The Sun.
London, England, 1864-09-06 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, SEPTEMBER 7, 1864.

MIDDLESEX SESSIONS—Sept. 6.

(Before Mr Sergeant Gaselee.)

Philip Muller, 51, a skindresser, and a German, was in-
dicted for feloniously assaulting and wounding Chas. Jones,
with intent to do him some grievous bodily harm.

Mr Harry Palmer prosecuted. Mr Metcalfe, instructed
by Mr T. Beard for the German Legal Protection Society,
defended the prisoner.
It appeared from the evidence that the prisoner and pro-
secutor were together in the Wheataheaf public-house, in
Leman-street, Whitechapel, on the afternoon of Saturday,
the 27th of August, and while there a girl, named Martha
Bell, went into the taproom for the purpose of toasting some
bread. While she was doing so the prisoner went up to her,
put his arm round her waist, and indecently assaulted her,
The prosecutor remonstrated with him as to his unmanly
conduct, telling him that he ought to be ashamed of himself,
and especially so if ho was a married man. The prisoner
swore at and then struck him on the chest, The prosecutor
retreated, when the prisoner struck at him with a knife,
inflicting a severe wound on the forehead, which penetrated
to the bone. He then ran away,but was pursued and given
into custody. The prosecutor was taken to the London
Hospital, where his wound was dressed, and he left, It
was an incised wound, and penetrated to the bone.
Mr Metcalfe said he could not struggle against a convic-
tion, but he had been retained by the German Legal Protec•
tion Society to protect poor Germans, and this man had
been reported to them as of a very quiet nature, but he took
too much beer, and then committed this offence. _ _ _

This assertion of the learned counsel waa contradicted by
the witnesses, who said that when the assault took place
the prisoner was perfectly sober.
The Jury then returned a verdict of guilty,
Mr Sergeant Gaselee severely commented upen the con-
duct of the prisoner in first committing an indecent assault
upon a child of tender years, and then stabbing the prose•
cutor with a knife, which was a most serious offence. In
England they sometimes allowed an excuse for the use of
the fist, but never when the knife was used, and it was
nothing to the credit of the prisoner thatihe had not com-
mitted a far more serious offence. ,That he had not done so
was the act of Providence and not his own. and therefore
the sentence of the Court upon him was that he be impri-
soned and kept to hard labour for 12 months.
Charles Dawson, 24, lighterman, was indicted for steal-
ing 21 bottles of brandy, the property of Fred. Stutchbury,
from a certain barge called the Frederick, in the port of
London. _ _ _

The case was cleaaly made out. A previous conviction of
two years' imprisonment for felony was then proved against
him. •

Mr Sergeant Gaselee said under the new act he had no
alternative but to sentence the prisoner to be kept in penal
servitude for seven years.
John Quoid, 28, boiler maker, was indicted for mali-
ciously inflicting grievous bodily harm upon Charles Cole.
Mr Bealey, instructed by Mr Beard, prosecuted ; Mr
Collins defended the prisoner.
Mr Besley, in opening the case for the prosecution, said
the prisoner was indicted for assaulting the prosecutor and
doing him some grievous bodily harm ; and although they
had been sworn to try a misdemeanor, they would find that
this was a case that would demand their most serious atten-
tion when they saw the state the prosecutor was in, so
severely wounded as to be unable to appear in the witness-
box to give his evidence. The deplorable affair took place
so far back as the month of May last ; but that time would
be accounted for in a great measure when they learned that
the prosecutor had been upwards of seven weeks an inmate
of St. Bartholomew's Hospital. It appeared on Wednes-
day evening, May 7th, the prisoner entered the house of
the prosecutor, who is the proprietor of the Windsor Castle
Tavern, in the City-road, being at the time the worse for
liquor and asked to be served with more drink. This was
very properly refused ; but, like more of his class, the
prisoner thought he could get what he required by
making use of the most foul and disgusting language, and
when asked to desist, he became more violent, and
threatened personal injury to anyone who should inter-
fere with him, and went so far as to threaten their lives.
The prosecutor's mother, who was in the bar, tried to per-
suade him to go away, but to no effect. Finding that good
words were thrown away on the prisoner, the prosecutor
went round to the front of the bar, opened the door, and told
the prisoner to go. The prisoner then in the most savage
manner rushed on the prosecutor, seized him by the neck,
and when outside the house tried to strangle him. The pri-
soner then threw him down, and fell upon him with all his
force. The prosecutor got up and tried to get away from

him, and go into the house by the side door, when the
prisoner rushed at him, kicked him three times on the leg,
the effect of which was to break it in two places. The pri-
soner then ran away, but was pursued by a witness named
Huckle, who was passing at the time, and when overtaken by
him, prisoner kicked him in a most savage manner, and at
the same time used threats of a very violent nature, and he
seemed more like a wild beast than a man. The prosecutor
was taken to St. Bartholomew's Hospital, where he kept his
bed for several weeks, during which time his life was in
great danger, and he would probably suffer through the
injury for the remainder of his life.

