The Sun.
London, England, 1849-05-28 00:00:00

o the judge's order, nor indeed could the case tie re
uoved into this court by that order, as the prosecutor
had preferred a charge of felony in the indictment which
was never mentioned at Bow-street, and for which there
was nu foundation whatever. The indictment charged
the defendants with a misdemeanour and a felony under
Lord Campbell's Libel Act, in conspiring together to
extort money from the prosecutor, and that circumstance
rendered it necessary that another writ of certiorari
should be issued, which could not be done in the first
instance, but only on a rule to show cause.
Mr. Justice WIGUTMAN took time to consider the ap-
plication.

MA RLBRO'-ST REET-( THIS DAY.)
Patrick J,7 clan, John Leary, and William Barry,
three rough-looking Irishmen, residing in Gee's-court,
Oxford-street, were placed at the bar before Mr. Bing-
ham charged with being drunk and assaulting the police
while in the execution of their duty.
Bower, 1.13 D, stated that this morning, about one
o'clock, he was on duty near Gee's court, Oxford street,
when his attention was called to the prisoners, who were
in company with about twenty others standing at the
corner of the court. Jordan appeared to be disputing
about a pot of beer, and the whole of them were con-
ducting themselves in such a manner as to cause very
great annoyance to the inhabitants. Witness desired
them to go away peaceably. They refused, and
Jordan struck him a violent blow on the side of
his face with his fist. He (Jordan) then called
upon the others to come and smash the "b—
-peeler." Directly he had called upon his comrades
he began striking him again in the face, the prisoner
Barry at the same time following up the attack in the
rear. Witness was then completely surrounded by the
lot, and after some difficulty he succeeded in getting out
his rattle, and was on the point of springing it, when
Jordan called out to his companions to take the "
rattle away." The prisoner Barry then wrenched it from
him, and tried to break it. Witness then rushed upon
Barry and got the rattle from him. Witness was then
knocked down on the flat of his back, and as he was lying
in that defenceless position the prisoner Barry kicked him
about the body; and a man named Dooland (not in cus •
tody) struck him a tremendous blow on the head, frac-
turing the top part of the skull. The prisoner Leary, by
way of a finisher, then came up and kicked him in the ribs
with great force several times. They continued this until
a gentleman came up, and took his rattle from him and
sprung it. Some constables came to his assistance, and
the prisoners ran away. Witness was so exhausted
from the loss of blood, that he was obliged to be carried
to the station. He was now returned as unfit for duty.
Police-constable 16 D said in consequence of hearing
a rattle sprung this morning, he ran to the corner of
Gee's-court, where he saw the last witness bleeding
from the head and face. The prisoners no sooner caught
sight of witness, than they ran away. Witness left the
complainant in the care of some other constables, and
went in pursuit of the prisoners. He subsequently took
Jordan and Leary into custody at a public-house in
James-street.
Police-sergeant, 20 D, said he went in pursuit of
Barry, and caught him secreted in a door-way in Ox-
ford-street. Witness told him he was wanted for as-
saulting a brother constable. He replied, " What, me,
you b—; take that," at the same time striking him
several blows with his fists. Witness then took him into
custody.
The prisoners denied the charge, and said they were
not near the place at the time the row took place.
Mr. BINGHAM thought the charge against the pri-
soners completely proved, and committed them to the
House of Correction for three months.