The Sun.
London, England, 1863-09-22 00:00:00

THE SUN, LONDON, TUESDAY EVENING, SEPTEMBER 22, 1363.

and Michael Flannagan,were severally indicted for stealing a
silver and a gold chain and a gold locket, value £5, and the
enm of and upwards in money, the property of some
person unknown. The prisoner Flannagan was further in-
dicted for assaulting and beating John Perry, with intent
to resist his lawful detention.

Mr. Abrams prosecuted; Mr. E. T. Smith appeared for
Moore, and Mr, Gent for Flannagan.
Henry Bartlett, police-constable, 142 F, said that at five
o'clock on the morning of the let of September he was on
duty in Broad-street, St. Giles's, where he saw the two pri-
soners drunk and fighting together. That was the morning
of the day on which the fight took place between Goss and
Mace. On that morning there had been a great many
people going that way towards the Great Western Railway
station at Paddington. He went to the prisoners and en-
deavoured to separate them, telling them to go home and
that they must not fight there, and that if they continued
to do so he should take them into custody. They said they
would fight after he had spoken to them, when Perry and
another constable came to his assistance and they were taken
into custody. Witness took Moore, and Perry took Flan-
nagan. After getting a short distance, witness observed
the prisoner Moore put his hand into his pocket, from
which he brought out a silver watch, and directly after-
wards threw it away. A police-constable of the E
division picked it up and handed it to witness imme-
diately. The bow of the watch was broken. He asked
Moore what he had done that for, and he said, "What do
you mean 2" On going towards the station-house he saw
Moore again put his hand to his pocket, and then place
something in his mouth. Witness put his left arm round
his throat, and with his right hand put two fingers into his
mouth, and forced from it a piece of gold chain, to which
was appended a gold locket, both of which were produced.
Ho also forced from his mouth two sovereigns and one half-
sovereign. On getting to the station-house be searched the
prisoners, and on Moore he found three sixpenees, threepence
in copper, and a common brass breast-pin. He refused to
give any account of himself or the property, or where he
lived.

Cioss•examined by Mr. Gent—The two men were fight-
ing for some time. lie (witness) did not tell them to go to
the Great Western Railway and fight it down the line with
Goss and Mace.

'm. Ackrell, police-constable 48 F, said ho knew the
prisoners at the bar. He had known Moore for three months
and Flannagan for six years. He had frequently seen both
the prisoners together.

Mr. Sergeant Gaselee said that a man had a right to throw
away his watch if he liked, and there was no proof that it
had been stolen, and persons might throw away their pro-
perty when pursued by the police. He directed the jury to
acquit the prisoners.

Thu jury then returned a verdict of Not Guilty.
There were soveral constables in attendance to prove for-
mer convictions against both the prisoners for felonies.
The prisoner Flannagan was then charged with assault-
ing and beating John Perry, a constable of the metropoli-
tan police force, with intent to resist hib lawful detention.

The prisoner pleaded Guilty.
John Perry, 176 F, said he was present at the time and
place stated by the witness Bartlett, and wok the prisoner
Flannagan into custody. After getting a little distance with
him he suddenly struck witness on the chest, tripped him
up and roll away. On recovering himself witness went after
him and captured him.
Mr. Sergeant Gaselee sentenced him to be imprisoned and
kept to hard labour for one month.
The counsel engaged for Moore applied to the Court to
order that the watch picked up by the police and the chain
and money taken cut of his mouth should be restored to
him.

Mr. Sergeant Gaselee said he thought he ought to have it.

Mr. Abrams said the learned Judge had no power to
order the restoration of anything but stolen property, and
as the prisoner had thrown away the watch he had aban-
doned it altogether, supposing it not to have been stolen.
Mr. Sergeant Gaselee said the prisoner might bring a
suit for the recovery of it.
Mr. Abrams said, at any rate, the Judge bad no power to
make an order for its restoration.

