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

THE SUN; LONDON, SATURDAY EV.gNING, NOVEMBER 24 1855

re-opened. He submitted that the introduction of a
question of right removed the case from the summary
jurisdiction of this court. If the complainant chose to
indict at the sessions, Mr. Usher would be fully pre-
pared to meet the case. He did not deny what was
alleged as an assault, but it appeared to him that the
magistrate could not go into it.
Mr. Jardine observed that even if it appeared that he
had no summary power, of which he was not convinced,
he must at least hear the evidence before sending it to
the sessions.

Mr. G. Huggett, of 4, Beaufort-buildings, Strand, de-
posed—l am one of the inspectors of votes appointed by
the parishioners to act at the election of vestrymen and
auditors. On Thursday, the 15th inst., I saw Mr. Usher
at the opening of the poll. He conducted himself very
violently. (The witness was here interrupted by a loud
burst of laughter from a group of persons in the body of
the court, who, from the commencement of the proceed-
ings, bad kept up a running commentary.) The course
adopted by myself and the other inspectors was to ques-
tion each voter as he presented himself at the balloting
place as to his qualification—first as to the length of
rating, and secondly as to whether any arrears were due.
In each case I appealed to the collectors, who were
present for that purpose. When Mr. Usher presented
himself to vote, the collector stated that there was an
arrear of church rate due for 1854. Upon that state-
ment I told Mr. -Usher that I could not receive his vote.
Is I had done in previous cases, I kept my hand on the
ballot box, so as to prevent any paper being inserted till
I had obtained satisfactory information as to the quali-
fication. The defendant then looked at me in, I must
-my-7 _ _

Mr. Lewis—Never mind that.
Another shout of laughter here burst from the same
group who had before interrupted the witness.
Mr. Jardine said that if there was the slightest further
disturbance he would have the court cleared.

The witness continued—Mr. Usher then placed his
hands on the ballot-box, and looking at me in a very
spiteful manner, asked if I refused to take his vote ! I
said, "I do." He then, with much violence, forcibly
removed my hand from the ballot-box, in spite of every
effort on my part to keep it there. In so doing he
struck my hand. He then endeavoured to insert his
voting paper, in which he did not succeed, owing to the
Assistance rendered me by Mr. Peters, my fellow in-
spector. He said nothing to me but "Do you refuse
my vote 1" but he spoke so fiercely that I expected a
blow upon any part of my person rather than upon my
hand. (A laugh.) He remained within the barrier till
some person brought a policeman, who took him to the
station house. I charged him with the assault, but the
sergeant refused to take the charge on the ground that
the policeman had not witnessed the assault.

Mr. Jardine inquired what was the nature of the ap-
plication to the Queen's Bench ?
Mr. Isaacson said it was an application for a man-
lamus, commanding the churchwardens to call a meeting
for the purpose of having a new election.
Mr. Jardine observed that when a person who claimed
to vote, and perhaps had a right to vote, forcibly took
away the hand of the officer who had charge of the ballot
box, he had the strongest possible opinion that such can-
duct could not be justified.
Mr. Lewis said the inspector had no jurisdiction to
touch the ballot box. His duty did not commence till
the poll was closed, when he should examine the papers
placed there during the day.
Mr. Jardine said there must be some person to preside
And keep order, and the inspectors had been directed by
the churchwardens to perform that duty. It appeared
to him that nothing could justify any one who thought
he had a right to vote in putting his paper in the box by
Force. If the inspector wrongly rejected a vote, he ren-
dered himself liable to a fine of 50/. Besides, a person
whose vote was improperly rejected could overthrow the
whole elation. However, as there was a question in
dispute, and as the assault was not of a very serious
,;baracter, he would not decide upon it at present, but
adjour❑ the case for three months, in order to await the
result of the application to the Court of Queen's Bench.

