The Sun.
London, England, 1837-11-15 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Nor. 14.
GATCLIFFE V. BOURNE AND OTHERS.

This was an action brought by the plaintiff, an Irish linen
merchant in the City, against the defendants, who were the
members of a company called the Dublin and London Steam
Marine Company, to recover the value of a large quantity
of Irish linen which was deposited at Fenning's wharf on
the 28th of August, 1836, and destroyed by the fire which
occurred there on the following night.
The case occupied the Court the whole day ; Mr. Ser-
geant Stephens remains to be heard in reply.

MIDDLESEX SESSIONS--TUESDAY.

The calendar contains the names of 21 prisoners charged
with felony and larceny. There are in addition several
adjourned cases of misdemeanor, and assaults of consider-
able public interest.
John Darby Shelley, a middle-aged person of gentle-
manly appearance, formerly in the Colonial Service, who
was brought up from Westminster Bridewell, was indicted
milder the new Act, the Ist Queen Victoria, for cutting
and maiming Edward Utting, a turnkey, with a razor. A
second count charged the defendant with assault, and ob-
structing a constable in the due performance of his duty.
A third count charged a common assault.
Tue defendant was called upon in form to plead.
Defendant, in a quick earnest manner, said—Before I
put in my answer I wish to plead for time. I have
much to say.
CHAIRMAN—Why do you require time ? Defendant—

I have no friends present.
CHAIRMAN—That is not sufficient ground for the post-
ponement of your trial, you having had full notice that it
would take place this day.
Defendant (with increased excitement)—lf I must plead
I plead not guilty, but I want Mr. Tulk, Mr. M‘William,
and other Justices here. I want several persons here—l
want Lieut. Frederick Tracey, the governor of the prison,
here.—[The defendant here entered into a violent tirade
against the governor.]—" I have;' he said, in an excited
tone," written to the Hon. Mr. Grant, the brother of Lord
Glcnclg, but I have not yet received an answer ; and—"
Mr. I"vi'VVILLTAra here took his seat on the Bench, and
being informed of whA had passed, asked the defendant if
he had any professional assistance.

Defendant—l have not.
Mr. M.WILLIA at—Then select any gentleman at the
bar, and I will see him paid.
Defendant—l refuse it with scorn and indignation.

The COURT then adjourned the case for a space to
allow of several witnesses the defendant required being
sent for.
The defendant was subsequently again arraigned.

. . .
Mr. PRENDERGAST, for the prosecution, observed to the
Jury that they had already seen, from the manner of the
prisoner at the bar, that he was a gentleman of superior
education and of forcible langusge. In the course of a life
of much enterprise in various parts of the globe, he had
been in Australia, and had there received a grant, or per-
haps it would appear "no grant," of land. Considering
himself aggrieved, he arrived in this country, and preferred
some complaint to the Government Colonial Board, and
having threatened Lord Glenelg in a violent manner, his
Lordship, considering his life in danger, went before a Ma-
gistrate, who held the defendant to bail and personal recos-
nizances ; and, failing into the required sureties, he was
committed to Tothill-fields prison, where he was most
kindly treated.
E.lward Utting, at the time of the assault upon him,
was turnkey in Tethill-fields prison. His orders were, that
if anything extraordinary occurred lie was to report to the
Governor. The prisoner occupied No. 2by himself, in a
part of the gaol in which Crown witnesses were kept who
could not find sureties. On Monday, the 31st July last,
he was at the iron gate of a yard in which ho was allowed
to walk. Between the bars lie could converse and put his
ar►n through. About one o'clock in the day the prisoner
was on the left side of the yard, using violent and indecent
language, which occasioned some confusion amongst the
visitors. Witness reported his conduct to the Governor,
who remonstrated with him in the most mild manner, tel-
ling
the prisoner that his conduct alarmed the other pri-
soaers, and that if he continued his violent language, lie
must confine him to his cell. The prisoner dared the Go-
vernor so to do, and said he defied the whole establishment,
and that he would not go to his cell. The Governor then
gave orders that the prisoner should be placed in his cell.
Witness in pursuance of the order which he was bound to
obey, put his hand on the prisoner's shoulder, as much as to
mean " go." The prisoner resisted, and laid down. Wit-
ness stooped down on one knee to raise him up, with the
assistance of the chief turnkey, when witness saw the
prisoner's arm raised up, and, at the same instant,
the turnkey cried out "He has got a razor." Witness
then felt a cut or wound across his left knee. Had not
seen the razor before that. The wound was an inch in
depth, and witness suffered severely from it, even to that
day. The wound was inflicted with the "heel" of the razor,
for the prisoner had not time to open it. The prisoner was
allowed a razor amongst many other indulgences by the
visiting Justices. The prisoner was allowed his own vic-
tuals by his own waiter. Witness was often threatened by
the prisoner, who once said he would run bins through.
Tho prisoner then at great length spoke of his sufferings
—his standing in society—his high connections—his losses,
which amounted to 5,000/. ; that what had been offered
him, would be but a poor recompence. His charges against
General Darling, Governor of Australia, Lord Ripos, Lord
Stanley, and Lord Glenelg, it would be a waste of space
t• enter into, as it would be to state the numerous com-
plaints of the visiting justices and officers of the prison, or
the more pointed attacks on Lieutenant Tracey, the Go-
vernor. '[he prisoner was often checked by the Chairman,
who remarked that although the Court was unwilling to in-
terrupt him, yet it must call him to the recollection of the
charge against him.
The prisoner then urged, in vindication of the assault he
had committed, that on the day in question, after being in-
sulted by the witness Utting, the Governor (Mr. Tracey)
came up to him, and demanded him to moderate his tongue.
He refused. Tracey then ordered him to be taken to his
cell. The two witnesses then laid hands on him, and, hav-
ing the razor closed in his hand, which he merely used to
nib pens, he struck Utting on the knee without the least
intention of cutting him.
The Jury returned a verdict of Guilty, with a recom-
mendation to mercy on account of the excited state of
mind in which the prisoner was during his long term of im-
prisonment. At the same time not at all reflecting on the
Governor or turnkeys of the prison.
The CHAIRMAN sentenced the prisoner to two months'
imprisonment in the House of Correction, observing he
would be well taken care of.—Adjourned at six o'clock.

POLICE INTELLIGENCE.

UNION-HALL.

Matthew Chinnery7billetinCOnstable of the populous
district of Lambeth, was summoned for demanding money
of licensed victuallers, and, on their refusal, of threatening
to increase the billets of soldiers on them. Complaints
had of late been made at this office that the billeting con-
stable of Lambeth had made demands of money on several
licensed victuallers, and on their refusal to comply had
threatened to exercise the power which he possessed of bil-
leting more soldiers upon them than upon those who con-
tributed to his list of subscriptions.
After hearing evidence, the MAGISTRATES said that the
Act of the sth of William IV. enacts, that if any constable
employed in billetting officers or soldiers in any part of the
United Kingdom shall receive, demand, or agree for any
money or reward whatsoever in the performance of his duty,
he shall forfeit any sum not exceeding W. nor less than 40s.
The mitigated penalty' was then inflicted on the de-
fendant.