The Sun.
London, England, 1864-08-05 00:00:00

THE BUN, LONDON, FRIDAY EVENING, AUGUST 5, 1864.

LAW IN TELLIGENCE.—This Day,

SHERIFFS' COURT.
(Before Mr Under-Sheriff Burchall and a Jury).
STANFORD V. HANDFORD.

The plaintiff was formerly a member of the Corps of
Commissionaires, of which the defendant is the sergeant
major. He had brought an action for assault and false im-
prisonment, which being undefended, came to-day before
the court for the assessment of damages.
Mr Best appeared for the plaintiff, and Mr Wood for the
defendant.

From the opening speech of the learned counsel for the
plaintiff, afterwards supported by evidence, it appeared that
Stanford had had considerable difficulty in obtaining a
settlement of his claim upon Captain Walter, the manager
of the carps, for services rendered as a member of the
band. On the 19,h January last ho insisted on being paid,
when the defendant, taking offence it was supposed at the
persistence of the plaintiff, rushed at him and attempted to
take from him by force a euphonium which Stanford was
in the habit of 'playing. It was not disputed that this
musical instrument was the property of Captain Walter,
and had been entrusted to Stanford, in whose sole posses-
sion it had remained for several months, and who paid a
stipulated sum for its hire, as well as for the use of the two
snits of uniform supplied to him. Stanford demurred to
deliver up the instrument until he was paid, whereupon a
police-constable was sent for, and the officer declining to obey
Handford's command to take it forcibly from the plaintiff,
who, at the time, believed he had a lien upon it, was then
ordered by Handford to take the plaintiff into custody on a
charge of stealing the musical instrument in question. He
was accordingly conveyed from the barracks of the corps,
in the Strand, to the police-station, in Bow-street, Hand-
ford accompanying the police constable in charge of the
plaintiff. On the case being stated to the inspector, that
officer at once ordered the discharge of the plaintiff on the
ground that there was no pretence for charging him with
felony. The euphonium and the clothes were afterwards
given up, but the plaintiff had failed to obtain payment of
what was due to him. It was alleged as an aggravation
that the defendant went to the office of the Vintage Wine
Company, where the plaintiff was engaged, and sought to
deprive him of his employment. Mr. Best urged that the
character of his client, extending over 25 years good con-
duct in the army, and in the police force, ought not to have
been endangered by such arbitrary and illegal conduct, and
the learned counsel eloquently demanded redress.

Mr. Wood having addressed the jury in mitigation of
damages,

The Learned Under-Sheriff said it was most important
that people should distinguish between cases calling for cri-
minal proceedings and those requiring civil process, He
had heard in this case of a sergeant-major and his superior
officers, but although this corps appeared to have some-
thing like a military organisation, he believed it was not
regularly constituted or legally recognised by the autho-
rities, but was a society mutually agreeing among them-
selves.

The jury returned a verdict for the plaintiff, damages £lO.

COURT OF BANKRUPTCY.
(Before Mr Commissioner Goulburn.)
IN RE RICHARDS.

This bankrupt was a carpenter, cf Mile-end Old Towu,
and this was an application for release from custody.
Mr Sargood, on behalf of the trustees of a lady named
Hamilton, opposed on the ground that the bankrupt had
put the detaining creditors to a very large expense
in consequence of his having seized and taken
possession of certain property. The leases of
the property had fallen in, and the bankrupt, acting
as the agent of two females who had set up a claim
proceeded to collect the rents, and was charged be-
fore the magistrate and fined, but that had no effect, for
the bankrupt continued his proceedings, and on the case
being again heard the question of title was raised, and the
trustees were compelled to bring an action to recover the
property, and a verdict was given against him. The trustees
had bean put to £4OO expense, and the bankrupt was liable
for £lBO costs. Mr Sargood asked that the release should
stand over until after the choice of asssignees.

The release was therefore refused.
IN RE ESTCOI7RT.

This bankrupt was a barrister at the Isle of Wight, and
this was a meeting for last examination and discharge,
whioh was adjourned till November next by consent.

NEW RELE.

His Honour said ho must lay down a rule not to hear
applications or other matters before those on the list had
been disposed of, and it would be desirable to take the un-
opposed cases each hour before the opposed cases, and that
would relieve many persons from further attendance. This
course was adopted this morning, and certainly afforded
considerable relief.

POLICE INTELLIGENCE—This Day.

BOW-STREET.