Some money found on the prisoner Flannagan was ordered
to be given up to his mother.
John Blakesley, 23, portmanteau maker, was indicted for
embezzling the sum of 5s 6d, received by him for and
on account of William Henry Hall, his master. He pleaded
guilty.
The prosecutor, a portmanteau maker, resides in Field-
terrace, Bagnigge-wells-road, and the prisoner was in his
service about three months ago. About the 29th of July
he was sent with two portmanteaus to Mrs. Lazarus's, Fore-
street. He had an invoice, but he was not authorized to
receive any money. He came back to his employer and told
him that if he went to Mrs. Lazarus she would pay him the
money. It turned out, however, that the prisoner himself
had received the money and receipted the invoice, which
was produced. He absconded from his employment, but
was afterwards taken into custody by Police-constable
Crockford in King •street, Soho.
Mr. Sergeant Gaselee sentenced him to be imprisoned
and kept to hard labour for 1t calendar months.

Henry Smith, 52, brass finisher, was indicted for stealing
two pewter measures, i he property of James Brown Wood
ward, and one pewter measure, the property of John Mac-
farlane.

Joseph Ross, waiter at the Dunstan's Arms, East-road,
City-road, said that on the evening of the 9ch inst., about half
past 5 o'clock, the prisoner was served with half a pint of
porter. Witness saw him take a pint pot from the table and
put it into his pocket. The prisoner went out and witness
followed him. About 100 yards from the house he went up
to him and asked him for the pots he had in his pocket. A
constable came up, and the p As produced were found in his
possession.
John Macfarlane, landlord of the Globe public-house,
Chart-street, Hoven, proved that one of the measures pro-
ducxl was his property.
The jury found the prisoner Guilty.
Charles Dullarny, formerly a police-constable, proved that
on the 13th of June, 1862, the prisoner was convicted at
Worship-street, under the Criminal Justice Act, of pot-
stealing, and sentenced to be imprisoned for two months.
Mr. Sergeant Gaselee sentenced him to be imprisoned
and kept to hard labour for 18 months.
(Before Mr. Payne.)
Thos. James, labourer, was charged with maliciously in-
flicting grievous bodily harm upon James Allday, a police-
constable.

Mr. Cooper prosecuted, and Mr. E. T. Smith defended.
Mr. Cooper, in his opening address, said this was a case
of an aggravated assault on a police-constable while in the
execution of his duty. It appeared that on the night of the
30th of August last some persons while coming down Cow-
cross, close to the Court, having been to an Irish wake, a
row was got up, as is usually the case on such occasions,
the policeman, Allday, was engaged in dispersing the crowd,
and while doing so received a blow on the left ear, which
immediately stunned him and felled him to the ground. A
man of the name of Castello was taken up, but on being
brought before the Court on a former occasion, his identity
was not proved, and the jury acquitted him. The prisoner,
at a later period of the row, was seen to throw a stone at the
constable, and after a desperate struggle with the mob, the
prisoner was secured and conveyed to the station, the crowd
wing every endeavour to rescue him. He (Mr. Cooper)
said it was highly desirable that the police, who had some
very onerous duties to perform, should be protected from
these violent attacks, and trusted that the jury would give
an impartial verdict after having heard the evidence.
James Allday, police-constable 71 G, said he was the per-
son who had received the injury from which he was now
suffering. On the night in question he was engaged in
quelling a disturbance in Cow-cross, resulting from an Irish
wake. There were 200 or 300 people on the spot at the
time—a very violent crowd. Whilst endeavouring to keep
the people back, a stone was thrown with great violence
from behind, which he received on his ear, causing a severe
wound, rendering him totally insensible. He had since
been suffering from deafness and pains in the head, and was
delirious on the night in question.

Robert Elford, police-constable G 134, confirmed the
last witness, and stated that he saw him in the crowd, and
was endeavouring to go up Benjamin-street, the prisoner
being about six yards in advance of him, when he saw him
hurl a stone at the policeman Allday, felling him to the
ground. Ho was immediately conveyed to the station-
house, and a surgeon sent for, who ordered his removal to
the hospital. The stone was here produced in court--a
large piece of granite in a rough state.
John Blencowe, another constable, said he helped the
last witness in keeping the crowd back, and on the occasion
in question saw the prisoner throw the stone deliberately
at the constable, and that the stone whizzed past him. He
considered himself very lucky, and that if he had been two
inches nearer he should have received the blow. Witness
was not mistaken as to the prisoner's identity.
Charles Bendlo, police-constable G 101, also assisted in
keeping the crowd back. He saw the constable Allday
knocked down by the stone. He could swear to the prisoner
as being the man.

