The Sun.
London, England, 1840-01-13 00:00:00

POLIC

N 'l' E

LIAGENCE.

MARLBORoUGH STIME7

Reginald T. Cocks. Esq., of ilarley-stre,.st. t,rmt ht
Mr. Carpenter, part proprietor An d driver Of tiie Ag,t
Brighton coach, before Mr. DYER, for using abusive lan-
guage to him, and detaining a portmanteau. Mr. Cocks
said he paid his fare in Brighton, and came to London on
Thursday by the defendant's coach. When at the Bull
and Mouth, Regent-circus, while getting his luggage to-
gether, he was interrupted by the defendant askit g him
for the fare. Complainant mentioned that he had paid it,
but the defendant produced the way-bill, and replied he had
no account of the payment. and he must detain the lug-
gage for the amount, Complainant tendered his card,
but the defendant would not receive it, and proceeded
to lay hold of complainant's portmanteau; upon which
comolainant seized the defendant by the collar to prevent him
from going away with his property. A scuffle-ensued, and the
coachman's hat fell off. Complainant was ultimately
obliged to go on with the coach to Albemarle-street, where
he again, without success, applied for his luggage. When
the coach stopped to put down a passenger in George.:
street, Hanover-square, complainant made a third appeal
to the defendant, and offered to leave, by way of security,
his hat case and umbrella. The dofc udant replied he was
" no gentleman, he never had a hat worth sixpence, and he
would have nothing to do with such a vagabond." Com-
plainant was in the end obliged to relinquish his portman-
teau, which was at the present time at the booking-office.
Mr. Lewis cross-examined the complainant ; and on
obtaining an admission from him that he laid hold of the
defendant's collar, asked Me. Dyer if ho thought it neces-
sary to carry the case further now an assault had been ac-
k now I..dged ?

Mr. DYER replied he was of opinion that the case ought
to go on.

Two witnesses were called on the part of the defendant,
one a waiter at the Clarendon, and the other a conductor
to a Richmond omnibus. The first said he saw the com-
plainant lay hold roughly of the defendant, but he did not
hear any improper expressions from either party. The
conductor said he heard Mr. Cocks call Mr. Carpenter a
vagabond, and saw him commit on Mr. Carpenter the
most brutal assault that had ever been witnessed.
Mr. DYER said the last witness, the conductor, had ma-
terially damaged the case, for he had asserted what the
other witness had negatived, and, had, in addition, de-
scribed the assault as one of the " most brutal" kind,
whereas the whole evidence clearly proved that such a
description of the matter was only to he ,treated with
laughter. As to the question of the payment of 'thee fare,
ha would lea'e that out of consideration. With respeCt to,
the detention of the luggage, he thought so much inconve-
nience would arise to passengers if this proceeding were
adopted without due caution, that he did not think a
coachman was justified in resorting to such a course. He
would not enter into the question of how far a person was.
justified in laying forcible hands upon his own property ;
but there could be no question that a breach of the peace
would most likely ensue if any attempt were mildest() take
such property out of the owner's hands. It was improper
on the part of the defendant to apply the offensive epithets
which he did to the complainant, and as he saw no reason
to doubt the accuracy of the complainant's statement, he
should consider the case proved, and inflict, in conse-
quence' a fine of 40s.
Mr. Cocks said he would not press the matter farther if
the defendant would make an apology.
This the defendant declined.

The second charge of detaining the luggage could not
be entertained, as the defendant claimed to have a lien
on it for the fare. Mr. Lewis said he had a letter from
Brighton, which stated that the fare was not paid.
Mr. Cocks said he wouid pay the fare a second time,
under protest, in order to get his portmanteau. '
A notice of appeal against the fine was given.