The Sun.
London, England, 1830-10-14 00:00:00

MARYLEBONE.

Yesterday morning, two young gentlemen, M.
Fitzgerald and David Fitzgerald, of No. 3, Devon•
shire-terrace, New-road, said to be the sons of the
Knight of Kerry, came forward to substantiate a
charge of assault against Mr. George Rossiter,
hackney-coach proprietor, in Blandford-mews.
Mr. Maurice Fitzgerald stated, that between nine
and ten o'clock on Tuesday night, he sat down upon
the step of a door in Wyndham-place, Bryanstoe-
square, and smoked a cigar The defendant went
by, and after he,had gone a short distance he came
back, and accused him of kicking him as he passed.
The complainant denied it, an altercation ensued,
and the defendant called him a liar, and
shook him by his collar, and he was given into the
charge of a policeman.
Mr. David Fitzgerald-was with his brother at the
time, and ha declared that the pavement on the spot
was so wide as, notwithstanding his brother's posi-
tion, to allow a person to pass freely, and the de-
fendant did pass without obstruction.
Stephen Buck, a constable, No. 43, of the polies•
division D, was ordered by Mr. M. Fitzgerald to
take the defendant into custody, and the t wogentic-
men followed him to 'the watch-house, and entered
the charge.
Mr. Rossiter made several efforts before to speak,
and now being told it was his turn—" I ought tc,
.have given the charge, your Worship," said be,
" and not this young man. Who the devil could
expect to Mid him with his legs across the pave-
ment ? I turned the corner quick from St. Maq's
church, and fell over them, and when I turned
round, I found him smoking upon the door step,
and I said, I beg pardon, Sir, do you belong to
this house ?' and he was impertinent, and, as hr.
says, I did threaten to kick him."
Mr. HOsKINS inquired of the defendant if he did
fall over his legs ? Mr. Rossiter—l did, Sir, and
I might have broke my neck.

Mr. HOSKINS (to Mr. DAvid Fitzgerald)—Did
you see him fall ? Mr. D. Fitzgerald-.—No, Sir, he
did not fall, nor did my brothel's legs touch him as
he passed; they were as far from him a* my hand it
from this book (about six inches.)
Mr. Itos‘iter—Thatim a --

Mr. Iloama—You must be temperate here, Sir.
Mr. Hoskins told Mr. M. Fitzgerald he thought it
a pity so much had been made of the circum.tance.
He was bound to say he considered him the flits!
wrong-doer, for nothing could justify his sittinl
upon the step of a door, with his legs stretched over
the pavement; and many persons had kern fined
and ptinished at this office for putting less trireme.,
tions in the way of passengers, Mr. Brossiter had
acted very improperly in laying hinds upon his per-
son, and he would hold him to bail in his own re-
cognizance, that he, Mr. Fitzgerald, might, if he
pleased, prosecute him at the Sessions.
The two Fazgeralds were dissatisfied, and wanted
Mr. Hoskins to dispose of the case, by inflicting
fine on the defendant,

Mr. HOSKINS said he would not do so : the law
had given him' an alternative, 14nd in this ease he
saw it proper to use it.

Mr..Rossiter. became very violent. " me,"
said he, "if put up with it. I pay it large rate
for rving the Street, and then don't dare walk along
them for young chaps like these' who pay nothing."
Mr. UOSKINS called him back, and because of hie
intemperance he required him to give security, in
two sureties of 201. each, to keep the peace.