Mr. 1. Foster, house surgeon at I he Free Hospital,Gray's-
inn-road, was next examined—The injured policeman had
been under his superintendence and was recovering. When
brought into the hospital he had an abrasion on the ear and
the skin was very much cut. A slight concussion of the
brain had taken place, accompanied by the usual symptoms.
He was greatly excited and delirious. In his (Mr. Foster's)
opinion such a wound would be occasioned by a stone
thrown in the manner described. He had heard of cases
where persons had died through similar injuries.
Mr. E. T. Smith made a very able defence on behalf of
the prisoner, contending that in a mob like the one de.
scribed the constables might have been mistaken, and that
it was a case of mistaken identity altogether.
The learned Judge then summed up, and
The jury immediately returned a verdict of guilty,
A police-constable said the prisoner was once charged with
pocket-picking.

Mr. Payne, in passing sentence, commented on the
brutal nature of the assault, and said that it was highly
desirable that the polico should receive the protection of
every one. The duties they had to perform were of such a
nature that their lives were often in danger, and it was abso-
lutely necessary that the strong arm of the law should reach
persons of this description. Here was a man who, in
endeavouring to put a stop to a disturbance and clearing
the road, was brutally wounded by the pri=oner with a
stone which, if it hvi inen but thrown in his faco, would

have been certain death, and for which the prisoner would
have forfeited his life on the gallows. The sentence of the
Court was that he be imprisoned and kept to hard labour for

two years.
Charles King, 15, errand boy, was charged with stealing
a cashbox, containing a cheque for 437 10s. and 41 188. 6d.
in money, the property of Wm. Sugg, his master.
The prisoner pleaded guilty, saying that it was through
bad associates he had been led to commit the robbery.
Wm. Goodson said he was clerk to the prosecutor, an en-
gineer, who lived at 19, Marsham-street, Westminster. The
prisoner was in Mr. Sugg's service as errand boy, and had
been so since the 29th August. On the 2d September last
the cashbox, which was kept in the back-office, was safe at
6 o'clock in the morning, locked. The drawer in which the
cashbox was contained was not fastened, and prisoner had
access to it. At a few minutes after 9 on the same morning
on going to the drawer the box with its contents was missed.
The prisoner went to his breakfast, but did not return.
Witness told his master of the robbery, and information was
given to the police. The prisoner two or three days after
the robbery gave himself up, confessing to having commit-
ted the theft. The property had not been found. It was
afterwards ascertained that the prisoner with his companions
had spent the money and destroyed the cheque. The pri-
soner was seen on the day of the robbery running down
Bennett's yard, close to Mr. Sugg's premises,
with some-
thing under his coat.

Jeremiah Burr, 191 B, said on Saturday, three days after
the robbery, the prisoner gave himself up, saying he had
robbed his master, and that a boy named Furlong had part
of the money, and he (prisoner) had the rest. It appeared
that this was the first offence.

I\tr. Payne, after conferring with the other ms gistrates on
the bench, deferred sentence.

Milliatn M'Donnell, engraver, was charged with stealing
a carpet value £5, the property of Thomas Harding.
The prisoner pleaded guilty.
William Davis said he was shoptnan to the prosecutor,
who resided at 195, Marylebone-read, and his business was
that of a baker, and on the 4th September last, while in the
shop he observed the prisoner and another man outside.
The prisoner took up a carpet which was outside the shop,
and placing it on his shoulder, walked away. Witness fol-
lowed and caught hold of him, and said to him, " Where
are you gin with that carpet ?" to which he replied, " All
right, this man asked me to carry it," pointing to the man
who was with him, Witness told the prisoner to come
inside the shop, when he said, "All right, it will be nothing
out of your way ; let me go." A constable was sent for, and
the prisoner given into custody.
David West, police -constable 307 D, said he took the pri-
soner into custody. lle gave an address which afterwards
turned out to be false.

