The Sun.
London, England, 1852-03-25 00:00:00

MIDDLESEX SESSIONS, March 24.

(Before Mr. WITIIAM and a Bench of Magistratea, at
the Guildhall Westminster.)

James Phineas Davis and David John Davis were
jointly indicted for having committed an asisult upon
Ur. John O'Brien, a person whose name has been for
some time past before the public in connexion with turf
transactions, on the afternoon of the 18th inst.
Mr. Sleigh conducted the prosecution; Mr. Ballantine
appeared for James Phineas Davis, and :Hr. Parry for
David John Davis.
The defendants both pleaded not guilty.
Mr. SLEIGH, in a brief address to the jury, stated the
facts of the case, as detailed in the following evidence.
The prosecutor was examined by Mr. SLEIGH. He
said—l am of no business or profession whatever. I was
educated for the leeal profession in Dublin, but I never
took up my degrees, although I am entitled to them fur
having passed the respired number of terms. I know
the defendants, who were engaged against me profeb-
sionally as solicitors, in an action at law and in
a suit in Chancery. I reside at the Talbot Hotel,
Richmond. I have been extensively engaged in
sporting transactions ; and I may say that, ti( xt
to Lord George Bentinck, I have been sue-
eestful, and have some of the best hems oo
the turf. On the afternoon of the 18th cf this
month I was in James•s:reet, Haymarket, where I raw
the two defendants. They were coming in the direction
of the Hay market, and I was going away from it. They
were then arm-in-arm, but as soon as I got close to
them they unclosed their arms, and stood about half a
yard apart. James Davis then, putting himself in a
menacing attitude, said to me, " What do you want with
us?" I said I did not want anythin to do with people
of their class, as I under, teed they had been to m) hotel
at Richmond for the purpose of vilifying my character.
Upon this, :limes Phineas Davis seiz. d the stink I held
in my right baud, and David Davis immediately struck
me with a larger stick that he held in his hand. The
stick he had in his hand was large enough, I should say,
to fell an ox. He struck me on my neck, but the blow
was evidently aimed at my head. Seeing the formidable
nature of the stick, I endeavoured to get the stick from
him. David Davis then seized me by the collar, while I
with my left hand held the stick in his hand. My right
hand was engaged in trying to preserve my own stick
from Phineas Davis, but lie almost immediately wrested

it from my hand. I was then engaged in holding the
other stick with David Davis, and my hat falling off,
James Phineas Davis then, with my own stick, struck
me violent blows, and on various parts of my body. A
crowd collected, and a police-constable came up. I never
attempted to insult, or offered any gesture of defiance to
the defendants.
Cross-examined by Mr. BALLANTINE—Mr. Davis's
stick was much thicker than mine. The two men both
attacked me, and on endeavouring to preserve my stick
I was placed in an unfavourable position, and heir], off
my guard David Davis seized me by my neckelog. I
will swear my hand was not raised against the defen-
dants first. This I believe arose out of an affair re-
specting a Mr. Clifton, and I was charged with fraudu-
lently obtaining a number of bills which are at present
the subject of a suit in Chancery.
Mr. SLEIGIZ objected to thin line of inquiry on a sub-
ject which was in the course of investigation in a supe-
rior court.
Mr. BALLANTINE said he wished to test the credit of
the prosecutor by his previous transactions.
The prosecutor was cross-examined at great length,
and questioned in reference to assumed previous trans-
actions, with a view to impeach his credibility.
Mr. John Gubert was the next witness. He said that
he was a baker in the employment cf Mr. Barker, P:ar-
son-street, Kiegeland. On Thursday afternoon, the
18th instant, he was in James-street. Ho saw Mr. Da-
vid Davis try to throw Mr. O'Brien. He caught hula of
him by the throat, when the other gentleman struck
him with a stick. He never saw either of the persons
before. The first thing he saw was the seizing him by
the collar. A person who was by called out " sham?
upon which Phincas Davis said, " That is the noted
O'Brien, the extortioner."
Henry Hockley said be was passing:through James-
street ou the afternoon in question. His attention was
attracted to something going on. A desperate struggle
took place between the prosecutor and David Davis.
The witness then went on to give corroborative evi
dente of the assault upon the prosecutor.
This was the case for the prosecution.
Mr. Ballantine then addressed the jury for the defen-
dant James Davis.
Mr. Parry addressed the jury for the other defendant.
The jury retired to consider their verdict, and after an
absence of half an hour returned into court with a ver-
dict of Guilty against both prisoners.
Mr. WITHAM said the sentence of the Court was thet
each of the defendants pay a fine of 501. to the
and be imprisoned until such fine was paid. Queen,

