.
EXTRAORDINARY FRACAS IN THE SURREY THEATRE.

Mr. William Dane, of 8 Albion-street, Hyde-park,
was placed at the bar before Mr. Burcham charged with
attempting to pick the pockets of Richard Vinoent, in the
pit of the Surrey Theatre ; and Cliarlec Malden, described
as a commission agent, 10, Walworth-road, was charged
with assaulting the prosecutor in the same place.
The prosecutor said he was a warrant officer of the West-
minster County-court, and on Wednesday evening, about
9 o'clock, be was in the pit of the Surrey Theatre with
some friends, and while standing near the refreshment
bar Davis came behind him and touched his tail coat
pockets. He turned round and told him not to play tricks
on him, when a woman came between them, and then
Malden came up and they followed him into the refresh-
ment room, when Malden struck him on the face. One of
the officers of the theatre was present, and he gave him
into custody for assaulting him, and afterwards gave Davis
into custody for attempting to pick his pocket.
In cross-examination by defendants witness said he was
perfectly sober at the time, and the officer of the theatre
did not remonstrate with him about his disorderly con-
duct. One of them advised biro to get out of it as soon as
he could, but be told him he could not leave his friends.
In answer to Mr. &tram, he said he did not know
when Davis was given into custody. Witness had upwards
of 301. in his pocket, and that required all his attention.
He did not first charge Mr. Malden with attempting
to pick his pockets.
Edward John North, an officer of the theatre, said he
entered the refreshment-rooms of the pit about 9 o'clock,
when the prosecutor complained of some one attempting
to pick his pockets. The prisoner then entered behind
witness, when the prosecutor pointed and said, " That is
the man." Witness turned round, and then Malden
struck the prosecutor in the face a back-handed slap. He
was given into custody, and at the station-house the pro-
secutor gave Davis into custody for attempting to pick his
pockets.
In cross-examination witness said he did not know which
he pointed at in the refreshment rooms as having picked
his pocket, as his back was turned to the prisoner. The
prosecutor was very much excited but he appeared to be
sober.

Mr. Burcham at this stage of the proceedings observed
that as far as regarded Davis there was not an atom of
evidence to support the charge against him. In fact there
was not the slightest foundation for it, and he must say
that the conduct of the prosecutor was very strange and
unaccountable all the way through. Davis must be dis-
charged.
Mr. James Mowbray, a gentleman of property, said he saw
all that occurred, and he had no doubt the prosecutor was
drunk, as be was very troublesome. There was no attempt
to pick his pocket, and when witness and his friends (the
prisoners) entered the refreshment-room he insulted Mr.
Malden, and said he had attempted to pick his pocket.
Mr. Malden was consequently much amazed at that, and
struck bim a back-handed slap across the face.
Mr. Burcham had no doubt that Mr. Malden was first
charged by the prosecutor with attempting to pick his
pockets, and no doubt that so enraged him that he com-
mitted the assault ,• bat as he had been locked up all
night he should order him to be discharged likewise. He
advised the prosecutor when he went to the theatre
again to take as little money as possible with him.

WANDSWORTH.