The Sun.
London, England, 1864-03-21 00:00:00

MARLBOROUGH-STREET.

A GENTLEMAN IMPROPERLY CHARGED BY THE
POLICE.—Mr. John Anderson, a gentleman residing at
No. 4, Qucen•square, Westminster, was charged before
Mr. Tyrwhitt with assaulting Beales, 131 0, iu Jermyn-
street.

______.
Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the defendant.
Beales said that a little after 12 on Saturday night he
was assisting other constables to the station with two
females, when just before getting to the corner of Lower
Regent-street the defendant put his walking-stick between
his (the constable's) legs, and when he got to Jermyn-
street the defendant kicked him on the leg. A large
crowd followed to the station, and when he got to the
station-house door he took the defendant into custody for
assaulting him.
In answer to Mr. Lewis, the constable said -there was a
very large crowd and that the defendant was walking be-
hind him, but a little at his side, when he put his stick
between his legs and kicked him, There were between 30J
and 400 persons present, and the mob celled out " Let the
poor devils go."
Another constable corroborated Battles, and in answer to
Mr. Lewis, said he heard the defendant cry out, " Rescue,
rescue," the defendant being close to Beales at the time,
and that Beales gave the defendant into his custody at the
corner of Jermyn-street. _ _ _

Staines, 123 C, was called, and said he was assisting in
taking the two females to the station, and although he had
an equal opportunity of seeing what took place to the
second constable, he stated that he did not see the defendant
do anything.
Mr. Lewis, in addressing the magistrate on the defendant's
behalf, said that many persons were convicted for assaults
on the police because they were unable to bring forward
evidence to refute the statements of the police. He (Mr.
Lewis) believed that his worship had heard the truth from
the jest constable (Staines) when he said that he saw nothing
done the defendant. The second constable said he saw
the stick placed by the defendant between the legs of the
first constaWe, while the last constable called, and was in a
position to sea all that occurred,saw nothing done, and one
constable said he took the defendant into custody outside
the station, and the other that he took him at the corner of
Jermyn street, some distance from the station. The de-
fendant was a gentleman of position, and so far from mo-
lesting the police had on one occasion assisted them, and
given evidence on their behalf. He (Mr. Lewis) would call
a gentleman who was in the defendant's company—arm in
arm with him all the time—and he would state that the
lefendant neither placed his stick between the constable's
legs nor kicked him.
Mr. Joseph Burke, civil engineer, of 4, Queen-square,
Westminster, deposed that on passing down the Haymar-
ket on Saturday night with Mr. Anderson, with whom he
had been playing at billiards, they saw a large crowd col-
lected, and walked to the Vine-street station to see the
cause, and while standing outside the defendant was dragged
into toe station, the constable (Beales) saying, "You are
the man who assaulted me." The defendant had been arm
with him all the time, never platted his stick as stated, nor
kicked the constable, and was never within 10 yards' dis-
tance of the constable (Beales).

Mr. Tyrwhitt said it was impossible he could convict in
the case, more especially after the discrepancies in the
evidence of the police, they not seeming to know where
they took the defendant into custody—one stating at the
corner of Jermyn-street, the other outside the station.
Mr. Lewis stated that he bad another witness to call,
if necessary.
Mr. Tyrwhitt discharged the defendant.