The Sun.
London, England, 1864-09-28 00:00:00

BOW-STREET.

SERIOUS CHA ROB AGAINST THE BROTHER OF AN
ADMIRALTY CLERK.--William Evans was placed at the
bar, on remand, charged with obtaining a quantity of goods
from Mr Merrifield, by false representations.
The prosecutor is a tailor, carrying on business in the
Strand. The prisoner a short time ago went into his shop
and entered into conversation with the shopman. He said
he was a clerk holding a responsible situation in the Ad-
raPy, Somerset-house, and he wished to have a coat made
for him, foe which he would pay in a few days. Mr.
Merrifield told him he was an entire stranger, and that he
Ras not in the habit of giving credit to persons he did not
know. The prisoner then asked the prosecutor
whether he doubted his representation about his being
engaged, as ho represented, because if he did, he had better
accompany him to Somerset House. The shopman went,
and the ptisoner entered one of the rooms in the " Tran-
sport Department,'' and from the manner in which the pri •
Boner conducted himself there, he believed all that he had
stated was true. The coat was made, and on being taken
to the Transport Office the prisoner gave him an I 0 U on
the official paper, telling him at the same time to call in
a few days and he would pay him the money. Before, how-
ever, the I 0 U was presented the prisoner obtained a pair of
trousers, saying he wou'd pay both together. The prosecutor
wanting the money went to the Transport Office, and on
presenting the I 0 U, he discovered that ho had been
deceived, as the prisoner had personated his brother and
signed his name to the paper, he being the person holding
the Government situation,

On the case being called on, a solicitor on either side was
in attendance; but Mr Merrifield informed the magistrate
that Mr J. B. Evans, fur whose appearance tha case had
been adjourned, was not in attendance.
Mr Vaughan—Did you give him notice that he would be
required to attend.
Mr Merrifield—Yes, on two separate occasions I told him
he would have to attend.

Mr Vaughan—He may yet come, so I will delay pro-
ceeding for the present. if he does not I shall issue a sum-
mensfor his attendance.

The prisoner was then put back, and the constable went
in search of Mr J. B. Evans. Upon his return,
The solicitor for the prosecution, addressing the magis-
trate, said—Sir, the brother of the prisoner, who is a mate-
rial witness, is not in attendance, and therefore I must ask
you for a remand, until Mr Evans is forced to attend by
summons, or if necessary by warrant.
Mr Vaughan—ls there any other charge against the
prisoner ?
Police Constable 100 F—Yes, sir, there are several,
Mr Vaughan—Are the parties present!

Constable—ln two cases, but one of them, an optician,
who had sold him two opera glasses, declines to prosecute
becalm he is friendly with— _ _

Mr Vaughan—Never mind the reason. The charge is
only one of misdemeanour, and if the parties refuse to ap-
pear, that is enough. What is the other case ?
Constable—A bootmaker, who charges him with obtain-
ing goods from him.
Mr Vaughan—Then I will take that case if the witnesses
are in attendance.

Mr Wontner, who appeared for the prisoner, here asked
that the evidence taken on the first occasion should be read,
which having been d,ne,
Mr Vaughan said—Now, let me hear the other case.
The bootmaker, however, ready as he appeared to prose-
cute before the delay, here shook his head and said he should
decline to prosecute.
CJnstable—They have been—

Mr Vaughan-4f he reclines to prosecute there is an end
of it. I ehall now formally remand the prisoner on the
first charge.

Mr Wontner—l hope your worship will reduce the
amount of bail required for the prisoner's appearance.
Mr Vaughan—No. I think himself in £2OO, and two
sureties of £lOO each, is not at all an unreasonable require-
ment,

The prisoner was then removed from the dock.

MARLBOROUGH-STREET.

AN OMNIBUS PROPRIETOR AND HIS DRIVER CON-
VICTED FOR CRUELTY TO HORSES.-Mr John Bacon, of
Ledbury-road, Bayswater, proprietor of omnibus 7,517,
appeared before Mr Tyrwhitt, to ans wer the complaiat of
the Royal Society for tho Prevention of Cruelty to Animals,
of having caused and procured to be tortured two horses,
by working them in an unfit state ; and Wm. Poultney,
a driver in his employ, appeared to his recognisances,
charged with ill-treating the horses, by working them in
an unfit state.

