The Sun.
London, England, 1855-11-24 00:00:00

EXTRAORDINARY CHARGE OF ASSAULT,

Yesterday Mr. R. Shepherd, one of the lessees of the
Surrey Theatre, appeared before Mr. Coaabe, at the
Southwark Police-court, on a summons, to answer a
charge of assault, preferred against him by Mr. John
Henry Fitch, the attorney, of Union-street, Southwark,
under very peculiar circumstances.
Mr. Clarkson appeared for the prosecution, and Mr.
Ballantine for the defence. The court was crowded al-
most to suffocation by members of the theatrical profes-
sion, among whom were Mr. Creswick, the defendant's
partner, Mr. H. Widdicomb, and Mr. Bruton. There
were also a vast number of publicans and gentlemen
connected with the parish of St. George's.
Mr. Clarkson, in opening the case, said he appeared
for a gentleman named Fitch, who was well known in
the legal profession for his respectability, and who had
been assaulted in a very outrageous manner by the de-
fendant. The attack committed on his 'client was, he
was instructed to say, designed and premeditated for
some time, owing to an action brought by Mr. Fitch
against Mr. Shepherd's brother at the latter end of last
year, when a compromise took place on Mr. Shepherd
paying the costs and a guinea to a charity. Since Caen
Mr. Shepherd bad threatened Mr. Fitch, and, meeting
him at a chemist's shop in Saint George's-circus, he
committed the gross assault complained of, and after
hearing the whole of the evidence, he should call upon
his worship to send the case to the sessions for trial.
The learned counsel then called

John Henry Fitch, who said—l am an attorney, car-
rying on business in Union-street. I know the defendant
as one of the lessees of the Surrey Theatre. About the
latter end of the last year I was employed by a client of
mine to sue Mr. John Shepherd, the defendant's brother,
and a compromise took place on paying my costs, and a
guinea to the poor-box. After that I received inf,)rma-
tion from a friend of mine tiPat the defendant contem-
plated an assault on me. Last Saturday afternoon,
about half-past three o'clock, ho called at the shop of
Mr. Solly, chemist, St. George's circus, Blackfriars-
road, to speak to a Mr. Emmet. I was comva•sin; for
the office of vestry clerk to the parish of St. George's,
under Sir Benjamin Hall's new act. I saw Mr. Emmet
there sitting in a chair, near the counter, asd I gave him
my card. Mr. Shepherd, the defendant, came in at the
time, and went to the counter between me and Mr. Em-
met, and spoke to the chemist. Ile then turual round to
me " Oh, Mr. Pitch, I have long wanted
to asened exclaimed,
youtotell you that you are a scoundrel, a con-
temptible humbug, and a thief ; and if you will walk
outside this shop I'll thrash you, or smash you." I re-
plied g, Why venture to assail me in this manner ?" He
" Because you are a -- thief, and r )bbed my poor
You brought an action against him when his
nenet into wbsariiofdet,h,wear.s lying (lead." I said, in reply to him, " It's false
i e
you,de fend hn
u put his fist
on any
me, face,
a and
and
sd
call me a liar again, and I'll smash
you."l to
him, , Venture
t re t
o against you." lay hands
Defendant replied,
"Yes, you'll law
I'll take proceedingsid
me and bring an action, as you did
never gave him
should
y
any offence ;ou annoy me ?" Defendant
action against my brother, and
I told him, "I •
mind to serve you out. I will do
saagiadin
"Youmy bbr:ootuhge
I have made up my
stand up againstlet me
me and
it now, and if you will
not to law me, I'll give you
strike you, and you promise
robbed my brother out
another 107., the same as you
an
It
of." I told him that I was nut able to stand up against ;
heah and strength to do
him, as I had not sufficient