The Express.
London, England, 1850-10-18 00:00:00

ASSAULT ON A RAILWAY PORTER.

Yesterday morning a somewhat remarkable cosi, of
Assault was heard before the magistrates of Birmingirm.
The comnleinent was Tnemaa Smith, a railway potter ,n
the service of the London and North Western Company, at
their station in Birmingham ; end the defendant was Capt.
Aufultus Hardy, a retired military officer, residing in the
neighbourhood of Coventry; and • somewhat addition-1
interest was imparted to the case, from the eircumstance of
the defendant having been some time stnee convicted and
fined U. for an offence similar to that with which he WO now
charged.
Mr. Carter, solicitor, of Coventry, who spouted for the
London and North W Company, stated the fees,
which will be best gathered from the evidence of the ccm-
plait:Lent himself, end asked the maainrate not to treat the
case as one of, CA3IIOOIII assault, but to send it to be triad et
the Quarter Senions. He then called
Thomas Smith, the conspleieect,who deposed se follews—l
am a porter in the unite of the London and North Western
Railway Company. On the evening of the Sta of Octolvtr
I wee in charge of the booking-offite at the ttatioe. About a
sputter before ten at night I saw two ladies walking towards
the entrance door leading on to the platform. I bald," Ladies,
what train do you please to went 1" They undo no
wkly, but were proceeding onward. I then out my hand
terms the door and repeated the question, upon which one
of them r plied, " We do not want any train, ' end was im-
mediately struck a violent blow with a stick by a gentleman
on the platform. The blow was mesa the toretrud, and
canoed me to fall immediately. I rose grain, and was in-
stantly collared by the tame perms. He bumped me
backwards sod forwards against a stove. I fell to the
ground a second time, end ineteetly received anuthcr
violent blow with the stick across the (see, which
caused the stick to break. The injuries I received
were of a ferious nature. I have bean laid up, and
under medical treatment ever elute. The defendant it tits
person who assaulted me. I said nothing to the ladies be-
yond what I have stated. It was a part of my ditty at that
time of night to see that no persons came on to the plat fin
except such as were going by a train. At the time the as-
sault took place there 1131 no train until eft?, midnight. I
had seen the defendant walking stout the platform before
the ladies attempted to pus en to it.
In crowesunination by Mr. H. Hawke., de er.dent'a at-
torney, the complainant said—l did not take hold of the
ladies by the shoulder. Two of my fellow-servents sow
the assault; it did not occupy more than a e; neither
of them came to my assistance, but use of them meet on
to inform the foremen of the porters what was ttoirg on
Mr. John Simmons, the surgeon who wee called in to
complainant after the occurrence, said I found n severe
contusion on the left eye, there was swelling the size of •
large egg; there was a mark acmes the left ckeelt, and
bruises across the loins, with en abrasion two or ti.ree inches
in extent."

Austen Seward, one of the porters who witn,isi-cl the
occurrence, corroborated the mummy of the complainant
in the main. He said :—" I did not go to Smith's assistance
because the affair lasted such a shoe. time. I heard de-
fendant say, ' learn you to intuit ladies in my
company.' "
Jaws Turner, assistant foreman of the porters, sail —On
the night of the assault, after It had taken place, delannent
came to me on the platform. He mid, "I'vd been caning
one of your porters for insulting gone hdlg.." I told him
he should have made a comolaint if Clem was anything
wrong, to which be replied, "If I have done wrong I must
pay for it. I will atop down in the m-ruing, sad me Mr.
Robinson, the station-muter."
Mr. Hawke., who appeared fir the defendant, admitted
the assault, but denied that it was of that sigravatad cha-
racter with which complainant had coloured it; there are
there was no reason why it should not be dealt with in the
ordinary manner. Defendant had been rather led away, in
the heat of the moment, by chivalrous Reline, and was, so
far, very sorry for what had taken place.
The magistrate (Mr. Willa) said—" We ace n 3 sufficient
reason for sending this case to the sc salons ; at the same time
we think that the railway company has very properly taken
the matter up with a view to the protection to Iti riai.ta ;
gentlemen are not to take theism into their own lauds, and in
this instance the complainant appears to have done no more
than carry out his Instructions, therefore in what lee did he
in no way miscondneted himself. We think the as, cult
commlttml a most unwarrantable one, and therefore adjudge
the defendant to pay a fine of 61."
The fine was immediately paid.