The horses, which were brought to the front of the
court on the last occasion fur the magistrate's inspection,
were in a shocking state.

Rutherford, one of the officers of the Society, saw the
defendant Poultney driving the horses, attached to an
omnibus, near the Tottenham-court-road, and, observing
that they appeared quite exhausted, examined them, and
found the off aide horse had a large wound on the near side
hock, which was badly swollen. The other horse had one
of its hoofs split. Both were in a very low condition.
Mr Arthur Cherry, the Government veterinary surgeon,
and Mr Jarvis, veterinary surgeon, on the part of the
Royal Society for the Prevention of Cruelty to Animals,
deposed to the condition of the horses; both gentlemen
stating that they w€ re totally unfit for work, and the former
remarking that they were the remains of good horses,
which would work till they died.

The defendant Bacon said ho was told by his veterinary
surgeon that they were in a fit state to work, and there-
fore sent them out.

Mr Day, veterinary surgeon, Wellington-Mews, Led-
bury• road, was called by Mr Bacon, and said he had at-
tended to Mr Bacon's horses. One of the horses spoken of
was in a low condition, but the other was pretty good. One
of the horses was nearly thorough bred and very irritable.
Mr Tyrwhitt—From its high condition. (Laughter.)
The defendant Pouitney said he had never driven a better
pair of horses.
Mr Tyrwhitt— I happen to have seen these horses myself,
and if I had not hoard the evidence of the veterinary
surgeons—Messrs. Cherry and Jarvis—l should have no
doubt, and there could be no doubt in the mind of any
reasonable being, that they were totally unfit for work, and
that they were:in a most wretched condition. I believe from
my experience more especially in another district, that it is
possible to bring forward men calling themselves veterinary
surgeons who, from their cupidity and self-interest, will
swear the horses are quite capable of working when it
is clear that they are totally unfit for work. These horses
were in a miserable state, and when the veterinary surgeon
called by the defendant Bacon speaks of the irritability of
one of the poor creatures there is very little doubt that it
arose frcm its sufferings owing to its miserable condition.
In this case a man called respectable because he is rich
employs a man of a low class to drive his horses. The
horses are to be kept alive if possible—because the loss of
them would be a little loss to the owner, and while they
can stand they are worked. Such persons are wretches.
brutes, and I should like to know if the horse is n9t the
best of the two. The poor horse being high bred is its
wretchedness, as it will work as long as its spirit will
allow it. It is a pity the same treatment oannot be in-
flicted on such men as those before me. What a howl and
cry out there would then bo at the treatment. I shall find

the driver 20s. or 14 days' imprisonment. Ido not consider
him half so bad as the rich and stout man who stands
beside him. I shall fine tho owner 403, or a month's
imprisonment for each horse, my only doubt being whether
I ought not to inflict imprillonment. I hope his stables
will be watched, and if he is brought here again he will bo
imprisoned for three months.
The decision seemed to give great satisfaction to a
crowded court.

EXTRAORDINARY CHARGE—AFFRAY WITH TILE PO-
LICE.-Mr George Addison, a clerk in Messrs Child's bank,
Temple-bar, was charged before Mr Tyrwhitt with behav-
ing in a disorderly manner, and he was further charged
with Mr Norton I,)ryden Hutchinson, the keeper of a re-
freshment house at No. 2, Rupert-street, with assaulting
police-constable Roffey, 308 A.
Mr Ed. Lewis, of Great Marlborough-street, appeared
for the defendant Addison.
Police-constable George Roffey, 308 A, said that at one
o'clock that morning he saw the defendant Addition at the
corner of Rupert-street with several other gentlemen. There
was a great noise, and Addison said, " Why the hell do
you not go on your beat, and not listen to me." I told him
I was doing my duty, and he then knocked my hat off with
his stick. I was then pushed from behind into the crowd,
and some one's cigar fell out of his mouth, and they said
was drunk. Another constable cams to my assistance,
and three of the gentlemen dragged me into No. 2, Rupert-
street, and then Hutchinson came from the back and
slammed the door to and looked me in. The constable who
was outside gat assistance, but before it came Addison

struck me three times. I told Hutchinson that Addison
was my prisoner. The door was then openod and we were
lot out, On getting into the street Addison struck me

again.

