The Sun.
London, England, 1848-04-03 00:00:00

MAI?YLEBONE.

The public are already in possession of the facts
which were elicited on Friday, in the course of an
investigation before Mr. Long, of a charge against
Lord Kingston, for having assaulted a young man
named George Cull. It will be remembered that the
magistrate, after hearing the whole of the evidence
adduced, came to the conclusion that it was his duty
to send the case before a jury, and that if bail were
given it must be to a very large amount, viz., the
noble defendant in 5,0001., and two sureties in
2,500/. each, making in the whole 10,000/. ; the two
sureties, owing to the short period which intervened be-
tween the termination of the inquiry and the closing •)f
thecourt, were not forthcoming; and upon Philip Davis
Cooke, Esq., a Yorkshire magistrate, becoming an-
swerable in 5,0001. for defendant's appearing on
Saturday, he (Lord Kingston) was liberated from
custody, and he then quitted the court, accompanied
by numerous friends of an exalted station.
At about one o'clock on Saturday, his Lordship
arrived with several companions, amongst whom was
his brother, the Hon. James King ; the party re-
mained for some time in a private room attached to
the office, and at two o'clock, the time appointed for
them to be present in order to hear the depcsitions
read over by Mr. Fell, the chief clerk, they were in-
formed that their presence was required in the court.
Upon this intimation, the whole of the gentlemen en-
tered the justice-room, and some of them (they were
not more than four or five in number), took their
seats near the bench. The titled defendant stood in
front of the bar, which position he occupied on Fri-
day, when the evidence against him was being given,
Mr. Long hereupon said, " If his Lordship likes to sit
he can do so." Lord Kingston then took his seat by
the side of his legal adviser, Mr. Justins.
The rest of the depositions were read over, and the
recognizances to the amount of 10,0001. were given,
the bail, independently of his Lordship, being Wm.
Holmes, Esq., 10, Grafton •street, Bond-street, and
Philip Davis Cooke, Esq., Houston, Yorkshire.
LAMB E TH.

James NP Coy, James Crawley, Richard Hennessey,
and Timothy 1114Carthy, were placed at the bar
before Mr. Elliott for final examination, on the fol-
lowing charge :
Police-constable Thomas Streams, 148 L, deposed
that, on the night of the 18th March, at about half-
past eleven o'clock at night, while on duty in Broad-
street, Lambeth, he saw the prisoners, M'Coy and
Hennessey, come out of the Jolly Gardeners public-
house, in that street. 11,1‘Coy pulled open the door
with his left hand, and struck the window in the door
with his right, exclaiming, " Take that, you —."
He then was starting off, but he (witness) ran and
stopped him, when he had got about five or six yards
from the door. He then asked him if he knew what
he had been doing, when the prisoner repeatedly
called on him to let him go, and ultimately struck
him on the mouth, but he still kept hold of him.
Hennessey then came up and called upon him to
let M'Coy go ; and on his saying he would not, he
(Hennessey) also struck him on the mouth with
his clenched fist. Mr. Butterfield, the landlord of
the Jolly Gardeners, here came up and asked
him why he did not spring his rattle, and his
reply was that he could not do so, he was
so much engaged with M'Coy and Hennessey, who
at the time were pulling him about and struggling to
get away. The witness Fairbrother, however, took
the rattle out of his pocket and sprung it ; but while
doing so it was knocked out of his hand on to the
ground. At this time the other two
,prisoners, with
eight or ten more, came up, and Crawley struck
him on the back of the head and knocked his
hat off, and ll'Carthy kicked it away. Crawley
struck him several times on the back part of his
head with his fist. M'Carthy alto struck him on the
mouth. M'Coy got hold of him by the stock, and
tried to strangle him, and he became so exhausted
that he nearly dropped, but, fortunately, he got his
hand away. M'Coy then caught him with his teeth,
and gave him a severe bite on his shoulder. He also
got one of his legs twisted round one of witness's,
and tried to throw him. They both fell together,
and he was kicked several times on the stomach and
back part of his head, and he heard a voice call out,
" Kick him, kill the —." He called out for help,
when he was kicked on the bottom part of his belly.
The witnesses Fairbrother, Leedham, and Bailey,
then helped him up, and he thought, but for their
assistance, and that of Stratton, another constable,
he must have been killed. They managed to secure
M'Coy, and the others were taken afterwards.
In reply to the questions of the magistrate, the
witness said M'Coy struck him several times in the
face and kicked him once on the left leg. Hennessey
struck him twice in the face, Crawley knocked his
hat off and struck him several times on the back part
of his head, and M'Carthy struck him on the mouth.
All these assaults he would distinctly swear to, and,
besides these, he got kicked and knocked about dread-
fully by the prisoners and their eight or ten asso-
ciates. In his struggle his hat and rattle were lost,
but the former was found two hours after, the latter
not at all. The witness, who seemed exceedingly
ill, said he was still suffering severely from the
serious injuries he received, that he had not been
able to do duty since, nor did he know when he
should.

