The Sun.
London, England, 1865-08-09 00:00:00

WESTMINSTER.

AN AWKWARD LARk.—James Duvaney and William
Shaughnessy, two young men in the garb of bricklayers,
were placed at the bar, charged with stealing a carpet.
Joseph Davis, furniture dealer, 25, South-street, Chelsea,
said that, while he was out at a sale yesterday afternoon,
. _

the prisoners stole a carpet from his door. He was in-
formed of the circumstance by a boy who had seen it, and
the prisoners having been pointed out to him he gave them
in charge.
The boy in question said that he was standing opposite
the prosecutor, when he saw the prisoner Duvaney, who
came from a public-house opposite, snatch the carpet from
some area railings, and walk away with it, with another
man. There were four men altogether at the same house,
and the prisoner Shaughnessy was one, but he was only
walking before Devaney and laughing. When witness
went after them they tilt ew the carpet at them. Prisoners
had been drinking. _

Police-constable 220 B said he was called to the public-
house opposite the prosecutor's, where he found the pri-
soners, who were given in charge,
Mr. Arnold (to prisoners)—Do you wish to say anything?
Devaney—We did not intend any harm. We took the
carpet for a lark. We had no idea of stealing it.
Sha,nghnessy—l never touched the carpet. We had all
been drinking and larking with one another. I was
laughing at their throwing the carpet about, and when the
boy came we threw it at him. We went back to the public-
house opposite the shop, and then were given into custody.
Mr. Arnold—What aro you ?

Duvaney—Hard working young men. We last worked
for Mr. Trollope. We havo no idea of thieving.
Mr. Arnold—Were these men sober, constable ?
Policeman—They were not.
Mr. Arnold—ls there any one here who knows the
prisoners ? . _ _

Duvaney—None of our friends know we are here.
Mr. Arnold-1 must remand you till to-morrow, when

if any one'prove that you are hard-working, respectable
men I may, as you had been drinking, consider this a lark,
and treat it accordingly. I must keep you at present.

MARYLEBONE.

ALLEGED OUTRAGEOUS ASSAULT ON A YOUNG GENTLEMAN
BY A PARK CONSTABLE.—George Walters, who wore on
his breast the Victoria, Cross and a Crimean medal with
five bars, was charged on a summons with unlawfully
assaulting Mr. Henry Percy Berry, a young gentleman re-
siding at 81, Adelaide-road, St. John's Wood.
Mr. Johnson, solicitor, appeared for defendant, and In-
spector Caunt watched the case on behalf of the Commis-
sioners of her Majesty's Works.
Complainant deposed that on the evening of July 20 he
and some ladies and gentlemen had a boating excursion on
the ornamental waters, Regent's-park. At 20 minutes to 9
the whole of the party went to one of the exit gates near
the Zoological Gardens. The gate was locked, and accord-
ing to the statements made by some 20 people who were
waiting to get out, it had been locked for some time.
Being desirous that the ladies should not wait there for an
indefinite period, he got over the gate, and as he was
getting over a second gate for the purpose of going to the
inspector's lodge, defendant came up, seized him by the
throat, and after violently shaking him, said he should take
him into custody and charge him with an assault. After
offering the constable his card, which was rejected, he asked
to be taken before Mr. Edwards, the superintendent, at
North Lodge, but this was refused, and he was led to the
police-station by defendant, another park constable, and a
drunken cabman, who said he was a detective. On the
way to the station he was kicked and knocked about in a
most disgraceful manner, the result being his body and
arms were bruised and his coat torn. On the following day
he was charged before the magistrate for assaulting de-
fendant, and discharged.
Cross-examined—He did not know he was a wrong-
doer in getting over the gate. It was not true that he used
any bad language, neither did ho strike defendant, or offer
any provocation whatever, or resist in any way. Ho was
perfectly sober at the time.
Two well dressed young men, named Edward Castle
and Mathias Milner, fully corroborated complainant's story.
Both averred they were strangers to complainant.
Mr. Johnson addressed the bench at considerable length,
after which he called a cabman, named John Holder, who
said he was a retired sergeant from the metropolitan police
force. A little after 9 o'clock on the night of the2oth July
he was passing by the North Lodge, Regent's-park, when
he saw complainant and defendant struggling together.
The latter called for his assistance, saying complainant had
assaulted him. He did assist, and as the complainant not
only used bad language, but was exceedingly violent, they
were compelled to get the assistance of another park con-
stable before they could him to the station. On the way
the defendant told complainant he was tearing his coat
through his own violence, when the latter replied "
and the coat." He never saw a man exhibit more
civility and forbearance than did defendant on this occa-
sion, and he never saw a man behave more violently than
complainant did.
John Woodgett, night watchman at the park, fully
endorsed the evidence of last witness.
Mr. Mansfield, in the course of a long summing up, said
that when the young gentleman was brought before him
on the charge of assaulting the present defendant, ho was
of opinion then that the evidence given in support of the

charge was a tissue of falsehoods, and therefore he dis-
missed the charge. On this occasion the complainant and
his witnesses had given their testimony in a manner
stamped with the impress of truth, and it was his opinion
'a most infamous outrage had been committed upon the
complainant in hauling him through the streets in the
ruffianly manner as described by the two young men called
by the complainant. He could not adequately give ex-
pression to his feelings of indignation at the manner in
which the cabman had given his evidence. in fact, from
beginning end, it was a base lie and fabrication. Defen-
dant or go to prison for one month.
must
pay£4,