The Express.
London, England, 1850-05-07 00:00:00

MARLBOROUGH-STREET.

Tes RECSNT ASSAULT IN HYDE CARL—Cape Mont-
9aae►y, formerly of the 4th Light Dragoons, appeared before
Mr. Bingham, to answer a charge of violent assault on Mr.
Thomas Bolt, of Hyde-patk.gardens, with the loaded end of
a stick.

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Mr. Mt, whore eye wu bandaged up and who appeared
to have suffered severely, was accommodated with a seat in
the counsel's box.

Mr. Clarkson said, now that his client, Mr. Role, was suffi-
cier tly recovered to be able to give evidence, the appearance
whirl he presented could not fail to show that it was tne re-
sult of savage violence inflicted open him by some peens) or
other. There had been a misundentanding between the
two gentlemen previous to the moult, on the ouleject matter
of which he had no desire to enter, unties it was the plea-
sure of hie learned friend Mr. Bodkin that he should do so.
Mr. Rolt received a letter from Captain Montgomery which
had been written evidently with but one object. hit. Rah
put a restraint on himeelf, and took no notice of it. lie was
pasting through Berkeley-tepees in his brougham shortly
afterwards and wu assaulted by C ipt. Montgomery. After this
event, Mr. Rolt was, on the following Sunday, walking in
Hyde-park, when the assault was committed under circum-
stances which would be disclosed in evidence. The itjary
sustained by Mr. Bolt was a prievous one, and, though he
admitted that provocation was given to Captain Mont-
gomery, in the shape of a blow with the hand, still it
would be for the court to decide what was the real character
of the cue, and why Captain Montgomery was found walk-
ing about the streets with a loaded stick which he afterwards
used with such dangerous violence on the bare head of Mr.

Mr. Rolt deposed that ha became acquainted with Captain
Montgomery some years ago at Leamington. On the 9th of
April be was riding in lila cub through Berkeley-square, about
four o'clock, when he was overtaken by Captain Muntgomell,
who was on horseback. Captain Montgomery rile up, and
called him a liar. Complainant proceeded a few paces, upon
which Captain Montgomery rode up and hit him on the
breast with • stick, on which complainant endeavoured to
keep him off with his whip, and in so doing struck Captain
Montgomery's horse, and then complainant was left to pursue
his row°. Twre days afterwards complsiaant received a
note to this effect:

Tour Insulting oondnet to me induced me to horsewhip you in
Berkely-square. I hardly expected you would have put up soquietly
with the ehastinenient you received. I waited at the Army afro Navy
Club all day, but have not heard from you. I now teste you to the
contempt you merit, and I write to you solely to tell you I shut' mare
it public the punishment I indicted on you, and the manner you bore
it. C. Mostotosaav,
Late of the 4th Light Dragoons.
Complainant saw nothing more of Captain Montgomery
until he met him on the following Sunday in Hyde-park.
Complainant did not answer the letter; but he wrote Ow-
' wards to the Army and Navy Club, and the note was not taken
in. On the Sunday when the assault took place, complainant
was going towards Tatteinint, when Captain Montgomery
and two friends passed him. As they passed, heard them
' jarring and lan gli ing at him. Went to Tattersall's and remain, d
ahont ten minutes, and then returned through Hide-park.
Nett Apeley-housesaw Captain Montgomery standing in con-
versation with two gentlemen. Went up to him and said,
"Captain Montgomery, you behaved in an ungentlemanly
and cowardly manner to me in Berkeley-square. It is not
I kely I shall keep it—therefore, take that," slapping him
with the heck of the open hand on the face. The blow
was not given wit► force—it was only meant as an indig-
nity. Captain Montgomery said " you," and then drew
from behind him a stick, which he appeared to have had
partly in his coat pocket. Complainant perceived Captain
Montgomery was going to strike him, snd he held up his
stick to guard off the blow. He did not succeed, and the
Wow fell on his head and knocked his hat off. C I mplainant,
seeing the defendant was about to repeat his assault, handed
his stick to a person standing near, but the person would not
take it. Complainant then received a blow over the eye
which de priced him of his senies for the time. It app• arid
as if defendant held his stick in both hat.do, but complainant
could not tell which end he was stra.ck with. When com-
plainant recovered his senses he found he had received
severe wound; the blood was running down, and the sight
of his rye wan gone. Did not know whether Captain Mont-
gomery struck or attempted to strike a third blow. Was
taken to St. George's II 'spits', and afterwards went home,
and had been attended by Dr. Pepe eve r since. Had suffered
great pain from the blow, and was still suffering from the
violence he bad sustained.

In reply to a question from Mr. Bodkin,
Mr. It ilt sai 1 h• was connected with the turf, and the
owner of race hones. _ _

Mr. Bodkin, for the defence, would abstain from all re-
ference to the circumstances which led to the q. I. Tne
first assault had been committed by the complainant, and
from the evidence it @prase 1 it was perfectly unsought and
uncalled for on the port of Cerain Montgomery. The com-
plainant bad also applied opprobrious words to the defen-
dant, which nu one who had been in her Majesty's service
could submit to. The d. Pendant used his stick, the com-
plainant defending himself also with a stick tipsily formid-
able, it used with determination. He hoped as the com-
pl anent was not now to sustain ail serious conse-
que from the blow, that the bench would be disposed
not to deal in a harsh way with the case by irdlicting the
indignity on his client of compelling him to appear in •
court, at the bar of which, if a person were placed, whether
on a civil or criminal charge, the circumstances carried with
it • stain that could not be got rid of. He trusted the bench
would not send the case to the sessions. _ _ _

Mr. Bingham said the the prosecutor had put a powerful
answer in the hands of the detendrit, ny admitting that he
struck the first blow ; yet under the circumstances of the
case he could not but think it was right that the opinion of
• jury should be taken, whether or not it was the intention
of the defendant to induce such a colourable assault on him
by the complainant as might afford any opportunity to use •
very formidable instrument. It was right to put the case
before a jury that way, and he must therefore coil on the
defendant to find bail to answer the charge at the Centel
Criminal Court.

Mr. Bodkin said it was only the indignity of appearing at
that court which he objected to.
Mr. Clarkson intimated that due advice would be given as
is the COWS a of future proceedings.
The defendant was then bound over and liberated.