The Sun.
London, England, 1862-09-09 00:00:00

POLICE INIELLIGENC.E.—Sept. 8.

MARLBOROUGH-STREET. Wm. Ward,
a publicAn at Greenwich, and also a pugilist, was
charged with cutting and wounding, with intent to
do some grievous bodily harm. Benjamin Butler
Gaunt, sou of the late ex-champion.
The court was crowded with friends of both par-

ties.
Mr. Sleigh, instructed by Mr. Edward Lewis,
was ,for the prosecution ; and Mr. Pearce, in-
structed by Mr. Abrahams, for the prisoner.
The complainant, who had his head bandaged all
over, and who appeared to have suffered serious in-
jury, on being sworn, said—l keep the Coach and
Horses public-house, St. Martin's-lane. On the
29th of August, about eight o'clock, I returned
home from the country, and I found a pugilist
named Reardon at the bar, conducting himself in a
disorderly manner. I went into my parlour, and
after a short time the prisoner came in and asked
me what I struck Reardon for. I said, " That is
my business." The prisoner replied, "If you
struck him without cause, I'll murder you." A
person who was present told me that the prisoner
was Ward, the fighting man. I told the prisoner
to leave my house. We jawed ;one another, and
the prisoner went out of the parlour. I heard a
noise at the bar, and going out I found the pri-
soner swearing about Reardon being struck. I
said I would have struck him had he made use of
similar language to my mother. The prisoner
swore a tremendous oath, and seized me by the
collar. I hit and pushed him to- get away,
and ran off fearing violence. The prisoner
broke a pint tumbler on the counter, and came after
me, saying, " I'm a-- tiger when I begin." The
prisoner struck and cut me over the head three
times, The prisoner was dragged away by some
person, and I was dragged away into the bar-par-
lour by another person. The prisoner seized hold
of two glasses and threw them at me. Tde glasses
were smashed against the wall. The prisoner then
laid hold of a quart pot, but it was taken from him.
The prisoner was quite sober. I had done nothing to
provoke this savage attack. When I hit and pushed
past the prisoner, it was in my own defence. I was
sober, but I had had something to drink. I was
taken to Charing-cross Hospital smothered in blood.
I am an out-patient of the hospital at this time.
Cross-examined by Mr. Pearce—Did not know
the prisoner's name. Had not known the prisoner
for the last dozen years. Recollected the fight be-
tween Reardon and the black. Had not backed
Reardon. Had not backed either of the pugilists.
Had seen Reardon in the house. Had fought with
him in front of the bar. The prisoner was not pre-
sent at the time. Was in the habit of being in his
own parlour of an evening. Did not have a glass
of ale with the prisoner in front of the bar. Did
not fight that night a man named Mick the Gre-
cian. He ordered Mick out of the house. Had not
struck Mick, and given him a black eye, after the
conversation. Did not recollect the prisoner ask-
ing him why he struck Mick the Grecian. Might
have been asked the question, but did not strike
Mick. Did not strike the prisoner on the nose for
asking why he had struck Mick the Grecian.
Would swear that he had not hold of the prisoner,
striking him, and that the injuries he had received
were occasioned by the prisoner having a glilss of
gin and water in his hand. There were about five
or six persons present at the time of the assault.
His wife and sister were serving in bar at the time
of the affray. Was not a pugilist. Had challenged
a man called the Australian to fight for £lOO. Had
not challenged Reardon to fight.
Re-examined—The reason why lie was fighting
with Reardon was because, when he returned home
from Aldershott that evening, he found him creat-
ing a disturbance and pushing people about in the
house.
Mr. George Delamotte, house surgeon at Char-
ing-cross Hospital, recollected when the com-
spolvaienraanl twCoauunndts wo an s brought
the
he a tod
wt hhei
chhe s
were
ital.e re
such
ec
h had
as
might have been inflicted by the ragged edges of a
broken drinking glass. There was a great deal of
hemorrhage. Two of the wounds on the head were
an inch and a half long, penetrating to the bone,
Complainant was not in danger now, but at one time
symptoms of erysipelas set in. The complainant
was still in a very weak state. Thought complain-
aet when brought to the hospital was quite sober.
Mr. Sleigh said he had now put before the bench
such a prima facie case as would perhaps induce the
the magistrate to send the case for trial.

