The Sun.
London, England, 1851-09-26 00:00:00

conquests and forts, and withdraw beyond the line of
the li,,uban ; SHAMIL, on the other hand; guaran-
tees to disarm his warriors, and not to molest the ca-
ravans trading to Azerbaijan. The armistice is for
one year, at the expiration of which a treaty of peace
will be concluded.

Campbell were servants to attend upon biro, but
failed; as also to deny that he had been lashed to the
stanchion, and prevented from coming OR deck when-
ever he wanted. They also attempted to prove that
he was a drunkard, which was denied by the crew,
and alio that he had cruelly used a sailor-boy, which
the boy himself disproved; that he had generally been
insulting in his manner to Captains Vesey and Neill,
which, however, could not be proved. After trying
to charge him with blasphemy and embezzlement,
they completely broke down at the fourth witness,
and declined to call another, although they had a list
of 13 soldiers, two women, and the disrated mate, to
pull them through, if their case had contained within
it even the shadow of a justification.
After a long, learned, and very impartial address
from the Chief Justice, the jury retired, and returned
with a verdict of guilty against the defendants, and
awarded—Damsges, 200/.

The Turkish Government has just announced offi-
cially to the foreign missions that the fleet will not go
out on its customary cruise this year.

THE SEIZURE OF THE LEVENSIDE.
In copying the following from the St. Helena
paper, we should remark that it appears anything but
an impartial report of a law case :
(From the St. Helena Advocate of July 17.)
This interesting and, from the peculiar circum-
stances attending it, exciting case, came on at an early
period of the day, and drew together an unusual num-
ber of spectators in the court. Taken altogether, it
is one of the most extraordinary cases ever tried at
St. Helena. More interest arts felt in this trial than
would otherwise have been in consequence of the
marked and highly improper interference of the Go-
vernment.
It will be in the recollection of our readers that on
the 22th May the Levenside arrived in charge of the
first mate, the captain being in chains, a prisoner in
the hold. It will also be borne in mind that as soon
as possible after the arrival of the vessel CaptainVesey,
an officer in charge of a detachment of artillery,went
to the police court and laid an information against
the captain for assault with intent to murder Captain
Vesey. A warrant was granted for the ap-
prehension of the master of the vessel,
and put into the hands of Hayes, the
police-sergeant, who immediately went on board
and found the captain a prisoner in the hold, with a
chain fastened around his wrists with two padlocks,
and also with a sentinel over him. On giving a re-
ceipt to the soldier, Sergeant Hayes received Captain
Campbell in charge, and took him in custody to the
police-office, where, after a long investigation, he was
committed for trial, but immediately bailed out by the
agents for his vessel.
As soon as Captain Campbell reached the police-
court, and had obtained the assistance of a solicitor,
he wished to lay an information against Captains
Vesey and Neill, and others, for piracy ; but the
magistrates would not proceed in the matter at that
time.
When the police magistrate and the summary judge
had taken their seats to proceed in this case, the public
were much surprised to see the Colonial Secretary, an
unpaid magistrate, take a seat also, it being gene-
rally understood that he had so done at the request of
the Government. This was an unusual circumstance,
as this gentleman rarely takes a seat on the bench ex-
cept at the request of the other magistrates in cases of
emergency. Suspicion was immediately excited in the
public mind that Government influence was busily at
work, as the sequel ultimately proved. The consequence
of this step was that unusual interest was felt in the
issue of the trial, as it was immediately seen that
the case had altogether assumed another aspect, and
the whole proceedings were, therefore, watched by the
public with very unusual jealousy and mistrust.
Another feature in the cause was that the police ma-
gistrate, who bad only been appointed a week or two
before to that responsible office, was the colonial se-
