The Express.
London, England, 1861-07-05 00:00:00

.61•

They then came back to London, where she stayed at his
lodgings in Suffolk-street a week, awl she unlashed a lot
of furniture. Her aunt took her away, and she had passed
as his niece. She was placed under his care by and with
the full knowledge of Mr family, and he had made her
preeente—one was a baby's silver cup, another was a gold
watch, bracelets, silk dresses, Se., no diamonds; never
offered to make a settlemeut upon her. He hail consulted
• legal friend to ascertain whether her marriage with
M'Gregor was lepl, through a misnomer in the defendant's
name. He gave her a cheque on Coutta' for W. to send to
Teignmouth, but be did not know for what, except it
WAS for a person to whom she ' owed that amount.
(There were a great many questions pat upon this point,
the answers to which were rather evasive, the object of the
learned counsel being to elicit whether it had not been sent
to keep some person quiet, who had sent • letter respecting
something that had taken place at Teignmouth.) He denied
it. When at Dr. Birnie's he paid money, nut to him, but
to Mrs. Birnie, to pay for his lodgings -at the farm, though
he had slept at Dr. Birnie'a house. Nothing improper ever
took place between him awl Mrs. M't;regor. She was under
his are as • friend, with the knowledge of her father and
family.
By Serjeant Ballantine—There was not an atom of
ground for the imputation that there had been anything
improper between him and defendant's wife. He was still
friendly with Colonel Pool, and received a letter from him
two days ago. From the time he was first acquainted with
her to the present moment, there hail been nothing wrong
between them of an improper or indecent character. The
quarrel they had, took place in the presence of Sir E.
Belcher. It was not true that he offered her a settlement.
It was because her husband had left her that, knowing her
and her family, he took an interest in her.
Mr. Sleigh, in addressing the jury, said, if the defendant
bad committed an assault it west case of "serve him right."
The jury considered, and found the defendant Geary of
a cominou assault, " under circumstances of extreme
provocation."
The Assistant-Judge said an assault had been committed
no doubt, and he agreed with the jury in their decision.
The court, however, did not think it a case for punishment,
and the defendant would only be required to enter into his
own recognisance of 1001. to keep the peace for one year,
and to appear for judgment when the court should require
him to do so. . _

The sentence was received with applause in the court,
which, however, was soon suppressed. The defendant
entered into the recognisance, and left with his friends.
Charles Gahriel Alfrrd Barnes, formerly an officer in the
2nd Dragoon Guards (Queen's Bays), of Belie Vue, Notting-
bill, was indicted fur assaulting Mr. Rice, a solicitor, at
Cremorne Gardens, on the night of the Derby-day. He
pleaded guilty of a common assault.
Mr. Sleigh, for the defendant, said his client did not for
a moment wish to contest the charge of assault; on the
contrary, he not only pleaded guilty to it, but was sorry for
what he bad done, and had written a letter of apology to
the prosecutor. It was a letter worthy of a gentleman who
felt that he bad done a wrong act. (It was read.) This
occurred on the Derby night at Cremorne, where the defen-
dant was with some friends, who had been to the races, and
they were not quite so sober then as when they started.
Near the refreshment place there was a cr.wd of persons,
end the prosecutor, who was standing there, had hie pipe
knocked out of his mouth.

The Asaistant,ludge asked if any injury had been done to
the prosecutor.
Mr. Metcalfe, who, with Mr. (bridge, was for the
prosecution, said they must mom for puniAment, as
Mr. Rice had been outrageously treated and injured.
Mr. Sleigh said there woe some jostling going on at the
time, and the pipe wee knocked out of Mr. Rice's mouth.
He told the defendant to pick it up ; be would not. sad
a quarrel took place. The assault was then committed, end
the defeodant given in charge. He had sent a letter of
apology, in which he confessed he had been guilty of an
unwarrantable attack, which he much regretted, being in
liquor at the time, and offered any reasonable amount of
compensation to the prosecutor. He Lad done a wrong, but
bad Woo done all that a gentleman of sense could do under
the circumstances.

Mr. Metcalfe said it was a duty owing to the public that
this case should be dealt with by the court. This was
not an ordinary assault, for the defendant and his friends
went to the gardens on returning from the Derby, with the
determination of creating a disturbance, and their conduct
was such as required checking. it occurred at 11 o'clock
at night, while Mr. Rice was quietly smoking his pipe,
which was knocked out of his mouth by the defendant. Re
asked him to pick it up, but as he would not the prosecutor
fetched a policeman, and then he would not, but said, "As
you want a bot 'un you shall have it," and struck him
• violent blow on the face. The blood flowed profusely,
and the cartilage of the nose was injured, and was not yet
well. This was not the first time defendant had been placed
in a similar position, and he was desired by his colonel to
leave the regiment he belonged to, the Queen's Bays, for
misconduct. _ _

Defendant--That is not true—l aold my commission.
Mr. Metcalfe went on to say that when the defendant wits
charged he gave his card as an officer of that regiment when
he was not one.

Defendant—lt was mitten in pencil "late" 2nd Dra-
goons, but "late" was rubbed out afterwards.
Mr. Metcalfo—lt was stated in the papers that be was
an officer of that regiment, and in consequence the colonel
came and said he was not, to relieve the regiment from the
imputation. The defendant hu been convicted of disorderly
conduct and fined. On his second examination be brought
forward his brother to swear that he committed no assault
at all, but finding that proceedings would go on against
him, he at the last moment writes a letter, admitting that
be bail made an unwarrantable attack, apologising fur his
then acknowledged outrage, and now pleaded guilty before
the court. It was time a stop wag put to such doings.
The Assistant-Judge said it wu out of the question to
think that a person iu Mr. Rice's position would think of
compensation in such a matter. Persons frequenting such
places of amusement as Cremorne must not be
subjected to such outrages as these ; the defen-
dant bad committed a violent and unprovoked assault
which no doubt he and his friends with him, who bad been
drinking at the races, thought a very clever " lark." The
court did not think that it was a case in which it
WAS necessary to send the defendant to prison, but that the
infliction of a fine would suffice The defendant must be
lined 251., and be imprisoned until it was paid.
The fine was paid by the defendant's father, it was under.
stood, and he left the court.