The Sun.
London, England, 1862-07-14 00:00:00

COURT OF EXCHEQUER.

(Sittings at Nisi Prius, at Guildhall, before Mr.
Baron Bramwell.)
DAVIES V. SMITII.-ASSAULT.

The plaintiff, Mr. Charles Davies, a builder, at
Cubitt's Town, IVlillwall, Poplar, brought this
action against Mr. Edward Tyrrell Smith, the
lessee of Cremorne Gardens, for assault in having
given him into the custody of a police-constable,
and taken to the police-station. The defendant
pleased not guilty.
Mr. M. Chambers and Mr. Joseph Browne were
for the plaintiff, and Mr. Henry James for the
defendant.
In the early part of the present year the plaintiff
was employed by the defendant to erect a hall and
concert-room at Cremorne, and some bill transac-
tions arose between them in respect of the money
due for the work. On the 24th of May last the
defendant gave the plaintiff into custody in the
gardens on a charge of stealir.g two bills of ex-
change for £250 each under the circumstances
detailed in the following evidence :
The plaintiff said he received a bill for £250 from
Mr. Smith, and got it discounted by a Mr. Morris
Mares, to whom the defendant introduced him.
When it became due the defendant asked him to
get it renewed, but Mr. Mares wanted £27 for re-
newing it for two months, and he went to the de-
fendant and told him that he could get a bill dis-
counted by a Mr. Goodchild for a smaller sum. The
defendant asked him if he could get another bill
discounted for his friend Mr. Abrahams, and the
plaintiff said he could. Two bills for £250 each
were then drawn and accepted by Mr. Smith, and
the.plaintiff wcnt,in company with Mr. Hayes, Mr.
secretary, to Mr. Goodchild, who raised
objections to discounting them on account of the
speculative character of Mr. Smith's business, and
wanted some other security. The plaintiff then
agreed to give him the security of some houses, and
on a subsequent day (a Saturday), and before the
security had bee ncompleted, Mr. Goodchild ad-
vanced him upon the bilis £l5O, and also £lOO in
respect of some private transactions of his own.
On the same afternoon ho went to Cremorne and
tendered the £l5O to the defendant, but the defen-
dant refused to take it, and said, " It's a
swindle altogether, and I'll lock you up
and all the parties concerned." The defendant de-
manded back the bills, and the plaintiff wrote to
Mr. Goodchild, who lived in the neighbourhood, to
the effect that the matter could not be carried
through, and that he would call for the bills on
Monday, and sent the letter by a messenger. After-
wards the defendant gave him into custody, and
the defendant and Mr. Hayes followed him to the
police-station, where, on giving him a written un-

dertaking that he would deliver up the bills on
Monday he was released from him. On Monday
the plaintiff obtained the bills from Mr. Goodchild,
and handed them to Mr. Hayes.
Cross-examined—The defendant and myself are
prosecuting parties for conspiracy in obtaining bills
to the amount of £2,000. That occurred before
this transaction. Hayes did not tell me that be
must have the two bills of exchange back or the
money.
Mr. Chambers said if Mr. Smith came into court
to give evidence he would consider what course he
would take as to the plaintiff's other witnesses.
Mr. Henry James said he was surprised to hear
that observation, as his learned friend knew that
the defendant was in a dying state, and could not,
therefore, appear in Court.
Mr. Chambers—That is only a paltry excuse.
Cross-examination resumed—No charge was
written at the police-station. After I had signed
the undertaking, I went back to Cremoine at six
o'clock to meet Goodchild, but I did not have any
drink at Smith's expense.
The defence was that the bills were entrusted to
the plaintiff upon the express condition that he
should not part with them unless he got the money.
Mr. Gay, senior surgeon of the Great Northern
Hospital, said he saw the defendant on Thursday,
when he was suffering from a severe attack of gas-
tric fever mixed with gout. He was not in a fit
state to be in court or to be examined at all. The
illness might end in a severe form of typhus fever.
Mr. Hayes, the defendant's secretary, said--I saw
Mr. Smith about the bills, and he said, " I will have
no bother respecting them. I gave the bills to you,
and unless I get them back, or the money, I will
give you into custody." I told the plaintiff the pre.
dicament I was in, and that I should have to res.ign
my situation if the bills were not forthcoming
Afterwards Smith came up, and pointing me out to
a policeman, said, " Take that man into custody. I
gave him some bills, and he has not brought them
back." I said if Smith gave me into costody I should
give Davies into custody. We all four went to the
station house, the policeman walking in advance.
At the station Smith repeated the circumstances,
but pointed to me and not to the plaintiff. I said
that if the plaintiff would give an undertaking to
deliver up the bills on Monday there would be no
more bother, that Smith would be satisfied, and I
would not give him into custody. The undertaking
was given, and we all left the station.
Mr. Baron Bramwell, in summing up, said there
was no pretence for saying that the plaintiff stole
the bills. The transaction was a remarkable one and
involved very conflicting statements ; but it was
clear that though the plaintiff found his way to the
police-station, no charge was actually entered in
the book.