James Fairbrother, a labourer, residing at No. 1,
Salamanca-street, Lambeth, deposed that he was at
the Jolly Gardeners public-house, in Broad-street, on
the night in question when M'Coy and five or six
otherscame there. It was about half. past eleven o'clock
when they came in, and as soon as M'Coy pushed the
door open he commenced using the most foul and
abusive language. He asked Mr. Butterfield, the
landlord, for a pot of beer, but Mr. Butterfield
refused to serve him, M'Coy then put himself into
a fighting attitude before the bar, and struck at Mr.
Butterfield. He then rushed towards the door and
broke a large square of glass in it, and was going
away when witness saw 'Streams take hold of him.
He had scarcely laid hold of him when the constable
was surrounded by several others of the party, and
he distinctly saw M'Coy and Hennessey ill-use him.
The witness corroborated the greater part of the tes-
timony of Streams, the constable, and described the
conduct of all the prisoners to have been the most
brutal and savage he had ever witnessed.
John Leedham, a greengrocer, residing at 190,
Lambeth-walk, said that on the night in question he
was standing at his own door, which is about thirty
yards from the Jolly Gardeners, when he heard a
rattle sound, and on going to the place he saw the
constable Streams lying on the ground and the pri-
soner M'Coy holding him by the stock. At this time a
man named Donahoo came up, and witness, thinking
he was about to strike Streams, pulled him back. The
prisoner Crawley at this time struck him a violent
blow on the face, and followed him to his own door
and struck him four or five other blows about the head
and face. Two constables then came up and secured

Crawley, and on their way to the station-house he '
avir several stones picked up. Crawley told him,
e itness, at the station-house, that he deserved to have
his head knocked off.
Mr. John Butterfield said I am landlord of the
Jolly Gardeners, in Broad-street; Lambeth. On
Saturday night, the 18th of March, as stated by the
witness Fairbrother, M'Coy and the others came into
my house, at about half-past eleven o'clock—the
whole of the four prisoners, and I think there was
another. M'Coy pushed open the door, and pushed
against some women, and made use of the most
offensive and disgusting language. I told him that I
could not allow such conduct, upon which he pro-
ceeded to the use of more disgusting language. I
refused to serve him, upon which he squared at me—
asked me why I refused to serve him, and threatened
to ill-use me. I repeated that I would not serve him,
upon which he went to the door, opened it with one
hand, and with the other broke a square of glass in
the door. This he did wilfully. He went out then,
and I followed, and saw Streams, and I endeavoured
to assist him, and managed to get the rattle, and
spring it. I saw M'Coy with his hand in Streams's
stock, when that constable way lying on the ground.

