The Sun.
London, England, 1864-06-13 00:00:00

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

EXTRAORDINARY CHARGE.-Mr William Marshall, of
No. 4, Paper-buildings, Temple, ani Mr George Ennis
Vivian, of No. 5, Clarence-street, Greenwich, were charged
before Knox with being drunk and fighting in Regent-
street.
Inspector Wilson, C division, said—On Saturday evening
about a quarter-past 10, while in company of Inspector
Silverton, I saw a crowd of persons in Regent-street, and
on going up found the two defendants fighting tegether in
the roadway. I heard a gentleman say to Marshall " Give
it to him. Let him have it." Marshall then struck Vivian,
who fell and was quite stunned by the blow, and could not
stand. Both defendants had been drinking—Vivian the
worst of two. I took Marshall into custody, and Silverton
took Vivian.

Inspector Silverton—l was with Inspector Wilson and
siw the defendants fighting. I heard Marshall say after
striking Vivian, That will settle him."
Mr Marshall said—l had dined at Verey's with a friend.
and so far from being intoxicated we had only had one
bottle of champagne between us. On passing down Regent •
street I was grossly insulted by Vivian. I immediately
turned round and struck Vivian, ane after a few blows had
been exchanged I knocked Vivian down. The police then
egoe up and without knowing anything of the cause abused
me. On arrivin; at the station they refused to admit my
friend: Vivian also abused me at the station, and although
I claimed the protection of the acting inspector, no notice
was taken. One of the inspectors said I was "no gentle-
man." All I have stated I have a friend in court to
corroborate.
Sergeant Basen, a:ting inspector at Vine-street Police-
station, said—On the defendants being brought in and
charged I took the charge in the usual way. Vivian was
was drank, but the other was not, although he had been
drinking. The defendant Marshall wanted bail, and bail
was taken at a quarter past 11. No person appealed to him
for protection, neither did he hear either of the inspectors
say Marshall was "no gentleman."
Mr. Marshall—l'll swear the expression was made use
of. When it was found who I was they altered their tone,
and were quite respectful.
Mr Knox—ls it not the case, Mr Marshall, the, having
been dining, and having taken a glass of wine or two, you
were excited—the more so, as you allege you were insulted ?
What was the nature of the insult?
Mr Marshall—l had taken no more wine than usual, and
was not excited. Vivian put his hand on my person as I
was walking arm-in-arm with my friend.
Vivian—l had been drinking too much, and was aot
accountable for my actions.

Mr Knox—lf you are guilty of what Mr Marshall states,
it is a most abominable thing.

Major Ray, of 2, Queen's-gate-place, Kensington, said—
I had been with Mr Marshall in the country all day, and
after dining at Verey's we were walking down Regent-
street. Suddenly Mr Marshall left my arm, and then came
back, saying " That man has indecently assaulted me."
Mr Marshall then knocked Vivian down, and I think acted
quite right. I should have done so myself.
Mr Knox—As a magistrate I cannot say that. Mr Mar-
shall should have given Vivian into custody.

Major Ray—l was telling the inspectors what happened
when they came up, but they refused to hear me. At the
station-house they refused to hear me, telling me that I
must wait till I got before the magistrate. They were very
uncivil. On offering to bail Mr Marshall they said they
could only do so en seeing my last receipt for poor-rates.
I told them I did not carry it about in my pocket, and then
left and got a person to bail Marshall.
Mr Knox—l shall discharge Marshall. Having been
subjected to such an insult as he states, it was a most
natural thing for him to do as he did. With reference to
any incivility from the police, all they saw was two men
fighting and one knock down the other.

Mr Marshall—They treated me like a pickpocket, and it
was at my own suggestion I went to the station.

Mr. Marshall then left the bar, and was examined as a
witness. He said—l was walking arm-in-arm with Major
Ray, when I suddenly felt a man run against me and put
his hand on my person. I said, " You scoundrel." I
struck Vivian, the man, and knocked him down. The
police—
Mr Knox—lf you are aggrieved at the conduct of the
police you can apply to Sir R. Mayne.

Mr Marshall—l will swear the inspector sail I was no
gentleman.

Mr Knox—Was Vivian drunk ?

Mr Marshall—l should say he was.
Vivian—No one more regrets what has happened than
myself.
Mr Knox—You get drunk, commit an indecent assault,
and afterwards in fighting you are knocked down. I can-
not justify Mr Marshall's doing that, but I think every
body will say his conduct was excusable under the circum
stances. I shall order Vivian to find one bail in £5O to keep
the peace for 6 months, and he may think himself fortunate
he is not at the sessions.