Mr. Pearce said he was prepared with witnesses
to prove that the assault was nothing more than a
matter of self defence.

Mr. Selfe having declined to say whether he would
commit for trial until all the evidence was before him,
Mr. Sleigh proceeded to call his witnesses.
Rose Bryan, sister-in-law of the complainant,
said she saw the prisoner strike complainant. The
prisoner took up a pint tumbler, broke it on the
counter deliberately, and then attacked the com-
plainant with it. The nrisoner struck complainant
three times with the broken tumbler. The prisoner
had not been drinking out of the tumbler. The pri-
soner then throw two other tumblers at the com-
plainant. The prisoner had previously been supplied
with a glass of ginger beer. Did not see the com-
plainant strike defendant on the nose.
Mr. Selfe said that on this corroborative evidence
it would be his duty to send the case for trial.
Mr. Pearce said he was prepared with witnesses
to rebut the evidence given, and to give a different
complexion to the case, but on the intimation that
had been given, he should reserve his defence for the
trial. Ho presumed that bail would be accepted.
The prisoner was then committed to the Central
Criminal Court for trial.

Bail was then
given, the prisoner in £2OO, and
two sureties in £lOO each.

---
WESTMINSTER.—AIfred Kibby, a waiter at
Cremorne, was charged with stabbing police-con-
stable Potter, 174 V, under the following circum-
stances :

Complainant said—About 8 o'clock on Saturday
night I was on duty in Cremorne-gardens, when I
was calk d into the hotel, and Mr. Pearce, the ma..
Hager, said, " Potter, you must see this man out,
he's drunk, and using abusive language, and the
•
company are complaining of him ; you must see him
off the premises'
I've paid him his wages, and dis-
charged him." After Mr. Pearce left, the principal
waiter, Avory, said, "Now put on your coat, Alfred,
and go away quietly." Prisoner then said, What.
you've brought g P°U"/"Zi hem If he lays his

hand upon me, I'll stab him." After a little per •
suasion, he put on his coat, went out and into the
ball-room. Thinking myself called upon to follow
him, I called Avenel!, 244 V, to my assistance, and
going to the prisoner said, " Mr. Pearce has paid
and discharged you, why don't you leave the pre-
mises ?" He then said, " You'd better not lay a
hand upon me." With some persuasion I got him
to leave the ball-room, and was still persuading him
to leave the gardens, when he said, "If you lay
your hand upon me, I'll knife you." He then turned
round and kicked me on the knee. I then took him
into custody, but had not touched him before.
Avenell and I took him by the collar quietly on
each side, when he commenced kicking violently,
and we had got him a shert distance, when he made
a job at my stomach with his right hand. I brought
my hand forward and received the blow upon it
and immediately found the blood trickling from it,
and that I had been stabbed, upon which I called
out to Avenell, " he's got a knife," and catching
hold of his wrist, one of the bystanders took an
open knife from him. We got him outside, ho still
kicking us violently; we called Parish, a hackney-
carriage attendant, whom he kicked two or three
times, once very seriously, upon which Parish
knocked him down and we held him there till I
got assistance. I may mention that from the time
I was called to him first until he struck me I
did not see him put his hand in his pocket to
take out the knife. Although he threatened to
stab me I never anticipated that he would do so ;
he was the last person I should have thought capa-
ble of doing it, as during the time he has been there
he has been a quiet and inoffensive lad.
Cross-examined by Mr. Smyth—l bled very
freely, but the wound is not very painful now. I
considered it my duty, according to my orders from
Mr. Pearce, to see the prisoner out of the gardens.
I boated him with the utmost kindness and for-
bearance all through. He did not promise to g o
quietly it we let him go. I did not say to him,
"By --, if you don't go I'll break your shins."
I had my truncheon out after he stabbed me, but
did not use it. I almost did, but I was most re-
luctant to offer him any violence, having known
him so long, although several gentlemen endea-
voured to persuade me to strike him.
Thomas Avenell, 244 V, and James Parish,
hackney carriage attendant, 194, were called in
corroboration. Parish was not called till Potter
was getting exhausted from loss of blood, and on
prisoner's kicking him violently, Parish knocked
him down. _ _ _

