The Sun.
London, England, 1846-11-25 00:00:00

SOUTHWARK.

A case, which excited considerable interest, and which
,as adjourned over from the previous day, came on for
hearing, in the shape of a summons against Miss Emily
Mitchell, for assaulting and obstructing two persons, one
a tipstaff of the Common Pleas, and the other the officer
of the Queen's Bench prison, in the performance of their
duty.
Mr. Ballantine appeared for the prosecution, and Mr.
J. H. Parry for the defendant. Mr. Sturgeon, also a
barrister, attended to watch the proceedings on the part
of a gentleman named Herring, interested in the case,
and an inmate of the above prison.
The complainants' statements in support of the charge
were to the following effect :—On the morning of the
119th inst. they were employed in conveying Mr. Herring
by a habeas from the Queen's Bench Prison to the
Arches' Court, Doctors'-commons, where he was a party
in a cause. When they got outside the walls of the
Bench, Mr. Herring was joined by Miss Emily Mitchell,
and they all proceeded together to their destination. On
their return to the prison, when they got to the corner
of Holland-street, Blackfriars-road, the tipstaff and
his colleague insisted that the person they had
in custody should go down Holland-street, and by
that route to the Bench. This, however, was
resisted by the defendant, who urged Mr.
Herring not to proceed in that direction, but to
go down the road. The latter, acting under the in-
fluence of that advice, expressed his intention not to pro-
ceed the way the officers wished, and a cab was called
off the stand, in which it was intended to place Mr. Her-
ring. When the vehicle drove up for that purpose, Miss
Mitchell placed herself at the door so as to preclude the
possibility of placing Mr. Herring within it, and she at
the same time collected a crowd by her extraordinary
conduct, and, as alleged by the officers, she threw such
rash impediments in the way, that they were under ap-
prehensions at the time that the mob, excited by her
behaviour, would have attempted a rescue, and enabled
the gentleman they had in custody to make his escape,
he at the time being under heavy liabilities as a debtor
in the Queen's Bench. At length, however, and after a
gentleman was called to render assistance, Mr. Herring,
finding matters assuming rather a serious aspect, got
into the cab with the defendant, accompanied by the
officers, and was safely lodged in his old quarters. For
the obstruction that ensued on the occasion, originating
in the conduct manifested by the defendant, the authori-
ties of the Queen's Bench Prison considered it requisite
to bring the circumstances under the consideration of
the magistrate, in order that those officers, having an
important duty to perform, should not be obstructed in
the manner above described, but protected in the due and
proper execution of it.
Mr. Parry stated that he had several witnesses in at-
tendance to disprove the statements made by the com-
plaining parties, and whose testimony would thereby
show that it was a trumpery charge altogether, and got
up with a view of persecuting the parties, particularly
Mr. Herring, who had somehow rendered himself ob-
noxious to the prison authorities—that, in point of fact,
that gentleman had actions now pending for assaults
committed upon him by officers of the prison in which
he was incarcerated. The Learned Gentleman then
proceeded to cross-examine the tipstaff and the Queen's
Bench officer as to whether they were not influenced by
ill-feelings against Mr. Herring to adopt the present
proceedings against the defendant. The officers, how-
ever, denied that such was the fact, and Mr. Parry was
about to call fbrward the witnesses for the defence, when

The MAGISTRATE suggested, that as a case of common
assault was made out against the defendant, he should
therefore adjudge her to enter into her own recognisance
of 201. to appear to answer the charge at the sessions,
that when the case was regularly before a jury the de-
fendant could then have all the advantage of her wit-
nesses' testimony in her behalf.
The magistrate's suggestion was agreed to by Mr.
Parry, but his client expressed her disappointment, say-
ing that she was convinced, if her witnesses were
heard, the magistrate would decide the case by dismissing
it at once, without sending it before another tribunal.
An application was afterwards made by Mr. Sturgeon,
ou the behalf of Mr. Herring, calling upon the magis-
trate to compel the two complainants to enter into bail
to keep the peace, as he was really afraid of them, and
that they threw every obstacle in his way, and, by their
conduct, tried to persecute him in every possible way.
Mr. SECKER, however, refused the application, and
Miss Mitchell having entered into the required surety,
was then discharged. _ _