Alexander Bird, barman Co Mr.-Butterfield, cor-
roborated the whole of his master's evidence, and
added, that while he was springing Streams's rattle,
it was taken out of his hand, and he received a severe
blow on the mouth. On his way to the station-house
he was struck by some mud by the mob, which was
very great.
William Bailey, a labourer, said he was going into
the Jolly Gardeners, when the prisoner (M'Coy) was
coming out, and he was very nearly knocked down
by him. He saw M'Coy deliberately break the square
of glass, and the constable (Streams) lay hold of him.
The prisoner then came up, and struck Streams on
the back part of the head with his fist, and also gave
him a second blow on the face. The prisoner (Hen-
nessey) also struck Streams a violent blow on the head,
and knocked his hat off. The blow was meant for the
constable's face, but happening to turn round just at
the moment, it fell on the back part of his head.
M'Carthy then kicked Streams's hat away, and also
kicked Streams on the stomach. This kick he (witness)
was sure the prisoner meant for another and more
delicate part, but his foot reached a little higher.
He saw M'Coy bite Streams on the arm, and saw
him also hold him by the stock, and pretty nearly
strangle him. There were several others besides the
prisoners ill-using Streams , by kicking and beating
him ' • and he heard one of them, but he did iiot know
which, call out to his companions to kick the
constable in a certain place. When the prisoners
were being taken to the station-house, the constables
were pelted with mud and stones by the mob.
George Stratton, 118 L, deposed that he had been
severely struck, kicked, and " butted" with his head
in the stomach by the prisoner M'Coy. Until
assisted, which was full five minutes, M'Coy was
knocking him about and struggling with him ; and
so violent was he, that it required five men to take
him to the station-house. Witness was so much
injured with M'Cloy's kicks and blows, that he had
nut been able to resume his duties.

Police-constable William Weston, 65 L, said that,
while following APCoy and Crawley to the station-
houge, Hennessey and M'Carthy were pointed out to
him as persons who had previously taken an active
part in the outrage. He perceived that 111‘Carthy
had a large stone in his hand, and was in the act of
drawing his arm back, and to strike Mr. Leedham,
who had pointed him out, when he secured him. He
also saw Hennessey throw a stone, or something else,
towards the constables who were taking M'Coy and
Crawley, and then run down Goulding's-place,
Kennington-lane. Witness procured assistance and
secured him. _ _ _

Mr. Wagstaff, the divisional surgeon of the L divi-
sion of police, said he was called in to examine the
constables Streams and Stratton on the night in-
question, and found the former in a state of great ex-
haustion. He appeared to have a great difficulty of
breathing, and was very much bruised about the head
and body, and appeared to be seriously injured inter-
nally. He was so much strained and ill-used that he
was obliged to keep his bed for a week, and was still
very weak and unfit for duty, and would be for some
time to come. Stratton was not so much injured,
but he complained of pains in his side, and about his
head. He, too, was still under his treatment, and was
at present unfit for duty.
In reply to the charge, Al‘Coy said he did not re-
collect striking the policeman. He had never been
in custody before, he said, and had received a blow
from a policeman's truncheon on the forehead. He
also, he said, received a kick from one of the police-
men, a little above the left ankle, and had not since
been able to use his leg properly, and was pulled about
like a dog in going to the station-house.
The prisoner Crawley said he had not said a word
to any person when he was struck, and turning round
and believing it was Mr. Leedham who struck him,
he returned the blow. He only struck that blow and
went quietly to the station-house, where he had never
been before, nor had he ever been before a magistrate
till the present time.
Hennessey said he was quite innocent of the charge,
and was walking with the mob to the station-house
when he was taken into custody.
M'Carthy said he was just coming by the Jolly
Gardeners when he heard the row, and saw M'Coy
and Crawley taken to the station-house. He was told
that M'Coy, who was a fellow-lodger of his, was one
of those taken, and he followed to see what would
come of it, and he was taken by the police. He denied
having a stone in his hand, or throwing anything at
the police.
The prisoners were fully committed to take their
trial for the outrages at the next Newington sessions,
and the different witnesses were bound over to appear
to prosecute.