A certificate having been put in from Mr. F.
Goodrich, the divisional surgeon, showing the
nature of the wounds,
Mr. Smyth made a lengthy address to his worship,
in the course of which he said it was much to be re-
gretted that so serious an offence, in point of law,
should have been committed by a young man who,
according to the constable's own account, and as he
would show by Mr. Adams (the secretary to Mr.
Simpson, the late proprietor of Cremorne), and a
host of 'witnesses, was a most quiet and inoffensive
young man. He was afraid the case had arisen
out of over-zeal,.•usness on the part of the police.
His client was intoxicated, and after having
some words with Mr. Pearce, that gentleman had
asked Potter to remove him from the hotel, which
Potter, i❑ his anxiety to do his duty, had no doubt
construed into an order to turn him out of the gar-
dens. Acting under this impression he had fol-
lowed prisoner about. He contended that the con-
stable had no right to do this; prisoner had thought
so too, refused to go away, and he (Mt% Smyth)
understood some violence was used in removing him,
and in the struggle the policeman was accidentally,
stabbed, a state of facts supported by Potter's ob-
servation that the young man must have had the
knife in his hand before the constable came up.
Mr. Dayman thought the observations made by
the prisoner clearly showed that he meant to stab
the constable, and whether the policeman had ex'
ceeded his duty or not had nothing to do with the
case. His own impression was that the prisoner,
having been discharged, had no right to remain in
the gardens. Under these circumstances he should
send the case for trial.
Mr. Smyth remarked that such being his worship's
determination, he would bring forward no witnesses
at present. His worship would, however, he sup-
posed, accept bail for accused's appearance.
Mr. Dayman remanded the prisoner in order that
the depositions might be prepared, and accepted
two securities in £5O each for his appearancp.

WORSHIP-STREET.—George Rust, 31, de-
scribed as an artificial florist, at 44, Beech-street,
City, was charged before Mr. Leigh, with obtain-
ing from Mr, George Damon, of Eagle -street, City-
road, a large quantity of glass beads value £5O
135., by means of a forged cheque.
Mr. Beard defended the prisoner.
The prisoner said that on the 30th of August
last, he sold the prisoner the property mentioned,
and received in payment a cheque for £4B 13s.
purporting to be drawn by Alexander Winer upon
the London and Westminster Bank. On the Ist of
September he presented it, and it was returned to
him marked " no account." - -
Gross-examined by Mr. Beard—Prisoner did not
ask me tn present the cheque immediately, nor have
I received any letter to that effect. Have known
the prisoner four years, and have had business
transactions with him, one of which was for £5O.
I received the cheque in question as part payment
of the dealing for the beads.
By the Court—l have been told by Mr. Winer
that prisoner did not receive the cheque from him.
By Mr. Beard—Mr. Winer is not here. I have
no proof that be said this.
Mr. Thomas Tomlinson Gill, cashier of the South-
wark branch of the London and Westminster Bank,
in Wellington-street, Southwark, proved the pre-
sentation of the cheque, and that not any account
was kept there by Mr. Winer; he so marked it.
Manbridge, 145 N, proved having apprehended
the prisoner in Hailsham, in Sussex, on Saturday
last, on this charge. On hearing the charge prisoner
asked if any one else was in custody upon it ; and
the reply being in the negative, he added, " If the
prosecutor follows up this charge I shall get four
years." Mr. Winer told me this morning that he
paid the prisoner in hard cash for the beads; pri-
soner also told nr.i while coming to London in the
train that he did not write upon the cheque, but
forged it to Mr. Damon.

