The Express.
London, England, 1866-12-17 00:00:00

MIDDLESEX SESSIONS:

(THIS DAY).

(Before Mr. Paw.)

isa CAPE OF ISE TWO POLICEMEN oOEVIOWIL, 01 MEM
George Davis and Frederick Wootton J'arrii, 00eihnie;,-
of the N division of police, madded last Benno. of
n
maalrititexon Henryrampton, were brought up a
tfor
Mr. Seeley appeared for the prosecution • sag
Palmer for the Meader*. Mr. Supennterident lloj
was also in attendance.
On the defendants being placed at the bar,
Mr. Seeley said in this car he appeared on the pad of
the prosecutor, Mr. Crampton, to pray the judgment
of the oourt againt the two men at the bar, who wem
mambas of the police force. They bad been friend
guilty of a common assault, but he hoped it week
be considered as a very uncommon assault, inasmuch as
the jury had said that they had been guilty of ere--
unnecessary violence, and had broken the prosecutor's MA
with • truncheon, and m the court had the power es
hoped it read be exercised as it had been done a mouth
or two ago in the case of two policemen who had beep
convicted of an assault, who were sentenced to a term of
imprisonment and also fined 201. to go towards the pee.
niary injury the prosecutor sustained. In this case the
prosecutor had not only been deeply injured in pence but
in pocket, and he hoped astheme two men bad been cm.
victed of a violent assault upon him he would be fee.
bunted some of the amount he was out of pocket in us
employment of a solicitor and counsel for two days in
this court during the trial.
Mr. Palmer, whceappeared for the defendants, preened
the following memorial from the inhabitants of Radon
in favour of these men :—" We, the undersigned, inks.
Ware of the district beg to present a memorial to yaw
lordship in favour of the two constables Davis and Jarvis
now awaiting your sentence. We beg to snirmitn
lordship that the N division stationed in our neighbourhood
have won general approbation both as regards their dee.
tiveneu and vigilance. And most of us know and ma
speak to the general good conduct and respeotability of tie
two men who are now before your lordship and who, we
believe, are quite incapable of exceeding their duty !Ices
under circumstances of great provocation." The was
numerously signed.
The Rev. T. Davie Lambe, Rector of West Radom,
gave both these men a very excellent character during e
period of two years.
of
Mr. Superintendent Mott, the N said he bad
known Davis for two years, and in his opiniou a better
°Meer never entered the police force. Jams aloe, was a
very good man. He had been in the force for 14 years,
and during the whole time there was never any complaint
of this kind against him.
ant, said—This
Mr. Payne, in giving judgm case arms
out of a charge originally made by the defendants ageing
the prosecutor for assaulting them in the execution of their
duty as poliee-oonstablen The first indictment that ma
tried was the indictment against Crampton, and din
patient investigrion and the examination of sewed
vitiation for the defence, the jury were unable k
agree and were discharged. On the next dee
both cases were tried together. The iadicreut
against the police-oonetables contained three counts,
one for maliciously cawing grievous bod ewe
to Crampton ; the ascend for inflicting actual body hue ;
and the third for au assault. On this occasion all the par.
ties were examined, and in the result the jury found
Crampton not guilty of the assault in execntien, and the
policemen guilty of a common casault in using unman
nary violence to Crampton. With the effect of this vex.
diet the court has to ded. Police-constables
are often placed in very trying positions, sad may always
rely on the protection of this court, provided they cried
themselves with due temper and ferbearance, lint they
will look in vain for that protection, where, u is the
present ease, they have recourse to unnecessary violence.
Policemen having charge of a prisoner are not justified ia
lining their truncheons in order to save the natives
trouble, or far the purpose of puniabing a prisoner for
making resietance, and are only justified in using then
when no other means are left of protecting flea
rives from injury, and preventing their prisoner's escape.
In the present case I cannot see any noceseity for taking
Crampton out of the house after it had been ascertained
that he really lived there merely on a charge of assault.
The proper °ours:: would have been to obtain a summer,
followed by a warrant if required. There is no doubt upon
the whole case that improper violence was used by the
Police ; but under all the circumstances, oonederiag the die
ferance of opinion amongst the first jury, the cautious and
and limited verdict of the second jury, the preview good
character of the policemen, and the injuries which they
also sustained, I think that the justice of the case will
fairly rad properly be met by a moderate sentence of in.
prisonment, and I have the redaction of being able to ray
that the learned Assistant-Judge azeees with
view. If the jury had found the prisoners guilty epee
either of the more serious counts, I should hats
felt it my duty to pass • severe sentence roa
them, but they declined to do so, though they were pit
separately and plainly before them. I have, therefore,
only for the protection of the public to give namable
effect to the verdict which they have pranounaid, and
therefore the sentence upon you George Davis, and upon
you Frederick Wootton Jarvis, is that you be severally au.
prisoned and kept to hard labour in the House of Cerro
Lion for three calendar months.
The defendants were then removed.