The learned Judge then sentenced the prisoner to 12 ca-
lendar months' imprisonment with hard labour.
A men who refused to give his name, but was afterwards
ascertained to be Falharn, was charged with stealing an
umbrella, a parasol, and shawl, the property of Maria Evans;
a cloak, travelling bag, and an umbrella, also the property
of Maria Evans ; a shawl, a parasol, an umbrella, the pro-
perty of Edith Evans, and an umbrella, and a walkingstick,
the property of Arthur Robertson Evans.

The prisoner pleaded guility.
Mr. Cooper prosecuted.

Aug. 28 last, about 20 minutes to 4,
From the evidence it appeared that on Friday aflernoon,
the prisoner was seen
on the platform of the King's cross station on the departure
side. A train started at 4 o'clock, when the prisoner went
out of the station to a publichouse in St. Pancras-road. lie
returned again in about 20 minutes. Ile remained till a
quarter to 7, and then went into the first-class waiting room
and brought out with him the two shawls, cloak, bag, four
umbrellas, and several other articles. He got about 20 yards
from the entrance gate, and upon seeing a police-constable
dropped the things and started off running. He was after-
wards stopped and given into custody. When the prisoner
was stopped he said, " Oh, for God's sake let me go, I am a
ruined man." The property was afterwards owned as hav-
ing been stolen on the 28th of August last.
The learned Judge sentenced him to be imprisoned in the
House of Cotrection for 18 calendar months.
John Regan, 21, labourer, was charged with assaulting
Lawrence .INPAuliffe, a constable of the metropolitan police'
force, in the execution of his duty. The prisoner pleaded
not guilty.

Mr. Tsylor prosecuted, and Mr. Warton defended.
Lawrence INPAuliffe, 301 K, said that on the night of the
2Sth of August, between the hours of 11 and 12, he was on
duty in High-street, Rateliff. He heard women crying and
shouting " Police" and " Murder," and the wife of the pri-
soner came to witness in a bleeding state, socking his pro •
tection, whereupon the prisoner immediately kicked him in
the stomach, from the effects of which he was now suffering,.
He having occasion to stoop a little, the prisoner rushed
upon him, placed his fingers in his stock, nearly choking
him, at the same time tearing his greatcoat, doing consider-
able damage. Witness sprung his rattle and seized llae pri-
soner. A struggle ensued, and a mob came up, who succeeded
in rescuing the prisoner, who got clear off. Some other con-
stables soon arrived, and they went with witness to the pri-
soner's house. Ile was told he was wanted, and he replied
" Oh, you be —." He drew a knife, and said he would
take the life of one of them. The knife was wrested from
him. Before the prisoner was even spoken to he drew forth
the knife, and said he would stab witness and the other con-
stables. He was not sober.
Upon cross .examination it appeared that it was after he
ha the house that he produced the knife. Neither of the
constables drew the staves. He raised his, hand with a
knife in it, and at the same time ho was seized by the con-
stable, who got the knife from him.
John Wilson, police-constable 152 K, when sworn, said
ho met the last witness in Iligh-street, Itateliff, on the night
in question, and from what he said they proceeded to the
prisoner's house and brought him downstairs. Witness had
hold of his collar, and Constable Auliffe held him by ano-
ther part. Iho knife was open in his hand, Prisoner
said, "Now, you—, rii do for you, or some of you," and
threw his arm back and made a blow at witness with the
knife. He got the prisoner outside, ond with the assistance
of two other constables the knife was taken from his hand,
and after a short time he was conveyed to the station-house,
a great mob following. V
house the prisoner said, verym
sorrystation_
i() _
~ in the dockknife
1 I a tdid
the n
Mr. Taylor—He gave you a friendly nod. (Laughter.)
osome of you, particularly you" (pointing to witness),