POLICE INTELLIGENCE.
WESTMINSTEII.
Mr. James Pugh, tailor and ou' fitter, of 117, Jermyne
street, St. James's, underwent a very lengthened re-exa-
mination before Mr. Arnold, charged with having, by
the agency of boys, uttered two forged cheques.
H-cry Hankers stated that on the 24th of November
the prisoner met him in Sr. James's-park, and asked him
if he cooed go as for as King-street for him. lie then
took him into New-street, Spring-gardens, arid told him
to wait a minute, and immediately afterwards joined him
without a hat, and having told him that he belonged to
the house 17 in that street, gave him a letter addressed
to Mrs. Faulkener, and told him he must be careful, as
he would have to bring money back, adding that be
(prisoner) ought to go himself, but that his master had
a dinner party and be could not spare time. Witness
took the letter, got 204 103. from Mrs. Faulkener, and
was met upon his return, near No. 17, by the prisoner,
to whom ho gave the cash,l and prisoner then gave him a
shilling for his trouble.
In reply to questions from Mr. Arnold, witness said
he next saw the prisoner at the House •of Detention,
Clerkenwell, whither he was taken by a police officer,
who told him that it was to see for the man who had
given him the cheque. He was shown into about a dczen
cells where there were prisoners before he came to the
one where he recognised the accused. Nothing was said
by the officer to point out the prisoner. The officer was
not in the cells with witness.
Ia cross-examination by Mr. Payne, the witness said
that while in the waiting-room at the prison, before vi-
siting the cells, there was somebody walked by the door
in the passage, accompanied by another gentleman, and
the officer said that was the man. Witness was looking
oat of window at the moment the officer said so, but
turned round and saw two persons, and merely caught
sight of their forms, as they passed along
the passage by
the door so quickly.
Mr. ARNOLD put some further questions to the wit-
ness, and elicited that, although he bad in his visit to the
cells seen a dozen or more prisoners before he identi-
fied the accused, some of these were boys, others appa-
rently navigators, and that the prisoner was the only
well-dressed person he saw.
The officer was called, who said he told witness that
the object of his visit to the prison was to see whether
he could point out the man who gave him the cheque;
but ho positively denied that, when the prisoner passed
the waiting-room door, he had said to Hankers, `• That
is the man." Witness did not hear any observation
made at the time prisoner passed the door. Did not
hear the words, " That is the officer who took me into
custody." The boy was sitting at the window with his
back towards the door, and did not move, although be
might have looked towards the door, in the opening of
which witness was standing.
Mrs. Fauikener and Mr. Partridge were then exa-
mined—the former to show that she gave the 201. 10e.
to a boy who brought the letter purporting to be writes5
by Mr. Partridge; and the latter to show that it was
forgery.
This being the whole of the evidence for the p
tion in Mrs. Faulkener's case,
rosecu-
g
The boy White was put into the
ppect to the charge of uttering
i a to-ebe sent by Dr.
Kirby, at Brampton, purporting e were detailed
Bawdier. The particulars of this feltscharg d cheque to Mr.
with re-
ouly a few days ago.
he was taken
from custodyby
the day after his discharge from Mr. Payne he said that, on
street, where acme in-
quiry
In cross-examination by
the police to
the
however,Sunday fortnight,shout
pm e a
uh,al I
whilef-p a st
he went into Jermytnstreet to
• the evening,
seven in
person whom ho believed come, au
meet the officer,
near 117
Ras mode. On
be stawheadid now feel a little doubt
prisoner—but
man—enter No 117. It did whether be
was rho
nut occur to him,
although he thought ho had seen him bet
some-
where, that he was the ore man who gave him the ' q
ue
if
until he saw him go into that house, and elr
he had not
entered it ho should not have thought
nexion with the tran l
saction. of him. in curl-
him the note. e believed prisoner gave
Mr
• Kirby and the Rshow that a ev, Dr. Bowdlnr were called to
former. forged cheque had been tendered to the
Mr. Payne addressed the magistrates at great lengthc tent.
Ann Pannell was then called, and proved that the
prisoner and his family moved from Storey's-gate on
the day he was alleged to have met White and given
him the cheque in the evening; that she accompanied
the accused and his wife to their now apartments at
Notting-hill, and that he never left the house that
evening.
Mrs. Harling, the landlady of the new apartments,
not only confirmed the alibi, but declared that the ac-
cused was in bed at seven o'clock on the night of Sun-
day fortnight, in which she was corroborated by ac.
cnsed's wife's nurse, and two witnesses from 117, Jilt-
mynestreet, were called to show that he did not go there
en the evening in question.
Mr. Cresswell, a solicitor, who is the accused's father-
in-law, said ho visited him at the orison on Thursday,
and after a conference with him observed the officer and
a lad with him. The accused sad, " I find the officer
who arrested me is lisle," end, added, poi;., to the
officer, " That is the man. The boy (Hankers) aed
the officer were at that time standing with the room-
door open, looking at them. Witness and the accused,
after going towards the officer, rearmed again along the
passage to the waiting-room door, when the accused re-
peated, in allusion to the officer, " That is he,'' but said
it was riot the same boy (White being the only boy
who appeared against him on the prey10119 . • examination).
Mr. ARNOLD said—ln the present state o. f the case the
evidence is not euffieient to sendthe •
prisoner fur trial,
and he is discharged.

LAMBETH.
Daniel Frazer, Eliza Frazer, big wife, and John
krager, bie brothers were brought up for Aug Qz4Luiug-