By Mr B. Lewis—There were several gentlemen stand-
ing together. Addison knocked my hat off with his stick
sideways, and it was knocked off a second time from be-
hind. I will swear it was Addison who did it the first
time. Some of the other gentlemen said it was not Addi-
son who did it. 1 did net make a rush at Addison and
nearly knock the cigar he was smoking down his throat.
Addison, when I seized him, did not say I was choking
him, and that it I did not release my hold he would strike
me. I was dragg.d into the house by the collar. Addison
struck me three times inside the house. He did not com-
plain of my striking him. Addison assisted in dragging me
into the passage. The other constable who came up did not
advise me to let Addison alsone. The other constable had
his hat knocked off also.

John O'Donnell, 162 C—l went to the assistance of
Roffey, and saw him holding Addison by the collar. My
hat was then knocked off three or four times, and while I
was picking it up Roffey was forced into the house No. 2,
Rupert-street. I sprung my rattlo and other constables
came, and the dcf3ndants were taken to the station. I saw
Addison give Roffey a violent blow in the face as he was
oing to the station.

Mr Lewis said that he appeared for Mr Addison, who had

to complain of the conduct of the police. Mr Addison had
been dining with several friends, and they were parting at
the corner of Rupert-street, when they were most unneces-
sarily interfered with by the constable. He (Mr Lewis)
would not say that the gentlemen were quite so quiet as
they might have been, but still there was no noise calling
for the interference of the police. He would not deny that
there was some chaffing going on, and that the constable's
hat was knocked off, but not by Mr Addison, who took no
part in the matter, when the constable rushed at Mr Addi-
son and seized him by the collar, and thrust his knuckles
into his throat, and then Mr Addison said, "It you do not
release me—you are choking me—l will strike you," and
Mr Addison then did strike the constable, lie considered
there had been great exeess on the part of the constable, and
ho was only struck by Mr Addison when he was nearl3
throttled—the constable being the aggressor.
Mr Lewis then called several gentlemen, who bore out
the statement he had made, and all of them denied that
Addison knocked off the constable's hat—that the constable
had behaved in a very insulting manner, and interfered
without any reason. SJlne of them said they board MI
Addison complain of being nearly choked. One of the
gentlemen said that when he went to the station after tht
defendant was locked up, he (witness) was kicked and
pushed about in the passage of the station, and his hat
knocked off by about half a dozen constables, the constable
Roff, y having also kicked him deliberately while on the
way to the station.

Mr Tyrwhitt said he thought it an unfortunate act on
the part of the constable. If decent persons were part-
ing with Each other at the corner of a street it was too much
interfering with the public for the police to interfere with
them. The constable had acted with rashness, but he did
not impute Lad feeling to the constable. Ile would not say
anything harsh against the constable, because ho knew
what a difficult duty they had to perform, and what confu-
sion there generally was in such oases. He should dis-
charge both defendants. Mr Hutchinson appeared to have
done nothing.

Mr Hutchinson eaid he had not interfered in the matter
at all, only wishing to clear his house.

WESTMINSTER.

DISGRACEFUL INTRUSION,—John Anderson, a man in
porter's clothing, was charged with being drunk and as-
saulting the police.
Police-constable 336 B stated that he was on duty last
evening in Cumberland-street, Pimlico, when he was called
to remove the defendant, who was conducting himself very
offensively at a lady's house. The lady had just arrived in
a cab with some baggage on the roof, and when the cab
stopped defendant seized a box and insisted upon carrying
it into the house: He was told again and again that his
services were not required, and requested to put down the
box, but ha would not, and carried it into the house. The
lady then gave him twopence, although his services had
been unsolicited, when he declared he would not leave the
house under sixpence for his services. When witness ro.
moved him he resisted, and kicked. The defendant was in-
toxicated at the time.

Defendant said ho gave his services, and one of the ladies
at the house asked him to °az ry a box up stairs. He denied
that he had kicked the constable, and said if one of the
ladies was called she could show that he did not.
The lady, who had returned with her luggage, and an-
other who was present, wore both called and examined.
They said that defendant had insisted upon forcing his way
into the house, that they refused to allow him to carry a box
upstairs, and he then conducted himself as described. One
of them saw him kick the constable.

Mr Arnold said that defendant's conduct had been very
reprehensible. He had insolently forced his way into a
lady's house. and then demanded money for his services.
Considering this misconduct and the penalty for the assault
he should fine defendant 20s, and in default commit him for
14 days.