The jury, after a few minutes' consultation, gave
a verdict for the defendant.

THE ENGAGEMENT AT CHARLESTON.

We copy the following letter from
,the New York
World of the 28th June:—

" June 16.

"A sad, sad day. I will attempt the weary task of tell-
ing you some of its details of misery. As it is impossible to
give a historical narrative of the engagement before the offi-
cial returns are in, I shall aim simply to relate what took
place under my own sight, or under such circumstances as
to render me peculiarly conversant with it. The troops,
exhausted by many nights of fatigue or picket duty, had
lain down, anticipating a few hours of rest, when, at
about half-past nine on Sunday evening, orders were re-
ceived by all the forces of the command to be in line of
march at lon the following morning. Accordingly, soon
after 12 the camps were all in motion ; the regiments formed
separately, then took their places in order, the Bth Michi-
gan having the right, the 7th Connecticut next, then the
28th Massachusetts. These three regiments composed the
brigade under the command of Colonel Fenton, of the
Bth Michigan. Not long after 1 the brigade was in
motion, under a pretty brisk rain, which lasted an hour
or more. The troops proceeded, about north-easterly,
along a pretty fair road through a large marsh. Although
this causeway had been exposed to the fire of the enemy's
batteries on previous days, we passed it to-day unmolested.
Perhaps three-quarters of a mile beyond this causeway is,
or was, a farmhouse, with a couple of outbuildings and a
row of negro houses. This was a picket station of the
enemy, and as our advance reached it a number of shots
were fired, wounding two of the Bth Michigan. Two of
the picket were captured, and in the course of the day
three more, among them a lieutenant. At this house
the surgeons established ,themselves, and made all prac-
tical preparation for their sad but merciful work. Beyond
the house lay two extensive cotton fields, with the ridges
running perpendicular to our line of march. By the time
the advance reached this house the reports of cannon were
heard, and shells passed over the men. When the rear of
the second regiment was passing the house there could be
heard ahead the sound of musketry mingled with cheer-
ing, and soon the roar of cannen. Animated by th 3 sound
and urged on by their officers, the men hastened forward at
a double-quick step. This movement across the cottonridges
was terribly exhausting to men already weary, and they
reached the field of action half worn out. Meanwhile, the
Bth Michigan, advancing, had found just beyond the
second field a large, well-constructed work, well armed
with guns, some of them of large size, and manned by a
large body of rebels. They advanced heroically upon the
left flank of the work (on our right) ; as soon as they came
within short range, not more than 200 yards from the ram-
parts, the enemy commenced a terrible fire of grape-shot,
canister, and musketry. Despite this the noble Michigan
troops pressed their way forward, and some of them suc-
ceeded in climbing up some 15 or 20 feet to the top of
the rampart ; but here they were met by a frightful
fire from rifle-pits, with which the inside of the work
was crowded. It was impossible for them to remain.
Already the ramparts were piled with their dead, and they
unwillingly recoiled. By this time the 7th Connecticut
had come into the field, had formed in battalion front,
still marching at double quick time across the ridges.
The line was formed with the centre opposite the
right angle of the enemy's work (on our left-hand,
of course), with the design of attacking that flank
of the work; but as the regiment advanced the
left of the line came unexpectedly upon a ravine, or
bank, which slopes off into a morass. Unable to advance
straightforward, the left necessarily crowded upon the
middle and right, forcing them out under the fire of the
enemy's guns, as well as throwing the line into some confu-
sion. When the line had got within perhaps 200 yards
of the work the enemy's guns opened with an infernal hail