The prosecutor was brought into court, walking with a
pair of crutches, and being accommodated with a seat on
the floor of the court, gave in evidence the facts above stated,

and his evidence was coctirmed by several other witnesses.
Mr Bowater John Vernon, house surgeon at St. Bartholo-
mew's Hospital, said about eleven o'clock on the night of
the 7th of May the prosecutor was brought to the hospital.
His left leg was broken in two places below the knee, Both
bones were broken, and the whole of the leg was very much
bruised. Mr Cole was quite sober, For some days after
he was very ill, and for a week his lite was in danger. Ha

remained in bed in the hospital uatil the 15th of July, and

then he was discharged a cripple. Ho was for a portion of
the time suffering under delirium tremens. It would be
some time before he would recover, end one leg would be
shorter than the other for the rest of his life.
In cross-examination by Mr Collins, he said that the
broken leg would still be a very useful one, but it would
always be a little shorter than the other. The prosecutor
had delirium tremens, and but for this his leg would have
been amputated.
Mr Collins—Then it was a very good thing fur him that
he had
v ddeeriniroin_in his case it did, fur if ho had not had itum tremens, as it saved his leg.
his leg would have been amputated.
Mr Collins—Then delirium tremens saved his leg. Had
he not had it his leg would have been cut off ?
Mr Vernon—Most probably his leg would have been cut
off.

--
Mr Collins—Then do you cut off people's legs if they do
not happen to have delirium tremens ?
Mr Vernon—We should have endeavoured to save the
man's life by cutting off his leg.
Mr Collins said in such a case ho would advise persons
who might have a broken leg never to go to St. Bartholo-
mew's Hospital, or they would have it cut off unless they
had got delirium tremens.
This was the case for the prosscution.
__

- —... ........ ___
Mr Collins, for the prisoner, said it appeared, according
to the evidence of the surgeon of St. Bartholomew's Hos-
pital, he would have cut off the leg of the prosecutor, there-
fore it was fortunate for him that he had that dreadful
malady. Under such circumstances the learned counsel
would advise people to be very shy in putting themselves
under the care of this surgeon of St. Bartholomew's Hos-
pital if they had a broken leg, and unfortunately did not
have delirium tremens. He then went on to contend that
there was no malicious intention, and hoped the jury would
consider that the case only amounted to a common assault.
The jury found the prisoner guilty of an assault for the
purpose of causing bodily harm.
Mr Sergeant Gaselee said this was a very brutal act, as
he (the prisoner) had rendered this man
The sentence of the Court upon him was, that he be
to comFmenitwaiefkle3nl
im-
prisoned and kept to hard labour for 18 calendar months.
a cripple for life.
George
labourer, Ellen Evans, 27, Edward Sayer, 30, bootwaker,
and John Davis, 23, boot-closer, were indicted for being
found by night, without lawful excuse, in the possession of
Mr Grantham prosecuted ;
.shoemaker, Faederick Newland, 22,
a jemmy and other implements of housebreaking, with in-
tent George Ran th© prisoners were unde-
fended.
past 12 o'clock a ' as with Inspector Potter on
t night, he Ny
Clerkenveell-green, near to the Sessions-house, in plain
clothes, when he saw the male prisoners at the bar. They
ger, Ig9 G, said on the 18th August, at half.
followed them into Leather-lane, from there into Bald-
win's-gardens,
and from there into Baldwin 's-Place. There
they were met by two females, of whom the prisoner was
one. He stood still for some minutes, and saw Fenwick
and Davis pass him, and he
then lay under a cart and
watched them. While he
Fenwick pass a jemmy to was watching them ho saw
Newland. Saw Newland try
to force a door, about three yards from tho cart under
which ho was lying, with the iewinY• He crept out of
his hiding place to see if he could find another constable.
Ile saw Police-constable 118 0 (Bucketone), and as he was
speaking to him Fenwick came close to him and gave the
alarm, and the others ran away' He saw Sayers pass
something to Evans. lie followed Fenwick and Newland
to Liquorpond-street, and there took them both into ens.
tody. Ho told them that he charged them, with others, for
attempting to break open a warehouse in Baldwin's-place,
and they said they knew nothing about it. Having left the
prisoners at the station house, he went back and found marks
of violence on the door. He afterwards saw the female pri-
soner with another man not in custody. He took her into
custody, and asked her what she had got about her, and
she said " Nothing." He charged her with being concerned
with Newland and Fenwick in committing a robbery. Ho
jemmy,
aciensulrtig,nmwsi
awaytpyinte,
ndcetsso hsr
heopesnoahtti
afterwards asked her if she had got any skeleton keys about
tdeheaerer,hanoeisfgohths :eel t
iGnhnoi.
nt
question,d.
gi Asvdisr oi
otphne,w spwha riihcidshoohnweseoawruss
anie e.sdn
w,e ;iio ,
ter:i,
ivrktauhotnee a-
clothes, and instructed him. He passed the prisoners and
looked at them. He next saw Fenwick and Newland in
Ile left Ranger to go to the station house to get
otherofficers to assist him. Ranger brought into the sta-
tioneustod iy4il.
house Fenwick and Newland, and having
addresses given by them, he went to Fenwileliec lodgings,
No 4, Verulam-street, Gray's Inn-lane, where
4,
S
n ofhbaeeecrefdonuttrnhed
two skeleton keys, a small chisel, and a porti e.
bit. He was present when the woman Evans was brtmll t