The Sun.
London, England, 1864-08-13 00:00:00

MIDDLESEX SESSIONS, Aug, 12,

Henry Ball, John Patrick, and Clarke Thompson were
placed at the bar charged with stealing 40 bags of chicory,
the property of Alfred Waterhouse.
Messrs Ribton and Poland, instructed by the solicitors to
the Customs, prosecuted.

Mr Sleigh appeared for Patrick, who pleaded guilty; Mr
Piffard and Mr Besley appeared for Hall and Thompson,
who pleaded not guilty.
Patrick was admitted Queen's evidence.
This case was a very important one. The prisoner Patrick
is a French polisher; and was originally charged with re-
ceiving the chicory from Hall, who is a foreman in the em-
ploy of Mr Middleton, at St. Bride's-wharf, well knowing
it to have been stolen from those premises. The prisoner

Thompson was aleo in Mr Middleton's employ as clerk, and
was examined as a witness against Hall and Patrick on the

11th July on behalf of the prosecutor, but was afterwards
given into custody for being concerned in the robbery,
John Patrick then came from the dock into the witness
box, and when examined by Mr Poland, said—l have known
Hail about two years. I have only known Thompson by
seeing him at St. Bride's-wharf. Three or four days
before 27th Juno Hall told me he had 40 bags of chicory
which he wanted to get away to sell. I was to sell it at £2O
per ton, and if I sold it for more I could have the differ-
ence. I did not see Thompson upon the matter. It was
arranged between me and Hall that I was to go and fetch
the chicory on Monday, the 27th June. I hired a van, and
went with it accordingly. I left the van in the street under-
neath one of the loop-holes from which goods are delivered.
I passed through the gates myself, and went to the win-
dow of the counting-house, and asked whether there was
an order there for the delivery of 40 bags of chicory. There
were three persons in the office, and two persons on busi-
ness, as I was myself. I will not swear Thompson was in
the counting-house, but I think he was. I got the answer
that there was an order, and returned to the van. Forty
bags of chicory were lowered from the top warehouse into
the van ; some of the bags being rotten broke, and I mended
them. Hall must have seen me loading the van. I got a
cart note. I think Thompson was there at the time. I sold
the chicory to Mr B. Smith for £59. I received £25 on ac-
count, and I gave £22 to Hall. I was taken into custody
on the 30th June.

It was proved that Hall set a gang of men to deliver the
chicory ; that there were only 37 bags of the right cargo
and weight to be found; that Thompson directed the de-
livery foreman to substitute three bags from another cargo ;
that the delivery foreman gave the owner's order, or what
ought to have been the owner's order, to Thompson, to take
downstairs to be filed, and tha, it was in the weight-book at
the time ; so that no sack order was filed ; that there was no
Customs order filed ; that there was no counterfoil for the
cart-note or pass delivered to Patrick; that Hall visited
Patrick at his lodgings; that Thompson called there once
about ten weeks prior to Hall being apprehended; and that
the Custom-house officer was engaged on the 27th June on
some other business in another part of the warehouse.
Jas. Ryan, also a servant in Mr Middleton's employ, was
examined. He said that on the Ist July Thompson asked
him whether he had assisted to deliver chicory during the
previous week. Mistaking the day, he said he had. but
really had nothing to d) with these 40 bags. Thompson
then said, "If any man comes and asks you whether you
assisted to deliver any, you say no; becouse you know what
trouble Hall has got into. If they should further ask you,
say no, to the best of your recollection; and if you do it, it
will be a dollar in your pocket." This happened on the Ist.
No one was present when the conversation took place.
His lordship summed up the evidence, after speeches from
Mr Piffard and Mr Desley for their respective clients. The
jar) deliberated about half an hour, and returned a verdict
of guilty against Hall and Thompson. His lordship said,it
was absolutely necessary for the ends of justice, to admit
prisoners as evidence. It was very clear in this case, that
Patrick had been the dupe of others. As to the other pri-
soners, Hall and Thompson, they had betrayed their mas-
ter's trust, and but for the good character of one of them,
he should have given them penal servitude—they would
each be imprisoned and kept to hard labour for two years.
John Hyde and Timothy Donovan, labourers, were placed
at the bar, charged with assaulting John Turner, a police-
constable, in the execution of hls duty, and with occasion-
ing actual bodily harm, and for a common assault.
Mr Cooper, with whom was Mr Harry, ,prosecuted, in-
structed by the Treasury, Mr Montague Williams ap-
peared for Donovan ; the other prisoner was undefended.
Mr Inspector Holloway attended to watch the proceed-
ings on behalf of the police.
The facts will be gathered from the following evidence,
by which it will bo seen that this was a very important
case, in consequence of the frequency of assaults upon the
police in the execution of their duty.