NAVAL

ADMIRALTT, OCT. 17.—APL - -
Birkenhead—Chief Enemies: C. Pemberton. Assistant
liaghseers: J. C. ItAimee, Jasaes Morris, B. Orr.tham.
Giorgi Hitchbagmen, James Blinn, and Charles M hey.

.—To the

MILITARY.

MOVEMENTS OF TROOPS LNI IRELAND.—The 89th,
Regiment is to proceed this day from Birr to Dublin. On
Warded of the 17th Regiment of Infantry at Omens, on
the Ziod Intl., the 3rd Foot will moire from Gainey to Bar.

DRAMA.
Amara THEATRE.

The entertainments at this house last night were
for the benefit of the " Widow and Orphan Fuol of the
South London Markt of the Ancient Order of Foresters."
The salami= presented no features of novelty, the patrons of
this favourite theatre not being eo caistant in their demand
fir "eimmip" es the Ambito* of more ufetocratie emabletb-
mats. The performanees commenced with the old and
speateale of " Ifsseppe," and concluded with a
farm', the issues in the axle sup_plying, as usual,
the island between the two. Thu part of the
entutsiameat produced the customary amount of won-
der sad applame, the rides—both male and ISnule—
perfortalagthelr marvelloos antics in a manner wt I:hallowed
no abatement fa the courage of these dauntless champions
of " the rin ." The renowned N. T. Hicks was the repro-
mutative of lfaseppa, and his wondrous pavan of gaticula-
lion were exerted to a degree which left no rams for discon-
tent amongst the most ardent upholders of " physical &fee"
is applied to dramatic peritoneum The theatre was well
attended, and there was every roams to believe that the
amerements of the ersolog sufficiently answered the charit-
able purpose to whirl they were devoted.

EILKENNT.-04 Monday a meeting took place in
oar shy between gendemea fammendlostoly nameted and inte-
rested h railway 'Bain is *ls ty, in the ?went or
Nat
semeaskeilluaiblea °3* seateeaNe ace/ as the pert or the dire.
Übe' Milimesetrwarttil iftDoliatT,
olesimassOf the theet Ifeelhemani Western, with two of
the Skeels, .It thes a Munn Redmond and A:tr-
eader. dkenemi Ky. asemnup ; and Mr. Rickards,
ennialier etelr Isigh flenik ; and Messrs. Tarrant
and H..lki=er, Ace sad meow, of the Water-
ford ma ikilkeely; together with Mr. Dugan, the
mined velleng a/striated, zest el the Club-home, where
OM awl 1111111611.- h hos bees found impossible to
inane kr the 'pain of the South Eastern ravens:on Vita
between Dernal and Kilkenny, so as to connect out
My by nil with Dublin, on Os Ist melon, se had be ea
orientally imtemiloiL We nther think it will not be potaible
to memo thannash wished for oonenmmation earlier then
the et went month as the necessary nllice must be
tvznAgaresinanat, and the meal inspection lake place.
Moismsfor
Tios Wuxi:mum...4lw Blest Ma. Sir W.
flemeervilie and Dr. Wee pill • Wilt is Ode bounty within
'the = dam Wei visited the
of lammed' doudese et the arenty. especially
of Castishar, Waelpeel, -MAW* and Bellies, mid is-
Weed Maul! woe weal wits Ille se
i 4 thy of the
establishments, audio ' appearance
el the lamstes. The et Sir W. Mlle's visit
sot balm, es le an seep desirous el being recog-
nised oft kis lost otiresalead-Wier OmplaOrtio.