A stupid looking boy, about 17 years of age, who was, or
affected to be, deg and dumb, was charged with stealing a
pocket-book from the person of George Power.
As the prisoner u hen spoken to presented a dogged silence
and seemed not to hear a word of what was said to him, he
was put back, while the constable fetched a person ac-
quainted with the finger alphabet to interpret,
On the arrival of the interpreter he was instructed to
ask the prisoner his name, and put the question by means
of the usual sign, making them very slowly and distinctly.
The prisoner, however, by a shake of the head and a wava
of the hand, indicated willingly enough that he did not
understand.

The interpreter—He Pretends not to understand.
Mr Vaughan—Then do you think that he really does
understand ?

The interpretor—lf he is deaf and dumb he must under-
stand, for he could not supply his most ordinary wants
without some such mode of communication.

Mr Vaughan—Perhaps he is mute of malice. Prisoner,
you have pretended not to understand what is said to you
in words, and now you either do not understand, or pretend
not to understand, the alphabet used by the dumb. I must
assume that you have some means of communication, and I
shall proceed with the case, and the evidence shall be given
in the natural language.
George Power deponed that about three o'clock this
morning ho was sitting on a bench in the mall in St James's
Park. The prisoner was sitting beside him. Witness hav-
ing felt something touoh his coat, put his hand in his
pocket, and missed his pocket-book. A hole had been cut
in the pocket. He accused the prisoner of robbing him,
when the prisoner pointed along the mall, and indicated
by gesture that some person had ran away. He therefore
detained the prisoner until a constable came up and took
him into custody. In the meantime the prisoner struggled
violently, and witness was obliged to throw him down.
The prisoner kicked him about the legs, bit him in the
cheek, and pulled out a handful of his whiskers.
Police-constable Kirby, 100 A, deposed that ho found the
prosecutor and the prisoner struggling on the ground, and
took the prisoner into custody. On searching him at the
station house, the purse was found concealed in the leg of
his trousers. It was identified by the prosecutor, who
valued it at 2s. It contained nothing but memoranda.
The Interpreter said he thought he could convey the
evidence to the prisoner by gesticulation.

Mr Vaughan thought it was unnecessary, and addressing
the prisoner the magistrate said,—Whether you stand
"mute of malice," or whether you really can not under-
stand, is more than I can tell, but there is sufficient doubt
to satisfy me that 1 ought not to dispose of this case. I
will send you for trial, and leave it to a jury to decide. As
a matter of form I will admister tho oath.

This was done, and the prisoner, .who still remained
mute, whether of malice or otherwise, was committed for
trial,

MARLBOROUGH-STREET.

AN AUCTIONEER CHARGED WITH A SERIOUS ASSAULT.
—Mr Edward W. Cannon, auctioneer and house agent, of
No. 4, Hart-street, Bloomsbury-square, was charged before
Mr Knox with violently assaulting Alfred Howley, a young
man employed as a waiter at Mr Gilbert's oyster rooms,
No. 5, Oxford-street.

Mr E. Lewis, of Great Marlborough-street, appeared for
;he prisoner.

Alfred Howley said—Last night ➢lr Cannon's servant
brought back a lobster, objecting to it, and asked for the
money to be returned. This was refused, and Mr Cannon
then brought it back himself, and created a great disturb•
ants, calling in some loose women who were about. I
put my hand on his arm. to put him out of the
shop when he knocked me down and kicked] me in the
chest. I had requested him several times to leave.
Mr Knox—Was Mr Cannon drunk or sober?
Howley—He was sober, and all I did was to put my
hand on his arm to get him out.

By Mr Lewis—l refused to return the money for the
lobster, because it was not all there, The shop is next door
to the Oxford Music Hall. About a dozen women were in
he place. I did not take up a knife and look at Mr Cannon.
My mistress took the knife I had been using off the coun-
ter and went into the parlour. When I put my hand on
Mr Cannon I had not a knife in it. There were several
persons present at the time.
Wm. Good, also in the employ of Mr Gilbert, said—Mr
Cannon came in last night and caused a great disturbance,
and a crowd collecte I round the shop. He would not leave,
and Howley put his hand on his arm, and then Mr Cannon
knocked Howley down and kicked him in the chest.
By Mr Lewis—Howley had no knife in his hand when
he approached Mr Cannon. The knife was taken away and
put in the parlour, but that was because Mr Cannon said he
would knife Howley. I do not know whether the knife
was taken into the parlour to prevent complainant using it.
Joseph Newington, a young man, who was passing at the
time, said—l saw Mr Cannon in the shop showing a lobster
to everyboby, and complaining about not getting his money
returned. I saw Howley knocked down and locked.

