The Northern Daily Times.
Liverpool, Merseyside, England, 1856-03-08 00:00:00

EXTRAORDINARY TRIAL.

CURIOUS CASE OF ASSAULT

ALLEGED CRIM. CON.

Much attention was drawn to the police-court yester-
day, in consequence of a matter which had been set down
for hearing, and the court was crowded to excess by a
most respectable auditory, who seemed very anxious to
hear the details of the case of

THOMAS PING V. WILLIAM PENNINGTON,
which was a charge of assault preferred by the former
against the latter. Mr. Charles Pemberton appeared for
the complainant, and Mr. Campbell for the defendant.
Mr. Pemberton, in opening the case to the presiding
magistrates (Messrs. Harvey and Bolton), said he ap-
peared on the part of Mr. Thomas Pino, the manager of a
steam tug company, who had to complain of Mr. William
Pennington, a master pilot, for an unmanly and gross
assault committed on him. There were two assaults com-
plained of, the first was committed last Thursday week,
in the public-house of Mrs. Cundy, Water-street, and—
Mr. Campbell : I object to this—l object to any state-
ment that does not tend to the case at present before the

court.
Mr. Pemberton : I want to show the court the aggra-
vating circumstances in the case, and, besides, there are
two assaults—that which took place on the day I mention,
and one yesterday, for which the defendant is summoned
for another day. We can take the two cases now if the
parties consent.
It was then agreed to deal with both cases at once, and
Mr. Pemberton went on to state the facts, which will
be collected from the following evidence, and concluded
by asking a committal of the defendant to the sessions.
Mr. Pino being sworn, said: I am the manager of a
steam-tug company. The defendant is a master pilot. I
had him summoned here yesterday for an assault com-
mitted on me last Thursday week, but he did not appear.
I then got another summons for him, and after that I
went to Mrs. Cundy's, in Water-street. I was there also
last Thursday week with Mr. Bell and George Scraggs,
about four in the afternoon, when the defendant and three
or four other pilots came in. He addressed me and said,
" You I have caught you again, and I will have your

life," and he then assaulted me.
Mr. Pemberton: Did he ever assault you before?
Witness : Yes ; on four different occasions I have been
assaulted by him.
Mr. Campbell : I really must object to this ; we have
agreed to try two assaults here, and I will not allow the
complainant to travel out of them.
The witness, in reply to Mr. Pemberton, went on to
say: The defendant gave me a blow in the eye, and
repeated it once more. I never opened my lips to him.
Mr. Bell restrained him from further violence on me. I
obtained a summons for that assault against him. My
eye was black, and I was confined to bed for two days
after from the effects of it ! (Laughter.)
Mr. Campbell : Wonderful effects of a black eye—con-
fined to bed for two days after ? Witness : Yes. (Renewed
laughter.)
In further reply to Mr. Pemberton, the complainant,
said :----I went to Cutt's yesterday, hut did not expect to
find the defendant there. On the Thursday week when
he assaulted me, I went out as quick as I could with my
friends, and when going out of the house, one of the defen-
dant's party struck me a blow on the back of the head.
I went to Madrill's in :James-street, and got a mutton
chop to my eye. (Laughter.) The same party followed
us there, and he came into Madrill's and struck me
again. _

An extraordinary trial has, during the last month, occupied the
Court of Orl -ans. The facts of it were these:—
A Mdlle. Bulnois, who was born in 1772, inherited from her
parents,, who; were large land-owners and manufacturers,
a very great fortune, and she Increased it by her econ')my
and by carrying on for some sears the manufact ries which they
had established. Her education, however, was very imperfec', and
her intelligence by no means great; and she was very supentitious.
Some priests and Sisters of Charity wormed themselves into her con-
fidence, an i, under the guise of reli;ion, gain-d a cmnplete ascend-
ancy over her. In 1818, having retired from bus'ness, she, by their
advice, removed her residence from S .rca•, her native place, in the
dcp lament of the Oise, to Tours, which then p Issesee t the reeuta-
ton of being a very religious town. Shel;xl only two persons Lying
with her—one a Sister of Charity, the other the daughter of a man
named Leveque, who ante I as her steward; but after a year or two
another Sister of Charity installed herself in the house. Shortly
a; rival at Tours she purchased an old convent of the Feni
and thok up her residence in it. She was there cons antlysur-
- ^”d they pleased her greatly by saying mass in
visitor at the Convent of the
at Paris;