cretary's clerk; and, therefore, immediately under
his influence. In the course of the investigation an
objection was started to Captain Campbell's solicitor
(who acted for his father) on the ground that he was
the judge's clerk; but this objection was for a time
overruled, and be took an active part in conducting
Captain Campbell's defence.
Immediately after the committal of the captain a
short narrative of the seizure of the Levenside, with
the proceedings of Captains Vesey and Neill, ap-
peared in our columns, on which Captain Vesey im-
mediately wrote to his Excellency the Governor, and
complained that the article in question gave a one-
sided account, and that it was not altogether true. On
the receipt of this letter the Governor sent for one of the
Government servants, and said that Captain Vesey
had accused him of being the author, which was in-
stantly avowed, and the truth of the article defended.
After the authorship had been avowed and fully ad-
mitted, the judge's clerk was also sent for, and
closely questioned as to whether he had not some
connection with the paper, which was instantly and
truly denied. Immediately after this the judge's
clerk was prevented from acting on behalf of Cap-
tain Campbell, which placed him in a very difficult
and critical situation.
Two of the magistrates, the Colonial Secretary,
and his clerk, acted together in everything, and only
consented to go on with Captain Campbell's informa-
tion for piracy till after be had been committed for
trial, and then declined to_ take any further steps in
the matter.
Soon after this it was rumourel about that the
sworn depositions taken in the police• court were ac-
tually in print and about to be published in the
Government Gazette, by, or at least with, the consent
of the Colonial Secretary and his clerk, thus taking
away from Captain Campbell the only means be would
have when on trial of testing the memory and vera-
city of the prosecutor and his many witnesses. This
unjustifiable act was, however, protested against, and
his Honour the Judge of the Supreme Court caused
the publication of these documents to be stopped, but
not until after some copies had got into circulation,
although the prisoner and the clerk of the peace
alone have the right to demand copies of such docu-
ments.
Captain Campbell entered an action against Cap-
tains Vesey and Neill for false imprisonmtint, when
it soon became known that Captain T. B. Knipe, the
colonial aide-de-camp and coroner, bad undertaken
to defend them.
From the general proceedings and tactics of the
prosecutors, it was seen that they were aiming at a
conviction, apparently for the purpose of reducing the
damages laid against them in Captain Campbell's
action, and to obtain this conviction they strained
every nerve, but they were defeated. The charge of
the judge to the grand jury was eagerly expected,
and as eagerly listened to; for it was felt by all par-
ties that upon that charge materially depended the
finding or non-finding of the bill of indictment.
The Judge's charge was plain, clear, and to the
point. He explained bow the law generally bore
upon the case, and instructed them to consider the in-
tentions of Captain Campbell when he threatened to
use his pistol against Captain Vesey.
The jury then retired to examine the witnesses ;
and after a long and protracted investigation they re-
turned to the Supreme Court, and it was found they
had ignored the bill of indictment, which appeared to
give great satisfaction to every one not connected
with the military. The indictment actually con-
tained no less than seven counts, so that the Govern-
ment gave the prosecutors every chance of securing a
conviction, and thus made their failure more signally
marked.
The result of the civil action appeared to excite as
much interest as the finding of the grand jury in the
criminal case.
The plaintiff, Captain Campbell, laid his damages
at 2,0001. It was tried before a special jury, obtained
after a deal of challenging and re-challenging between
the amateur advccates who conducted the respective
cases ; for as the opinions of the jury in the long run
are generally known in II small and isolated commu-
nity like that of St. Helena, this is a matter of the
greatest importance, as indeed it is in all cases;
but here it is, perhaps, the, most critical part of the
business.