John Turner was called and examined Ly Mr Cooper.
He said-0n the 25th Juno last, and 12 o'clock at night, I
was on duty in High-street, Wapping. The prisoner Hyde
was fighting with another man. I went up and parted
them. The man in custody then struck me in the
mouth. Hyde stood behind rue, struck me on the side
of the head, and knocked me against the shutters. Done.
van then came up and struck me on the nose. As he
struck me ho said, "Kill the —." All three then got mo
down in the street on my back. I received several kicks
from Hyde and Donovan in the ribs, and also from the other
man not in custody, I then got up and ran backwards to get
out of the crowd. I took out my staff and hit Hyde on the
side of the head as ho was coming up to me. My staff flew
out of my hand across the street. Hyde then got me by the
collar, and with two or three others got me down again. I
received several kicks, which have injured me much. In-
spector Adams of the Thames Polico came to my assistance
and pulled Hyde off me as I laid on the ground. As I fell
I received a kick on the shoulder from the man not in cus-
tody of which I still feel the effects, and that is about six
weeks ago, I received several Mae after Hydq was taken

off me. I was picked up by two men in an insensible state.
When I recovered myself I sprang my rattle.
Cross-examined by 11Ir Williams—l am quite sure Dono-
van and Hyde are the same people.

William Adams, inspector of Thames Police, examined by
Mr Cooper, said—On the night in question I was in a shop
in High-street, Wapping, when I was called to a row out-
side. I wont out and saw the last witness lying on his back.
The prisoner Hyde was on the top of him. I seized hold of
him by the collar and pulled him off. I heard shouts of
" kill him." When I got Hyde up, I was knocked down
and struck repeatedly in the face by the prisoner Donovan.
I was dragged on my back, holding Hyde by the leg. I re-
ceived several kicks, and my head was hammered against the
kerbstone. I received a kick on the elbow which caused me
to releaso Hyde and made me partially insensible. When
I got on my feet the crowd had dispersed.
Cross-examined—l am quite sure Hyde is the same man.

Alfred Young, a butcher, living at 56, High-street, \Yap-
ping, said—l was present at the assault spoken to by the
previous witnesses, an:: I am certain Timothy Donovan was
there. I had known him before.

Cross examined—l saw Donovan strike Inspector Adams
when he was on the ground.

After some further evidence,
Mr Montague Williams addressed the jury at some length
for his client Donovan.

The jury, after Mr Payne had summed up the evidence,
returned a verdict of guilty against both prisoners.

Mr Payne, in passing sentence, said this was a very bad
offence, assaulting policemen in the execution of their duty.
As regarded Donovan, he was not so bad as the other pri-
soners, who had kicked the policeman when he was down.
The senteLee of the Court was, upon Donovan 4 months,
and Hyde, 12 months.

Robert Lake was charged with attempting to rescus a
convict named William Lake, his brother, from the custody
of Lockyer, the prison officer.
Mr Orridge prosecuted, and Mr Montague Williams de-
fended.

The jury thought the prisoner only intended to shako
hands with his brother, and, whilst believing Lockyer, ac-
quitted him.

George Bowden, wearing the light uniform of one of the
Tower Hamlets volunteers, was convicted of a violent
assault with his bayonet upon the person of George Tottel.
The following is the principal evidence :
Geo. Tottel said, on Tuesday (inning, the 2d inst, he was
in the East India-road, near Oriental-street, with a friend,
when they heard a cry of "Police," and some women's
voices calling for protection, He went up and saw the pri-
soner struggling with another man. The women made a
complaint, and his friend tried to separate prisoner and the
other man, when the prisoner seized hold of him, and struck
him with his drawn bayonet. It was not a blow, but a
thrust. The prisoner then scratched witness's face. A
policeman then cane up, and he gave the prisoner into
custody.

When at the station-house the prisoner expressed his
regret at what had occurred, and offered to pay any doctor's
bill, as he did not know what he was doing at the time. Ho
had been to a regimental dinner, and had taken rather too
much.

John Richardson said he was with his friend, the last
witness. The prisoner had his bayonet drawn when he
went up to him. He said to him " Well, mate, you had
better put that instrument up." He replied, "You -
I'll put it into you," Ho seized witness by the collar,
thrust him up against the fence, and drew his hand back
with the bayonet in it as if going to strike with the point
of it. The last witness came up and pushed prisoner away,
The prisoner fell on his back with his head on the road and
his feet on the path. The man who had been struggling
with the prisoner ran away. The last witness ran to hold
him and keep his bayonet down. The prisoner, who was
drunk, was then given into custody.
Benjamin Lovell, 188 K, said he was on duty in the East
India-road, Poplar, at the time this occurred. He heard
some one say "Here's a row, let's go and see ; here's a vo-
lunteer with his bayonet drawn." He saw a man run away,
and then saw the prisoner with his bayonet in his hand.
Witness went up to him and asked him to give his bayonet
up, which 116 refused to do,

After some further evidence,
The Captain of the company to which the prisoner be.
longed, was called, and gave him a good character, and said
he had come from a regimental dinner.
Mr Payne said he could not pass over such an offence as
the prisoner had been guilty of without some punishment,
which he hoped would be a warning to the prisoner and
other volunteers not to make use of the weapons that were
placed in their possession ; and if they went to regimental
dinners it would be quite as well if they left their arms at
home, for they could have no use for them at a dinner table.
The sentence upon him was that he be imprisoned for one
month, and enter into his own recognisances in a sum of
£25 to keep the peace to all her Majesty's subjects for 12
months.