after her
has

rounded by priest

Treat horse of Pic
d Father Philibe, t, chapla'n
ssor, with the management

Mr. Pemberton : Did he threaten you ? Witness :
Yes, he makes use of threatening language to me, in
anv place he meets me. Yesterday he came into Curt-
av's, and at once knocked me down without saying a
word ; there were persons with him, and they blockaded
the door, so that I could not get out. He struck me
when I was down, and kicked me very severely. Mr.
Bell interfered for me, and he was assaulted also.
Ultimately I was released from him.
Cross-examined by Mr. Campbell. How long has there
been any unpleasantness existing between you ? Witness :
About three months or so.
Mr. Campbell : Where was the defendant before those
three months ? Witness : I suppose he was at sea. I
had no unpleasantness with him before that.
Mr. Campbell: Before that, you were particular friends?
Witness : Yes, we were friends.
Mr. Campbell : You are sure of that ? Witness I Why,
we were friends.
Mr. Campbell : Did you visit at his house before that?
Witness: Yes, I did; for twelve months.
Mr. Campbell : And drove out with him on several
occasions? Witness: On two occasions I did drive out

with him.
Mr. Campbell: And received his hospitality ? Wit-
ness: Yes, on one occasion.
Mr. Campbell : Can you tell how long he was at sea
before you last saw him ? Witness : I cannot.
Mr. Campbell? Have you slept in his house in his
absence? Witness: I have.
Mr. Campbell: How often, sir ? Wituess: I cannot

Mfr. ;Campbell Why not, sir ? I Witness: I don'

Mr. Campbell (sharply): Can you tell, sir, how often
you slept in his house in his absence ? Witness : I don't

Mr. Campbell : Were you a lodger in the house? Wit
news: I was not a lodger there. _ _ _

Mr. Campbell: And yet you slept there ? Witness : I
did. - - - - - - -

Mr. Campbell : Have you slept five times there in his
absence ? Witness : I don't think I have.
Mr. Campbell : Did you three times ? Witness : It
might be three times—two or three times.
Mr. Campbell then went on to cross-examine the com-
plainant, and he replied as follows to the questions put to
him:—On Thursday week, the first assault was committed
on me at Mrs. Candy's. I was much hurt. My eyes
were black, I had a swelled face, and one or two other
things that way. The defendant did not tell me that I
was not fit for respectable society. He said he would
annoy me whenever he met me. He did not tell me I was
a disgrace to all civilised society.
Mr. Campbell: The defendant kept a shop in Fox-street,
I believe ? Witness : Yes ; he did.
Mr. Campbell : Did you go there in his absence ?

Witness : Yes.
Mr. Campbell : Has he sold up his shop and business ?
Witness : I have heard he has done so.
Mr. Campbell : Was it in that house you slept ? Wit-

ness : Yes, it was.
Mr. Campbell : In what part of it ? Witness : In the
drawing-room on the sofa.
Mr. Campbell: I now, sir, ask you, on your oath, were
you not in the habit of visiting his wife, during that time,
in his absence ?
Mr. Pemberton :Imu t object to this—it kas nothing
to do with the assault.