MIDDLESEX SESSIONS, Sept 26.
John Morris was indicted for having unlawfully
assaulted one Maria Cooke with intent to commit a
rape.
___ _

Mr. O'Brien conducted the case for the prosecu-
tion, and Mr. Ballantine defended the prisoner.
It appeared that the prosecutrix is the wife of a
policeman, 46.5 K; that she lives in Sidney-street,
Newport- terrace ; and that between twelve and one
o'clock on the morning of the sth inst. she was on
her way borne, in company with a friend of the name
of Mary Green, at the house of whose sister they
had been passing the evening. As they were going
along the road by the gardens between Bethnal-
green and Three-colt-lane they heard a man following
them at a quick pace. That man proved to be the
prisoner, and on coming up he addressed them, but
they told him they did not wish to have anything to
say to him. The prisoner, however, renewed his
conversation, and presently put his hand on the
shoulder of the prosecutrix, who insisted that he
should leave her alone, as she was a mar-
ried woman. The prisoner persisted in his
attentions, and having placed his arm round her
waist proceeded to treat her with gross indecency. She
thereupon screamed as loudly as she was able, and
again declared herself to be a married woman. Her
friend, seeing the lengths to which the prisoner was
proceeding, called for the police. Eventually an
officer came up, and was a witness as he was ap-
proaching them of the indecent conduct of the pri-
soner, who was in due time taken into custody.
Miss Green corroborated the evidence of the prose-
cutrix.

Mr. BALLANTINE, for the prisoner, said it was im-
possible for him to struggle against the evidence
which bad been given. Both of the witnesses
appeared to be very prudent women, and there could
be no doubt but that the account they had given of
the transaction was correct. The truth was the
prisoner was in drink at the time of the commission
of the assault, for which act he now expressed his
contrition, and was prepared to make any compensa-
tion in his power.
The jury found the prisoner Guilty of the common
assault.
The Learned JUDGE sentenced him to three months'
imprisonment.
Mr. O'BRIEN was sorry to inform the Court that
since this transaction the husband and the prosecutrix
had lived a life of great unhappiness.
The Learned JUDGE remarked that the husband
ought to be proud of such a wife, even if it were only
for the manner in which she had behaved in court
that day in giving her evidence.
Elizabeth Goodman, the widow of Thomas Good-
man, who has died since the commencement of these
proceedings, Jane Champ, Esther Davies, and Rachel
Davies, pleaded Guilty to an indictment charging
them with having kept a brothel in Queen's Head-
court, Windmill-street, Haymarket.
Mr. Ballantine appeared for the parish authorities
of St. James's, Westminster; and Mr. Clarkson,
with Mr. Trevethan Spicer, represented the several
defendants.
The defendants having pleaded Guilty,
Mr. BALLANTINE stated that the parish authorities
had been compelled to institute these proceedings in
consequence of frequent complaints having been made
by the inhabitants of the neighbourhood. The prin-
cipal offender bad been called to his final account
since the commencement of these proceedings, and his
widow now appeared at that bar as the chief' offender,
while the other defendants would seem to have acted
in the capacity of servants only. It should be stated
that the owner of the house in question was Mr.
Daniel Whittle Harvey, the Commissioner of the City
Police, and he could not but feel regret that that
gentleman should be the owner of property of such a
description ; but being so be now bad the satisfac-
tion of handing him the key of the premises which
the widow Goodman had given up. He could not
but anticipate that Mr. Harvey would now gladly
accept the key with feelings of delight at having
got rid of such a disreputable tenant. He had been
astonished to learn that upon a former application
being made to Mr. Harvey that gentleman had said
that the rent had always been well and regularly paid
by Goodman, and, therefore, that he was not only
disinclined to take any cognizance of the complaint,
but should refuse to accept the key. He was glad,
however, to see Mr. Harvey present in court, and he
now, therefore, tendered him the key.
Toe Learned JUDGE—WeII, Mr. Harvey, I sup-
pose you will not now refuse to accept the key ?
Mr. Harvey should certainly not accept the key
without having previously made some observations
in reply to what had now unjustly and unfairly fallen
from the Learned Counsel. He had travelled 600
miles for the purpose of being in attendance upon
the present occasion. He had come from Lucerne,
where he was when a letter reached him intimat-
ing that this case would come on that day. To
enable him to arrive in time he had travelled
three days and nights, and now he had come he
bad been greatly surprised to hear the observations
which had been made .by the Learned Counsel.
That statement was most untrue, for he had no
knowledge of the purpose to which this house had
been applied. He had not accepted Goodman as a
tenant until he had written to a solicitor of the name
of Atkinson, in Carey-street, to ascertain whether
Goodman was a respectable man. The reply of Mr.
Atkinson was that Goodman was a respectable man,
and that he had known him to be so for a number of
years. With such a reference he could have no hesi-
tation in accepting Goodman as a tenant, and the man
had always been very regular in the payment of his
rent. Now, he did not know, as had been stated by
the Learned Counsel, that it was a matter fur deep
regret fur a gentleman to have a tenant who was regu-
lar in the payment of his rent ; but regular this tenant
had been, and he had regarded the fact as a source of
gratulation rather than for regret. This was one of
several houses he held under the Crown; and upon
receiving the letter from the solicitor to the parish
complaining of the conduct of this particular house he
had applied to another tenant of his (" Jem Burn"),
who occupied a public-house opposite, and from that
person he had ascertained that there was no
cause for complaint against Goodman's house.
With such a statement from another tenant he felt
that he was not justified in adopting the course ;
which had been suggested by other parties, that of
turning out an old tenant, still less did he think that
he was open to the remarks which had been made