-----
By Mr Lewis—Howley had not got a knife in his hand,
William Moorcroft, 165 E —I was called to the shop, and
there was a great disturbance. I saw Mr Cannon knock
down Howlay, and then kick him. Mr Cannon 110 been
drinking, and wanted to g've the Waiter in ch4tr,
By Mr Lewis—Mr Cannon said Howley had R knit in
his hand, but I saw none.

Mr Lewis addressed the ma2;is!rate at some length in

Mr Cannon's behalf, and called a witness—Mr Porter, of 2,
Tavistock-street—who gave evidence which did not mate-
rially affect the evidence of the other witnesses.

Howley—l have spat blood all night, and have two hand
kerchiefs saturated with it.

Mr John Powdrell, of 46, Great Marlborough-street,
M.R.C.S., said I have examined Howley,and do not think
there is any danger from the injury he has received.
Mr Knox—A more brutal and dastardly act 1 never heard
of. You (Mr Cannon) a man of enormous strength, knock
down and kick the waiter, who is a mere boy and scarcely
half your size. I will no: send you to prison, which pro-
bably would have the result of ruining you for life, but I
shall inflict the highest penalty upon you that the law
allows, believing that the publicity the affair will obtain
will fix upon you a stain
,rou will not get over for many a
long day. You will have to pay £5, or be committed for a
month with hard labour. I am sorry that lam not enabled
by law to give the waiter tome compensation.
Tho fine was paid. .

A WILD Boy's CAREER .—John Williams, a short
thick-set boy, was charge( before Mr Knox with stealing a
pair of boots from a boutqaker in the Tottenh9.m-oourt-
road.

The case was proved agtinst tho boy, who all the while
he was in the dock grinned, and seemed rather pleased at his
position.

Mr Knox asked him if lb had any parents ?
The boy said he had na mother, and his father was in
America.

the gaoler of the court, to
Barns,to his history, and Barns after-
wards had informed him that he had
makebeel nirii inquiries
reported
nupoirrxii seosonortfdhaetarhtteetahbeYs boyMaidstone, Holloway, Wandsworth,
Coldbath-fields, and elsewtete for robberies, and that „he
was anxious to go to sea.

The boy said he had to steal fora living, as he was not
allowed to beg.

Mr Knox--The boyjwas to be pitied, for, as he stated if he
begged ho was locked up and he had no means of living.
He should commit him for a month, with hard labour ; and
if he was really sincere in hit wish to go to sea, and came
to the court when he came ott of prison, he would see what
could be done for him.
The boy seemed much pletsed at the result.

SPORTING INTELLIGENCE.

BRIGHTON CLUB MEETING,—TituttsDAY.

A card containing 10 races was a return to the much-
abused Ascot programme, the length of which has been so
much commented upon by the various sporting journals.
The Club had evidently considered quantity instead of qua-
lity, so a move to the Course at an early hour was rendered
necessary.
Some excitement was caused on the arrival of the papers
from town by the announcement, which appeared in The
Sun, that Scottish Chief was scratched for the St. Leger.
Rumours had been current to that effect last evening, and
this morning brought the confirmation.
The Claret Stakes, with gentlemen riders, and for which
the non-staying Bertha was made a warm favourite, were
carried off by Nebula. An objection against the winner on
the ground of her not having reached the post when the
flag was lowered was overruled by the stewards.
The 100 Sov Plate was won very easily by Nukuheva, a
very questionable piece of riding on the part of the jockey
of Anti-Macassar, the second horse, opposite the Stand,
being greeted with deserved marks of disapprobation as he
passed the chair. Neither the owner nor trainer of the
horse was on the ground ; Lord Portsmouth, one of the
most honourable men on the turf, having the misfortune to
stand sponsor to him on the occasion. The rest of the

racing was unimportant in character. Le Mandarin easily
disposed of his field in the Biennial, and then came a suc-
cession of plates and sweepstakes, with small fields, and
horses of no particular calibre, . There was a falling off in
the attendance from that of yesterday, though the weather
was still beautiful.

The Second Year of the Fifth Brighton Club Biennial
Stakes of 10 soya each, with 60 added; for 3-yr-olds ;
colts, Bst 105 ; and fillies, Bst 71b ; winners extra. Bris-
tol mile. 6 subs.
Lord Uxbridge's Durham, 9st 41b (including 31b ex)
• (J. Goater) 1
Mr Payne's Olivia, 9st llb (in 81b extra) (H. Grimshaw) 2
Betting-3 to lon Durham, who waited upon Olivia to
the Stand, where he got up, and won easily by a length.
The Claret Stakes of 5 soya each, with 100 added; win-