Philiber

ance with the recommendation
,rs of Charity, and priests who sun
residence in the C,:nvent of Petit Saint
.ei to the priest, who was the representa-
.. nepus. the proprietorship of Les Feu'ilans,
..•.; , hat she had " so'd " the place to him for 40,000 f.,
n reality no such sum was, n r any other, ever paid. Some
, by which she " sold" for:180,000f., to
superior of the Convent t f Picpu•, a
~,e estate at a place called Al ennevllliers, and she acknowledged
.avi ,g received the sum in ques,ion in r ash ; but not one farthing
of it was ever really paid to her. in addition to this, she give or
sold to Leveque, her steward at Sarcns, all the real property she
possessed there; but this man was, to a certain extent, the prete-
nom of the community of Picpus. Differences sub t quently arose
between him and the community as to the manner ie which the
Sarcus property should be divided between them, and these differ-
ences came to the knowledge of Madame Bulnois' family. They
were greatly surprised to learn that she had made any deposition
of her property at 1111 as they knew that she had fallen into a state
of imbe:ility, and as they had supposed that the religious commu-
nity in which she was at Tours would, as her natural protector. have
prevented her from doing anything of the kind. They instituted
inqu ries, and were astoueded to find that she had made away, not
only with the property at Sarcus, but with the esta e at Stefan vil-
liers, and with les Feuillans at Tours. They immediately took
proceedings for having her placed under interdiction, and one of
the law courts. after making inquiries, and subjecting her to inter-
rogatories, declared that she was undoubtedly so imbecile as to be
incapable of managing her own affaxs, and it charged one of her
nephews with the administration of them. This was in January, 1847,
and in Ju1,0848, the poor lady died. Her nephews and nieces,
as h r heirs at law, then; took proceedings before different
courts to obtain the restitution of her real property; and the result
of this was that the Bishop of Chatcedonia was forced to give up to
them the estate of Mennevilliers, the community of Picpus to to store
the convent of Les Peahens, and Leveque near.y all the donations
and purchases which he pretended had been made at Sarcns. But
these restorations were only of the real propery, and her heir. found
th ,t front the time she went to Tours up to her death, the rents of
her houses and lands, the capital she had possessed, a-d the sums
she had received from various sources, hod gone into the hands of
the authorities of the Convent of Le Petit Saint Martin. As well as
they could m Ate out, the total was 628,601 f.—namely, 384,594 f. in
capital and 244.007 f. in rents. They according y demanded the
restoration of that sum, with, in addition, 100,000 f. as damages. To
enforce their demand, they brought an action before the Civil Tri-
b nal of Orleans against the Bishop of Chalcedonia, as superior of
the communi y of Pi-pus, and a ainst Mmes. de Baussais, Johert,
Nemesie, and Coudrin, superiors of the Convent of Petit Saint Mar-
tin during the time Madlle. Bulnois was in it. But the [tribunal
decided that the persons named could not for various technical
reasons be sued as the representatives of the community,
and it dismissed the action. It w. s an appeal against
this decision that the matter was brought before the Im-
perial Court. The representatives of Mdlle. Bulnois, after
contending that the personages in question were responsible for the
Picpus community, adduced a number of facts to prove that their
aged aunt was in such a state of mind as not to be able to disclose of
her property, and th,.t the priests and nuns by whom she was Bur-
rouroed had taken undue advantage a that state to despoil her.
Among other things calculated to slow her imbe-ility, they pro-
duced a letter which she wrote in 1839 to her servants at Menne-
viliiers, announcing that]the Archbishop of Chalet donia was about
to do her the great honour of visiting her chateau there. In this
letter, which was full of bad spelling, she ordere I that •' clean cur-
tain:dogsd ir,turned shoushouldl he put up and the
before il
e ,chairsr
awgenlel
ue. a
dusted,"rri hforthat"the
fear
"the
Mon-
a, WC. at% any
theyshake off fleas, which might incommode him," that
chapelsbould be cleaned, and that in particular no spider
should kneel
part of the archbisho down
should be left of the corners," and that " when Mon_
denied that they adat'd
el to enter his carriave to leave, all the ser-
vantsto receive his blessing." On the
the other defendants, it was vehemently
they had appealed toPtILDeI
woman to get her e exercised unfair influence on the old
9 from her, and it was stated that
to Crestore
of Cessation against the judg.
that Les Feuillatie and Marine-
ments ordering them
vill er• ; a:so that the decision
petty concerned Leveque and not th
respect to the Satcus (pro.
bishop it was further represented
'e
is the spiritual and not the
On the part of the Arch-
bishop
not responsible for
temporal super or
andipu and co
The
ladies it was urged that
ginoniunsel of the defend_
its temporal acts; on the part
odnet,;,,,tehveld.:(7Atr eith bh.
they were not responsible in lawg.
eTuhko
ants, however, delivered a glowing
of the Picpus community. The Court said the had to
deride was, whether or or not , he Archbishop and
of the comntunity were, under (the circumstances, the proper
parties to proceed against; and it decided that they Were.
and
consequently the decision of the tribunal aeclaring the that,
contrary
must be quashed. With regard to the merits of the case, the court
sa d that the facts alleed were such as to call for inquiry, and it
au,hbrised the plaintiffs to produce proof of their allegations.--
Galignani.
_____-----------=----

tike of t

time after she executed dm
the Bishop of Chalcedo iia

Mr. Campbell: Very well; I will not press the question.
(To witness): Were you very much hurt ? Witness : Yes ;
I was very much hurt.

Mr. Campbell: Where? Witness : Look in my mouth,
and you will see. _ .