Mr. Beard observed that such a string of words
was simply ridiculous and totally without meaning.
Prosecutor had manifestly been too hasty in pre-
fc•rrin T this charge, and not any evidence was be-
fore the court to bring prisoner within the pale of
the criminAl law.
Mr. Leigh said he should assuredly remand the
prisoner, and refused bail.

ALLEGED OUTRAGE ON A YOUNG LADY.

At the Petty Sessions, West Bromwich, on Sa-
turday, Major Elwell and Mr. W. Sharp being the
presiding magistrates, William Henry Paine, a
respectable-looking young man, residing at the
Lozells, the son of a farmer in Suffolk, who rents
between 300 and 400 acres of land from Sir Chat les
Hanbury, was placed in the dock, charged with
committing a rape upon the person of Ellen Mary
Bagnall, aged 20 years, dressmaker, of Perry Barr,
Mr. J. T. Bayley, of Wednesbury, having briefly
stated the facts upon which the charge was founded,
called the prosecutrix, Ellen Mary Bagnall, a
' modest, genteel-looking girl, who seemed very ill,
and was accommodate with a chair during the
proceedings. She said.—l have known the prisoner
twelve months last Christmas. Last Monday even-
ing I had been to Mr. Barrett's surgery for some
physic for my mother, and in returning had to pass
the house where the prisoner lodges, at the top of
Chain Walk, in the Lozell's Road. I saw him
talking to a young man, and when I came up he
wished him good night and joined me. We went
together down the Heathfield Road, and along the
Wstminster Road to Hollerton Smith's mill, when
1 said, " Let us go back, or we shall be sure to
meet my sister." I also said, "Itis so late, I dare
not go back all the way round by the road ,•' let us
go the nearest way across the fields." As we
were walking along I told him that my mother
said I must give him up, when he bit his lips and
seemed vexed, and said, "It appears to me you
want to shuffle," and I said, " You may think what
you like. There is a widower lives in a house acros
these field, and he has spoken to me." He asked
me what he said and what he was. I told him he
was an independent man, and he did not say much
to me. He made no remark to this, and I said,
We have lost the footpath ; let us make for it."
I was then on his right hand, and he tock hold of
me, and I thought he was going to pretend to push
me into the ditch, when he clasped me tight, put
his mouth upon mine so as to prevent my shouting,
pushed me down on the bank, and fell on me. The
witness then detailed the nature of the assault,
which was of a brutal character, and continued : I
struggled with him, and tried to push him off me,
and struck him with my left hand, my right arm
being pressed by hia body across mine, so that I
could not use it. As soon as I escaped from him I
said, " You brute, what have you done ? I shall
tell the first person I meet." He said, "Not you."
We met a man about thirty yards off; but he looked
so rough that I did not speak to him. He said,
" Hallo, what's the matter ?" and the prisoner said,
"We've lost our path." He followed me nearly
home, and asked me to forgive him, but I said,
" No." As soon as I got in the house I told my
mother what had happened..

Mr. Motteram cross-examined the witness with-
out shaking her evidence,
Mrs. Bagnall, the mother, said—My daughter
came into the house on the evening in question in
“ very CZcitc4 Ntate, owl afikod Jar what WM the

matter, when she came across the room and fell at
my feet, and told me what had occurred. I imme-
diately sent for Police-constable Davies, who
arrested the prisoner on the following day, and
brought him to my house. When I charged him
with committing a rape upon my daughter he stood
for a moment, and said " I've not hurt your
daughter ;" and I said, " You have ; she was a
virtuous, good girl ;" and he replied, " I've nit:done anything criminal."
Mr. Alfred Barrett, surgeon, of Great Hamp-
ton-row, said he ,?.xamined the prosecutrix on the
following day. There was a bruise on the right
1 side of the right breast, and also a discoloration on.
the right thigh, and another a little above the left
knee. The witness then detailed such evidence as
left no doubt of the nature of the assault.