CLERKENWELL.—WiIIians Heath and Thomas
Pope, boatmen, were re-examined on a charge of causing
the death of a woman (name unknown), by towing her
through the water in the tunnel of the Regent's Canal.
Tile particulars of the case have appeared in ?ire Sun.
Mr. Tyrwhitt said it was a novel and curious case,
but ho should not feel justified in withdrawing it from
the consideration of a jury. He should therefore send
the prisoners for trial, hut he would accept bail.

SOUTHWARK.—Lord Ernest Bruce attended to
take out a summons against a cabman for overcharge,
fait as he saw present an elderly tall man, with long grey
hair and singular expression of countenance, who had
attempted to impose upon him a few days ago, he con-
sidered it his duty to mention the circumstance to Mr.
Corn be. His lordship pointed out the party (whose name
at present it would be advisable not to mention pub-
licly), who has been allowed by the magistrates for some
time to attend trifling cases although he is not provided
with his certificate. This indulgence was conceded be-
cause he had been an attorney many years, and was be-
lieved to be now in groat distress and poverty.
Mr. Combe—l thick you ought to state the facts pub-
licly in court.
Lord Ernest Bruce—l don't like to do so, as I shall
not prosecute or charge the party, but as your worship
asks me, I will briefly state what occurred between me
and this man. A few days ago, just as I had left the
Carlton Club, in Pall-mall, he came up to me and tapped
me on the arm, making use of my name, and apologising
for stopping me. I asked him who he was, when he said
he was the brother of Sir John Ray Reid, who was ruined
by Peel's acts, and thathe was reduced to great poverty
by the same means. All his proparty in the Wet Indies
was gone, and he was starving. I said, you are not the
brother of my old friend Sir John Ray Reid, as ycu are
not much like him. He said, "I am, and lam much al-
tered, owing to privations." I said, if that's the ca,e
your brother must belong to the Carlton Club. He re-
plied " No, not to that, but another." He also said
that he had daughters living at Chelsea, and he had not
the means of getting them even a cup of tea.
Mr. Combe—Are you quite sure that this is the man ?
Lord Ernest Bruce—Quite positive, sir. He followed
me, but I pushed him away. Besides, I noticed his
person so well that I cannot be mistaken.
Mr. Combe—Did you give him any money ?
Lord Ernest Bruce—No, sir. But afterwards I have
ascertained that Sir John Ray Reid's brother has been
dead some months. This is a fearful case for me to state
against a person whom I have just been told has been a
lawyer in a respectable position, but such are the facts.
Ho is the man. I identified him at the door as I was
entering the court, and told him of it.
_ _

Mr. bombe (addressing the party alluded to)—What
explanation can you give about this affair ? Lord Ernest
Bruce swears to you, and if he presses I can detain you.
Lawyer—l deny it most emphatically. Ido not know
his lordship, and I was not in Pall-mall on the day in
question. _

- Lord Ernest Bruce—You were the party, and now
you speak I clearly identify you. However, I shall not
make any charge against you.
Mr. Combe told the party that be bad been allowed to
practise in that court as an attorney without his certi-
ficate, as be had stated that in a short time be shoul I be
able to take it out. For the future, he should not allow
him to attend there again, unless provided with his cer-
ficate.

The party then quietly left the court, when his lord-
ship said he was sorry for the man's position, but he was
positive as to his identity.

EXTRAORDINARY CHARGE OF ASSAULT.