Mr. Campbell : Excuse me ; but were you hurt in any
other place ? Witness : Yes ; in the face and on the
knee. Mr. Campbell: And can you walk pretty well ?
Witness: Yes ; pretty well.
Jane Cundy, niece to Mr. Cundy, the keeper of a public
house in Water street, was examined by Mr. Pemberton,
and corroborated the statement made about the assault
in that house. In reply to Mr. Jampbell, she said she did
not hear the words " scoundrel," " rascal," or any such

Military bickerings in Rome, and the pot-house quarrels
of the Swiss and Roman soldiers, have been put a stop to
by the authoritative voice of General Farina, Minister of
Arms, who has declared to the officers of the different corps
that if their men cannot live together in peace and harmony
he will send all the regiments into provincial garrisons, and
keep only the French troops in the capital to watch over
the safety of the Supremo Pontiff,

used.
George Bell was produced, and he gave evidence of the
assault also, and when asked if the defendant struck the
complainant on the floor when he was down, he replied
there was some sky-larking of that sort over him on the
floor. (Loud laughter.)
Mr. Campbell : Do you know what is the cause of
difference between these two men
Mr. Pemberton : I object to this—it has nothing to do
with the assault.
Mr. Lynas was examined, and gave general evidence of
the assault, and said he saw defendant strike the com-
plainant on the door, and that he " pitched into him" very
heavily.
Mr. Campbell: Do you know the cause of difference
between these people? I have heard rumours, but I
dont' know whether they are facts or not.
Mr. Campbell : But the defendant beat Pino, at all
events ? Witness : Yes I should fancy he did—he gave
him a pretty good milling.
Mr. Pemberton : Do you think if Mr. Campbell got it,
he would be here to-day ? (Laughter.) Witness : I can't
say that.

Mr. Pemberton : That is our case.
Mr. Campbell addressed the court in mitigation, and
called on the bench for pardon for the feelings of excite-
ment under which an outrageously injured and wronged
man laboured at the time he committed the assault. He
said that in the absence of the defendant the complainant
had succeeded in seducing the affections of his (the
defendant's) wife, and—
Mr. Pemberton : I must object to this. There is another
place for such an observation.
iMr. Campbell: I came here prepared with witnesses to
prove the adultery.
Mr. Pemberton : It will not be heard here—this is a
case of assault.
Mr. Wybergh : The defendant may give evidence of
provocation.
Mr. Campbell: I at once admit the facts.
Mr. Pemberton : Unless the assault is proved to have
taken place at a particular time, there cannot be evi-
dence given of provocation.
Mr. Campbell : I do not appear here to justify the
assault, but to ask that pardon may be extended to the
feelings of an outraged man, who has had his wife seduced

by thg defendant, and-
Mr. Pemberton : I must object to such statements being
made here ; there are places where such can be made.
Mr. Campbell went on to say that in consequence of the
conduct of the complainant, the defendant was obliged to
sell up his house and goods, as he had been robbed of all
that was valuable in the world. The complainant had
violated the sanctity of the defendant's home, and he
deserved to get a good thrashing and be kicked out of all
decent society. His client had lost all that was dear to him
in life, and no wonder that he kicked the fellow who had
robbed him, out of any room in which he met him. How-
ever, he was prepared to say that he would not repeat
this conduct, as another course of proceeding had been
adopted. All he asked was a mitigated penalty under the
circumstances of the case. If the bench wished, he would
call witnesses to prove the adultery.
The Bench said they would not hear the evidence, and
after a short consultation,
Mr. Harvey said
Making full allowance for all the
circumstances of the case they were of opinion that a
penalty of 10s, and costs for the two assaditsi would meet
the ends of justice; but they had alseto observe, if the
defendant was brought there again on a like Wargo, after

g ORT HERN TIMES.-LIVERPOOL, SATURDAY, MARCH 8, 1866.

this caution, he would be more severely dealt with.
Taking everything into account, they thought there was
great aggravation in the case, and therefore, with the
caution given to the defendant, they would only fine him
103 and costs for both asaults.
Mr. Campbell : I have no doubt, whatever, that he will
abide by your caution.
Mr. Pemberton applied to have him bound over to keep
the peace, but the magistrates refused, Mr. Bo'ton saying
" Ile knows the consequence if he is brought before us or
any of the magistrates hereafter for such an offence."
The fine was then paid, and the defendant was dis-
charged. A loud huzza was raised in court as the defen-
dant left, but it was soon suppressed by the officers. The
people then retired from the court.