Mr. Motteram, for the prisoner, pleaded not
guilty, and made a most able and eloquent defence,
and called a witness, named George Pendroy, who
deposed that he was a farm labourer, and on the
night in question saw the prisoner and a young
lady, -whom he believed to be the prosecutrix, pass
him at about half-past nine o'clock in the evening,
as he was watching in the field. They turned out
of the footpath under a hedge, where he lost sight
of them for a quarter of an hour, until they came
over a bank together, when he asked them where
they were going to, and also for something to drink.
The prisoner gave him 11d., and said he thought
there was a road across the field.

Mr. Greenway, merchant, of Princip-street, who
gave the prisoner the highest character, said be be-
lieved him quite incapable of doing such an action,
and stated that he had been apprenticed to him,
and also that he was now in his office.

Mr. Thorneycroft, farmer, Harborne, and other
witnesses, gave testimony to the prisoner's hitherto
irreproachable character.
The magistrates having retired with their clerk
to consult, after the lapse of a short time returned,
and amid breathless silence in the court, Mr. Sharp
said that though there had been such a defence made
as they very rarely heard, and one that almost
tempted them to forget the evidence, which they
must say was not rebutted or contradicted, they felt
it to be their painful duty to commit the prisoner to
take his trial at the next assizes. In consequence
of his previous good character, the magistrates con-
sented to take bail, himself in £l,OOO, and typo
sureties in £5OO each. Mr. Greenway and Mr.
Harrison gave the bail required.

GOUN2RI 111.611a.L.25.

COLCHESTER--SETT, 6.

The supply of wheat to-day at market was pretty
fair, and prices were about is per qr lower. A few samples
of malting barley were sold. Beans and peas were not
sold.

Wheat, white ..56s 64s Beans, Mazagan .. 38s 40m
red 50s 60s middle & small.3BB 44s
'
Barley , 31s 40s Peas, white 42s 44s
Oat

GLOUCESTER-SEPT. 6.

To-day there was a good supply of wheat at market, most
of which was of the new crop, and brought rather easier
prices.

CHELMSFORD-SErT. 5.

The supply of wheat was large, and a fair average busi-
ness was done at a decline of 2s to 3s upon last week's
prices. Spring corn a dull trade, at barely former prices.
Wheat, old white 44s 59s Peas, Partridge- ...37s 470
new 44s 57s White 39s 40s
old rcd....49s bss Boiling 4ls 43s
new 48s 54s Dun 36s 48s
Barley

Chevalier 3os 42s
Grinding 24s 32s
Malt.... 6ls 67s
Chevalier 64s 69s
Oats 22s 29s

Beans, Tick, old ..35s 390
new..—s —0
Harrow Ticks ..35s 400
Mazagan .......34s 38s

KIRKCALDY GRAIN—SEPT. 6.
A small show of wheat and oats to day, and only one
parcel of barley. A slow trade, and prices as of late.
Wheat. Barley. Oats.
Od 32s Od 2Bs Od
Second ..545 Gd 34s 6d 26s Od
Third...6oB_od —8 Od 30s 6d

COAL Al
Mews of Coal per Ton al

[ARKET.
t the Wove of the market.

s. d.l
Cowpen Hartley 19 31
Wylam ..16 0'
Carway and Duffryn
Malting .. 23 0
Do. Anthracite 21 0
Holywell l6 0
Walker Primrose 12 3,
Davison's West Hart-

Walls End.

E. d.

- -
ley
West Wylam 15 0
Lambert's West Hart-

...... — 16 0
Bell's Primrose l3 0
North P elton Gas . /3 31
Eden Main 15 9,

Kelloe
Frain well gate ... . l5 6
Hartlepool 16 3
. 1 South Hartlepool.... l5 3
Hetton 0
South Hetton 17 0
Haswell l7 0
Whitworth 15 3
Cassop l6 0
South Keno° l6 0
Heugh Hall 15 6
W.Byron 15 3
Belmont 15 3
Braddyll's Hetton 15 9
Tunstall
James
....14 9

78; sold, 60.