Yesterday Mr. R. Shepherd, one of the lessees of the
Surrey Theatre, appeared before Mr. Combs, 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 wag 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 then
Mr. Shepherd had 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 mina-
tion from a friend of mine t!-:at the defendant contem-
plated au assault on me. Last Saturday afternoon,
about half-past three o'clock, he called at the shop of
Mr. B°llY, chemist, St. George's•circas, Blackfriare-
road, to speak to a Mr. Emmet. I was canvacsin I fir
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, and 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. He then turned round t i
me and exclaimed,
" n
11, Mr. Fitch, I have long wanted
to see you to tell 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,
plied, or smash you." Ire
" Why venture to assail me in this manner 9" He
BecYauousebyroouugahrlte an action against him when his
said, in
thief, and atondhirmob, b,e,dltni,syfaplosoe:
dead.d"ant then put his fist into ray face, and
said, ir--- you, call me a liar again, and I'll smash
" I said to him, " Venture to lay hands on me, and
it'sbrother,cvifea said,ivii‘
you.
and bring an action, as you did
I'll take proceedings against you." Defendant replied,
offence ; why should you annoy me ." Defendant
against" Yes ymoyll'iblrloatwhelnr„e", I told him, "1 never gave him
any o
said, " You brought an action against my brother, and
I have made up my mind to serve you out. I will do
it now, and if you will stand up against me and let me
strike you, and you promise not to law me, I'll give you
another 101., the same as you robbed my brother out
_ _ .
of." I told him that I was not able
to stand up against
him, as I had not sufficient health and strength to do

so. Mr. Shepherd said, "No, because you are a
cur and a coward !" He also said, "I was a thief, and
thief." I made use of some words in reply, but I
decline making use of them in this place.
Mr. Ballantine (addressing his worship) —I demand
the witness to tell the whole that occurred between the
parties.
Mr. Fitch—l decline stating the words I made use of;
they were not sufficient to induce Mr. Shepherd to strike
me. The language lasted more than half an hour. Tie
called me a —, and other filthy words, using threats
and saying, "Whenever you go out of that door, I'll
smash you. If Ido not do it to-day, I'll do it some
day or other. I'll watch an opportunity to do it, I will."
It was then near 4 o'clock, and I said, "Now, Mr.
Shepherd, I'm going ; venture to strike Me, and pro-
secute you." He said he did not care, he should only be
fined, and he could pay that. I was then proceeding to-
wards the door, when Mr. Shepherd said," Poor begor' "
alluding to me. I said I was not so poor as those who
bragged so much about their riches. He then said to me,
"Bow did you get your money ?" I answered, "By my
own exertions in part." Mr. Shepherd said, " Yes ; and
the rest from your wife ?" I replied, "Yes, that's true,
but I married a young woman and a lady, but you mar-
ried an old woman for athousand pounds." Defendant,
then in a passion, said, es _ your eyes, I'll smash
you." He then rushed at me and struck me on the face.
Mr. Combe—What sort of a blow was it ?

. -
Mr. Fitch—lt was a heavy one, and on the right side
of my face, with his double fists. I fell against the glass
door of the shop and broke three squares of glass, and
slipped off the step with one foot. While I was in that
position I had no power to protect myself, and he then
caught me by the head and struck M 9 several times.
My hat was then off.
Mr. Giinbe —Did he repeat the blows then ?
Mr. Fitch.—Yes, sir ; and I put my hands up over
my face to protect it from his blows. Finding he could
not reach my face, he struck me on the back of the head
six or seven times. I got away from him, and came im-
mediately to this court for a summons, when Mr.
A'Beckett and the officers saw the marks of violence. I
told the defendant I should prosecute him, when he
exclaimed, " If you say that I'll serve you so again,
and I'll serve you out whenever I meet you."
Mr. Ballantine—Do you profess to tell the whole
truth, which you are sworn to do ?

Mr. Fitch—l think so, as far as necessary to my case.
I have spoken all the truth, with one exception, and that
I decline to state.

Mr. Ballautine—?lave you stated all the provocation
you gave to Mr. Shepherd ?
Mr. Fitch—All that I think is necessary to the case.
I did not provoke him sufficient to commit such an out-
rage on me.
Mr. Ballantine—Did you not tell Mr. Shepherd
that he was a receiver of stolen goods, and a thief ?
Mr. Fitch—No, I did not.
Mr. Blllantine—Now, did you not call him a receiver?
Mr. Fitch—Not exsctly that.
Mr. Ballantine—What did you say before Mr. Shep-
herd struck you ?
Mr. Fitch—l decline to answer that question, as
that took place 20 minutes before he struck me. I
understand a civil action will be brought against me if
I state the words imputed to me in this court.
Mr. Ciarkson—l think that you had better state all
that occurred between you, as it must be put in
evidence.