of grape, canister, and musketry, which seemed to mow the
men down in winnows. They advanced, however, till the
colours stood within probably 100 or 120 yards of the work.
The men by this time were using their guns briskly, and
were firing, as they advanced, at the gunners on the para-
pets. A good many advanced far beyond the colours, and
some reached the moat of the work, and from what shelter
they could gain behind the ridges of the field they continued
to fire, The line, however, withered under the destructive
fire. The men, worn with previous fatigue, were exhausted
with the rapid run for a mile, or more across the ridged
ground. They had not the physical energy to press forward
and scale tho work. The line fell back for about 160 yards, and
there was completely re-formed, dressing on the colours.
The order was then received to march to the right and at-
tempt the work on the left angle. So the line was formed
under the continued fire I have spoken of, and the regiment
was marched by the left flank (the companies keeping nobly
together) right along the face of the enemy's work. At this
point of time the order was received to retire beyond the
first ditch and await orders there. This was done, and the
regiment remained behind this cover, shot and shell falling
all about them for some minutes. Meanwhile the 28th Mas-
sachusetts had advanced towards the work, but had broken,
nor can I speak from personal observation of their further
movements. The 79th New York also had made a most
gallant charge upon the works, but the most despe-
rate valour was unavailing, and they, too, had to retire.
The Bth Michigan, 7th Connecticut, and 79th New York
were now in line in the ditch just spoken of. The order
was now given by the general in command that the men
should retreat to the next field, where was the shelter of a
thick hedge surmounting a wall or ridge of earth. As the
order was obeyed it was touching and morally beautiful to
see the efforts made to remove the wounded and dis-
abled, at a time when all were exposed without shelter
to the fire of the battery. Here might be seen two Michi-
gan men, themselves wounded, with a wounded Connecti-
cut man leaning on them, and here the 79th New York and
7th Connecticut uniting in bearing off two Michiganders.
It was at this point that I saw a soldier, whom I after-
wards discovered to be Private Scott, Company I, 79th New
York, carrying in his arms a wounded man of another
regiment. I saw some of the 79th lingering behind, re
luctant to retreat, firing over the ridge at the fort, all un-
availing, as the effort was at the distance of probably 600
or 700 yards, with the enemy sheltered by their works. The
regiments retreated to the second ditch, for the most part in
good order, though with numbers sadly thinned. Two
pieces of the First Connecticut Light Battery bad 11"1
been playing from behind this same hedge, prcbabltlytoob.
pro-
ducing some relief to the infantry. It was
difficult
works,
servo any marked effect of the fire
though the shots were delivered with"-
oint out of
rapidity. Hamilton's battery, accuracy and
sight on our left, had been at work,frow aas Phad also the
a's division, on our
battery put up by General S
cven
on the works,
right, a few days ago, which playedt
when-
ever it could do so without the r
and the yard about it
risk of destroying our own
forces. By this time the hospital
whic
h how can I describe
presented a spectacle
.th
blood, stand in the pathway
on blanket
a a bleeding form
hSetrreetcchomeres,fodurri
lies a lieutenant with a great wound in his
on the grass
apeshot, from whom the life is ebbing;
thigh from a 'gr
close by him, a man withriflea ball in his back ; and, near
PmPeinng brwinging
by, another with
a ball through his shoulders ; the grass
plot is covered with just such scenes, and off, in the corner
of the yard, is a blanket spread out, revealing the outline of
a human form; we need not lift the covering, for we
]mow instinctively that it hides a corpse. On the grass are
-thou) whom wounds cigar do PA good, or do AOt ellooll-