The Sun.
London, England, 1837-01-05 00:00:00

CENTRAL CRIMINAL COURT.

THIS DAY.

OLD COURT.
(Before Mr. Baron ALDERSON.)
CUTTING AND MAIMING.--.John Foulkes, a German,
was indicted for feloniously assaulting, wounding, and cut-
ting Joseph Josephs, with intent to kill and murer him, in
the parish of St. Martin-in-the-Fields, Westminster. The
prosecutor deposed that he was a general dealer and the
keeper of an accommodation-house.
Mr. Baron ALDERSON said the business was most dis-
graceful, even though clothed in decent language.
J. Josephs—On the morning of Jan. 1, he heard a noise
in a room up stairs in his house, and went up to see what
was the matter. When he got up stairs he saw his wife
lying oe the floor bleeding. There was a girl also there,
and the prisoner standing with a poker in his hand, with
which he struck witness a violent blow on the head, which
knocked him down. While on the floor he struck him
again on the side of the head. Witness got up and tried
to take the poker from him. The prisoner took up a jug,
and broke it over his head. There was some further strug-
gling, but witness was insensible to all that passed after
till in the station-house, from whence he was removed to
the hospital.
The wife of the prosecutor, and Elizabeth Wells, gave
their testimony as it appeared in the reports from Bow-
street on Tuesday—it was not worth repeating. The
female calling herself Mrs. Josephs, received a severe re-
primand from the Judges for keeping such a house at all,
but more especially for having it open on the Sunday morn-
ing so late as three o'clock.
A. policeman produced the three pieces of the poker.
When he went into the room Josephs was sitting on the
sofa ; the prisoner was in the act of dressing. The pri•
soner said, " You wanted to take me in, and I took you in
—serve you right." He made no charge of robbery against
them, but said he had paid for the room, and they had no
right to come in. The head part of the poker was covered
with blood.
Mr. Maule, the dresser at the hospital, described the
wounds on Josephs' head as being contused wounds, and
were severe, but not dangerous. There were several
wounds on the head of Josephs which appeared to have
been made with a sharp instrument, but (in answer to the
Learned Judge,) they might have been made with a broken
mug.
The prisoner in his defence said he had stopped too late
at a party, and could not get home. He accompanied the
girl, and on going up stairs locked the room door. He un-
dressed, but before he got into bed Josephs came up and
burst open the door. He ordered him (prisoner), to get
out, and would not even give him time to dress himself, but
seized his clothes, and was going throw them out of the
window. He then seized the poker, and broke some panes
of glass, and called for the police. Josephs seized him, and
said with an oath they would have no policemen there. He
then struck him, in his own defence, and to save his pro-
perty.
Mr. Baron ALDERSON charged the Jury, and told them
that to sustain the present indictment they must be satisfied
that the assault had been committed under such circum-
stances, as if death had ensued they must have found the
prisoner guilty of murder. He did not think there would
be much difficulty in this case in coming to a conclusion.
They must look carefully at all the circumstances, and say
whether there was any room to infer malice.
The Jury almost instantly returned a verdict of Not
Guilty.
The prisoner was again indicted for the assault upon
Mrs. Josephs. No evidence was offered, and the Jury again
returned a verdict of Not Guilty.
Mr. Baron ALDERSON said the parties might indict the
prisoner for an aggravated assault if they pleased, but he
refused any expenses except those of the surgeon and the
policeman.
The Grand Jury came in, and returned a number of true
bills, amongst which were two against George Forbes At-
kinson for felony. This is the Captain Atkinson whose
case occupied the attention of the Bow-street Magistrates
or several days.