Mr. Ballantine—Now, Mr. Fitch, what were the
aggravating words you made use of to Mr. Shepherd ?
Mr. Fitch—He first called me a thief ; I answered,
" I am not a thief, and I never bought stolen goods
over the counter."

Mr. Bal'antiue—Now, sir, what did you mean by
th ►t ?

Mr. Fitch—l don't give any meaning. I said to
him, "If I am a thief, I never bought stolen goods
across my counter."
Mr. Ballantine—Did you mean to convey the mean-
ing that Mr. Shepherd bought stolen goods ?
Mr. Fitch—l shall not say what I intended to
convey.
Mr. Cmnbe—You really should answer those ques-
tions diractly. lam sure Mr. Clarkson will agree
with me on that point.
Mr. Clarkson—Yes, sir. I advise him to answer
the question simply and truly. Mr. Fitch, you had
better state what your meaning was when you used
those words.

Mr. Fitch—Well ; he called me a thief, and I called
him a receiver. It was mere abuse, without any par-
ticular meaning.
Mr. Ballantine—And you really mean that Mr. Shep-
herd was a receiver of stolen goods ?
Mr. Fitch—No, sir ; it was only words said in
" chaff."

Mr. Ballantine—Did you know Mr. Shepherd's wife ?
Mr. Fitch—Yes, sir, for many years ; and I have a
great respect for her.
Mr. Ballantine—Then, why say anything about her
age ? A gallant gentleman like you should not have
made such an assertion, as that was likely to offend her
husband. (Laughter.)
Mr. Fitch—l do not mean any insult, and I regret very
much calling Mr. Shepherd a receiver of stolen goods. •
Mr. Ballantine—l think after that, your worship,
that the case ought to end here ; aud, if Mr. Shepherd
would take my advice, he will apologise to Mr. Fitch
for the assault he committed upon him. He certainly
was not justified in doing that, although he received
great provocation.

Mr: Combe—l should suggest an amicable arrange-
ment between the parties, and that Mr. Shepherd
should find two sureties, besides entering into his own
recogu.sance, to keep the peaca towards Mr. Fitch.
Both parties had used provoking language, but Mr.
Shepherd had been guilty of an assault.
Mr. Ballantine (to complainant)—Did you not say
that the watch about you was purchased by you of Mr.
Shepherd, and that he bought it of a man he did not
know ?

Mr. Fitch—Yes ; I said something about that.
Mr. Ballantine—When you said that, did you not
convey a meaning that he had bought it knowing it to
be stolen ? _

--lir. '
,-Fitch—No I did not ; and I should be sorry to
say Mr. Shepherd bought stolen property.
Mr. Ballantine (addressing the magistrate)—l really
think, sir, that after what has fallen from Mr. Fitch,
that this case ought to terminate at this stage of the
proceedings. My client has acted foolishly, and he is
ready to promise that he will neither use bad words or
assault Mr. Fitch again. The words on both sides were
abusive and irritating, and were the cause of the assault.
When Mr. Fitch alluded to the lady being old, and that
Mr. Shepherd had dealings in stolen goods, in the mo-
ment of irritation he was induced to strike, and now he
was extremely sorry for it, and was willing to apologise.
After a short consultation between the learned counsel
and the solicitors on both sides,
Mr. Clarkson said—l have known Mr. Fitch and his
late father many years as highly respectable gentlemen,
and I should recommend the arrangement to be entered
into. It was very unfortunate that such words should
be interchanged between them, and that Mr. Shepherd's
temper should have got the better of his judgment. I,
therefore, consent to stop the case, on Mr. Shepherd
finding two sureties to keep the peace, and enter into
his own recognisance not to annoy or assault Mr. Fitch
again.
Mr. Combs—l am very glad the matter is so arranged
Is Mr. Shepherd prepared with bail ?
Mr. Wethall, his solicitor, and Mr. Creswick, his part-
ner, here stepped forward, and were each bound over in
the sum of 501. Mr. Shepherd was also bound over in
the sum of 1001., to be of good behaviour for the future. •
The recognisances having been taken by Mr. Nokes,
the second clerk, all the parties left the court with their
friends, and so ended this exciting case, which called the
attention of so many parties.