prisoner was drunk knew
ImsstoKW2it:esaarn'
Witness—Yes.
prisoner with
Examination resumed—The
very well what he was about. When first attacked the pH-
soner endeavoured to dig witness's riu:s,
saidbut
h e Gweaosr
he did not succeed.
witson said, Look out for the
gcealilledatioujat9l°tilictne:kning prisoner into custody. As
they were going along
one in his hand ; it was open. Wilson. took the knife from
thesktanbiflee
him. When at the station the prisoner said he was sorry
knife." He turned his head and saw the
ho had not knifed one of them, and ho would if he had an
opportunity.
In cross-examination by I‘ll.' Wartou, the witness said
used in. taking the prisoner to
no unnecessary violence was
the station ; they did not draw their staves.
Mr. Warton, in a very able and el, quest speech, addressed
the jury on behalf of the Prisoner, and pointed out the dis-
crepancies in the evidence, and
reminded them that if they
had any reasonable doubt intheir naiads as to the prisoner's
guilt, they were bound to give him the benefit of such doubt
and acquit him.
The Deputy Assistant-Judge said he did not think it was
necessary for him to make any remarks upon the evidence.
The constables had sworn positively to the facts, and if they
believed them they bad no other course than to find the pri-
soner guilty.
The jury, after a abort deliberation, returned a verdict of
guilty of an assault on the Police while in the execution of
their duty.
John Sampson, police-constable 21 K, said he knew the
prisoner. He was e'b arged with assaulting him Nov. 12,
1860, at the Thames Police-court, and was sentenced to 14
days' imprisonment.
The prisoner said be was drunk at the time, and was very
sorry for what he had done, and if his lordship would be
lenient with him, he would never do so again.
The learned Judge, in passing i sentence, said he was con-
tinually called upon to comment upon the evils of intempe-
rance and the evils it caused
among the working classes.
The sentence of the Court
upon the prisoner was that he be
imprisoned and kept to hard labour for twelve calendar
months.

Swatch and a gold chain, value £B, the property of John
minasm:
was charged with stealing a silver
in his d welling.howe, to which indictment ho pleaded
not guilty.
Samuel Cooper, groom,
John Mills said he lived at 65, Marylebone-lane, and kept
a coffee-house. On Thursday, August 27th, ho lost a silver
watch and gold chain from the bedroom, being usually
placed under the pillow on going to bed. The prisoner and
his NV ifo had lodged in the house for some time. Prosecutor
afterwards saw the watch at a pawnbroker's shop, and he
thereupon requested the prisoner to come with him for a
little walk. They went to the pawnbroker's, and prisoner
was there recognised as having pledged the watch and chain.
Tho prisoner said, "Oh I the watch I pledged for the ser-
vant." lie was then given in charge. lie said he had
pledged tin opera glass as well. One had been missed by a
gentleman who had lodged in the house, but who was now
living in the country.

Alfred Chamberlain, assistant to Mr. James, pawn-
broker, 15, Norfolk-street, Fitzroy-square, produced a silver
watch and gold chain, pawned on the 27th of August for
L 1 10s. The prisoner, when ho pawned it, said ho had
been out of a situation for six months, and that ho did not
know what he should do when that was gone. Witness
produced an opera• glass, pledged by him on the 22d of
August for Gs.

Sarah Lynch, servant to Mr. Mills, said she made the
bed on the night of the robbery. She put the watch and
chain on the drawers in the room and did not see them
afterwards. The witness stoutly denied the assertion of
the prisoner that she had given the watch to him to pledge
for her.

George King, police-constable, 7G D, said he went to the
pawnbroker's and saw the watch and chain. The prisoner
and his wife came into the coffee shop, and Mr. Mills said
that the prisoner had acknowledged the pledging of the
watch and chain, and gave the prisoner into custody. The
prisoner then said, " I did not receive int from the servant,
I received it frfunq wife," 7!!:2)ttid tQ him; "It to

N. ~ •~ ~

a falsehood, and you know 1 did not give you the watch."
The prisoner then replied, " I shan't tell any lies about it;
you know you did."
The prisoner, in his defence, said he was innocent of
stealing the watch.
The jury returned a 'verdict of guilty, and he was sen-
tenced to three years' penal servitude,