The Sun.
London, England, 1841-06-19 00:00:00

COURT OF EXCHEQUER, June 18.

THE QIIEEN V. HAMILTON.
The ATTORNEY-GENERAL said this was an information
filed against the defendant, for carrying more passengers in
his coach between London and Hampstead, than he was duly
licensed to do. There could be no doubt of the fact, and
it was necessary for the officers of the revcuue to take
such steps as would prevent such frauds, not only upon the
Government, but upon the fair trader. However, in the pre-
sent case, there was every reason to believe that the defendant
was not aware of the practices of his servant,, who were, in
fact, the guilty parties ; they-therefore did not wish to press
severely upon the defendant, and had agreed to take a verdict
for the Crown for 751.

Mr. THESIGER appeared for the defendant, and consented
to the verdict for 75/. passing against him. There was no
doubt but the servants of the defendant had transgressed the
law, but it was not only in fraud of the revenue, but of the
defendant also ; however, he was liable to a penalty, but .he
complained that the proceedings were brought in the Superior
Court. Had the offence been complained of before a police
Magistrate, the same explanation would have been made, and
great expense saved.
His LORDSHIP directed the Jury to find a verdict for the
Crown for 75/., as had been agreed upon by the Learned
Counsel. Such informations were very properly filed by the
officers of the Crown, as it was necessary not only to protect
the revenue, but the fair trader.
Verdict for the Crown 75/.

CENTRAL CRIMINAL COURT.

OLD COURT.

Richard Popham, John Al' Phone, and William Donaghue,
were indicted for feloniously assaulting George Watmore, a
police constable, with intent to kill and murder him.
In other counts the intent was said to be to maim and dis-
able the prosecutor, or to do him some grievous bodily harm.
Mr. CLARSON conducted the prosecution; and Mr. CHAR..
wocx defended the prisoner M'Phane, Mr. HORRY appeared
for Donaghue, and Mr. RAYNE for Popham.
It appeared that the prosecutor was on duty in Hooper-
street, Lambeth, between eleven and twelve o'clock on the
night of the 17th May, when he received information that
a person had been robbed of a watch in a beer-shop
called the Farm House ; he was proceeding towards
the house, and when he was about ten yard; from it
the prisoner Popham came out of a brothel on the opposite side
of the street, and said to him, " You -, you shill never
reach the house," and at the same moment struck him a vio-
lent blow in the face with his fist. Popham was then about
to go towards the beer-shop; when he endeavoured to prevent
him ; and he then knocked his hat off with a " life preserver,'
which he took out of his breast pocket. Popham almost imme-
diately hit him on the temple with the same instrument, and
inflicted a severe wound. He then laid bold of the prisoner,
who struck a second blow ; and the policeman seized the life-
preserver, and a struggle ensued, during which M'Phane
came up, and, as the policeman believed, struck him with
another life-preserver on the cheek, which was cut open, and
he was felled to the ground; still, however, retaining hold of
the prisoner Popham. While he was upon the ground,
M'Phane struck him a violent blow on the arm, which com-
pelled him to loose his prisoner, and M'Phane then struck him
again on the head, and Donoghue came up and kicked him
while he was lying on the ground. The man who first as-
saulted him then got away, and the policeman, as he sup-
posed, lay about five minutes on the ground, when another
constable, naused Jones, came to his assistance, and they went
together to the beer-shop, where they found Donoghue, and
took him into custody. The constables thrn went to the
lodgings of the prisoner M'Phane, and just as they ar-
rived, they saw a light in one of the rooms, which was
almost immediately extinguished. Upon their going into his
bed-room 111‘Phane said, " I knew I should be ' nailed' for
this, but I shall only be fined, and if it should be 51. or even
101., I shall pay it." The prisoner Popham left the neighb,ur-
hood, and he was not found until a fortnight afterwards, when
he was discovered in the Compter, and he was removed from
thence to take his trial, by habeas. It appeared that the pro-
secutor received very severe injury, and was confined to his
bed for several days.
The Learned Counsel examired tie prosecutor at consider-
able length, with a view to .slicsv that he was mistaken in the
identity of the prisoners, but I.e persisted in his original state.
ment.
Several witnesses were called in corrobirw ion of the pro-
secutor's story, and Mr.WaEstaffe, a surgeon residing in Lam-
beth, described the nature of the in.,uries he had received, and
Said that they were of a very severe and dangerous character,