RAILWAY TRAFFIC RETU.RNS.

TRAFFIC RETURNS FOR THE PAST WEEK.

Miles Receipts.
opened, NAME OF RAILWAY.
1855. 1854. 1855.
----
Baum. £ £
115 Aberdeen ...• •• .. .. .• •....... ..... 2,963 3,054
37% Belfast and Ballymena .............. 751 885
17 Belfast and County D0wn.......... - -
32 Birkenhead, Lancashire, and Cheshire 1,974 1,964
2634 Bolton, Blackburn, and West York .. .. - -
117 Bristol and Exeter ........„„ ...... 5,585 5,693
191 4 Ca1ed0n1an............. ......., ~ ~ 11,532 11,759
9444 Chester and Holyhead.• •.. • • ........ 4,329 4,853
6M • Cork, Blackrock, and Passage ...... 137 153
20 Cork and Bandon .. •.............., 219 240
56 Dublin and Belfast Junction ........ 935 1,32
63 Dublin and Drogheda...-. ......... 1,358 1,620
7 N Dublin and Kingstown ........,...... 756 685
16% Dundee and Arbroath ............., - -
31 Dundee, Perth, and Aberdeen Junction 793 1,096
36 Dundalk aril Enni5ki11en............ 654 385
68 East Angliart...• •••••••.••• • • • •• •• •• 1,036 863
93 East Lancashire •••••••••. • . • • • • • . • • 6,001 6,749
417 Eastern Counties and N0rf01k...." 1 20,379 62,318
Eastern Union • • • • • • • • • • • • .. • • • • .• 3
142 Edinburgh and Glasgow ..... ........ _4.725 4,960
78 Edinburgh, Perth, and Dundee •••• •• 2,760 3,170
6 Exeter and Crediton.. • • • • • • • • • • •• • • - -
801
22 Furness Railway •••••••• • •• - • • •• 5 0 646
183% Glasgow, and South-Western........ .6 4 6,036
21.674 26,173
283 Great Northern and E. L.•• • • • • • • •• .„,
188 Great Southern and Western (Ireland) 2.lo''' 6,925
. .......... 20,636 24,229
359% Great Western ••• • •
18,629 20,146
25 Irish South Eastern ••••••• • • • • • '''' 5,-5 -
90 Lancaster and Carlisle •• • • 35 5,794
276% Lancashire and Yorkshire ••••• • •• ••
- Leeds Northern .. ••••••••' • • • " •• • • - -
50,457 54,855
16i Liverpool, Crosby, and Southport.. • • - -
55354 London and North Western ... •••• ••
111,3% 121,517400
5% London and Blackwall• •••.•• • •• • •
1,6_5! 12,840
181 London, Brighton, and South Coast....
267 London and South Western. • • • • •• • •
60 Londonderry and Enniskillen .• • • ...• 084, 835
i-y_l
934 Manchester and South Junction ......
- Manchester, Buxton, and Matlock, &c. 8
171% Manchester, ShoftlehLand Lincolnshire
,"6 9,565
694
1 064 997
23 Maryport and Carlisle •• • ••• •• • ••• •• ••• • •
• • •26'952 28 670
494% Midland •••••-•••• • • • • • • • •••
...
3076 '
126% Midland Great Western (Irish) •• •• • • • 3,663
37 Monklands • • • • • • • • •• • • •• •• •• • • • • ••
- -
7854 Newcastle and Carlisle •• • • •'• • • ••
.. 5,007 5,233
149 North British • • .. • • • • • • • • • • • • • • • • - -
North Staffordshire •••• • • • • " ••• • • 905 841
47 North-Western .... •••••••• • • • • • • •• 2' 219 2,679
8233 Scottish Central •••••••••• •• • • • • '• • •
32 Scottish Midland ••• • • -
-966 1,477
2934 Shrewsbury and Birming•lVa•m• ••
•••• ••• : ••
48 Shrewsbury and Chester ............ - -
1,060 959
30 Shropshire Union ..................
2, 088 2,107
574( South Dev0n.......... •• •• •• ""•• • 14841 17,988
249 South Eastern • . .. ..................
4,505 5,844
16234 South Wales ........ .............
1,588 2,191
97 South York., Doncastot:, and Goole ••
39 Taff Vale •••• • • • • ........ ••••• • •• • • 3,579 3,561
36 ulster, 1,329 1,402
........ „
...............,
77 Waterford and Limerick •••••• • • • • ' • 807 1,165
-
2734 West Cofhwall ...... ..... ••••• • • .-
12 Whitehaven Junction ..... •• • • 3BO 297
682 York and Newcastle, and Berwick &
Yark and North Midland & Leeds - -
FOREIGN.
5714 Dutch Rhenish
262 Lyons and Mediterranean •••••• • • ••- -
63 Montereau and Troyes .......• .. • • • • -
63 Namur and Liege .• • • • • • • •• •• • • " • • -
415 Northern of France
617 Orleans and Central .. . .... •• •• •• •• - -
240 Paris and Lyons .• ...... '• •"• " - -
82 Paris and Rouen. .. - ..... - -
392 Paris and Strasbur .•
• • • • ••
••
• - -
59 Ftmen and 11,. gla •• .. •• •••• ... ••
- -
157 Western of France --
..„.•.••••
._

From the London Gazette of Last Night.

At the Court at Windsor, the 21st day of November,
1855, present the Queen's Most Excellent Majesty in
Conn cil.
This day the Right Honourable Sir George Hamilton
Seymour, G.C.8., was, by her Majesty's command, sworn
of her Majesty's Most Honourable Privy Council, and
took his place at the Board accordingly.
Her Majesty having been pleased to appoint the Right
Honourable Henry Labouchere to be one of her Majesty's
Principal Secretaries of State, he was this day, by her Ma-
jesty's command, sworn one of her Majesty's Principal
Secretaries of State accordingly.
WHITEHALL, Nov. 23.

The Queen has boon pleased to constitute and'appoint
Major-General George Judd Harding, C. 8., to be Lieute-
nant-Governor of the Island of Guernsey, in the room of
Major-General William Thomas Knollys, resigned.
WHITEHALL, Nov. 23.
The Queen has been pleased to present the Rev. Evan
Mackenzie Masson to the Church at Steinscholl, in the
parish of Kilmuir, in the Presbytery and Isle of Skye, va-
cant by the death of the Rev. Donald Macdonald.

CROWN-OFFICE.
MEMBERS RETURNED TO SERVE IN THIS PRESENT
PARLIAMENT.

Borough of Southwark, Nov. 21.—Vice-Admiral Sir
Charles Napier, K.C.8., in the room of the Right Hon.
Sir William Moleswortb, Bart., deceased.
City of Wells, Nov. 22.—lledworth Hylton Jolliffe, of
Merstham, in the county of Surrey, Esq., in the room of
Robert Charles Tudway, Esq , deceased.
BOARD OF TRADE, WHITEHALL, Nov. 22.
The Right Honourable the Lords of the Committee of
Privy Council for Trade and Plantations have received,
through the Secretary of State for Foreign Affairs, a copy
of a despatch from her Majesty's Ambassador at Constan-
tinople, announcing a general suspension of the right to
export grain from the Turkish dominions. Grain may,
however, be imported into Constantinople from any other
Turkish port for consumption, for the space of three
months, dating from the 10th of November free of duty.