against him by the Learned Counsel that day. He
had been paid 401. a year for the last 21 years for this
house, and he had no doubt but that he should receive

Captain Campbell's solicitor, Mr. Fowler, being in
feeble health, applied to the Court to be allowed the
assistance of a friend to examine the witnesses, and
finally addressed the jury, which was immediately
granted ; but no sooner had the party named by Mr.
Fowler taken his seat and commenced operations,
than a letter was sent by the defendants to the Go-
vernor, who immediately sent for him (he being a
Government officer), and threatened him with imme-
diate dismissal if he presumed to plead in the case.
Thus was Captain Campbell thwarted and deprived
of the only one who knew all the bearings of the case.
In this critical emergency, however, Captain H. A.
'White, of the William Gibson, then in the bay, volun-
teered to conduct the trial, although he had not seen
a single document connected with the matter, and
was utterly unacquainted with the details of the case
till he picked them up as be proceeded.
On the part of the plaintiff it was proved that he
had been seized by the military passengers on board
his ship, acting under the command and at the in-
stigation of Captains Vesey and Neill. That in de-
fiance of his orders the booby hatch had been taken

the same rent for it for many years to come. He
would now accept the key under the direction of the
Learned Judge, but in no other way, and he would
again say that the Learned Counsel was not in any
way justified in making the statement he had upon
the present occasion.
Mr. BALLANTINE said that, after what had fallen
from. Mr. Harvey, be felt called upon, in his own
justification to read the letter which had been sent to

that gentleman by the vestry-clerk upon the subject
of the complaints which had been made by the inhabi-
tants of the scenes of disgust which were being enacted
in this house of Goodman's.

Mr. Harvey—And read my answer.
Mr. BALLANTINS---Oh, yes; Mr. Harvey should
have no cause to complain, for he would read the
whole of the correspondence. The Learned Counsel
then read the correspondence, which was as follows :

"St. James, Westminster.
"50, Poland-street, July 28, 18411.
"Sir,—On inquiring into the statements made in the
enclosed communication, I find them not at till exagge-
rated, and being informed that you are the owner of the
house in question, I deem it right to make you ac-
quainted with the circumstances, in the confident hope
that you will be able to rid the inhabitants of the nui-
sance without the interference of the parish authorities.
" I am, Sir, your obedient servant,
" G. BUZZARD."
"D. W. Harvey, Esq., 26, Old Jewry."
(Enclosure.) "July 11, 1849.
" Sir,—l ens sorry to trouble you with this letter, but
the whole of Walker's-court is thrown into great confu-
fusion, and none of the shopkeepers can gain their liveli- '
hood, unless you, as the parish solicitor, discharge your
duty in getting rid of a most infamous bawdy-house,
carried on by a person of the name of Mrs. G ,odman, at
Queen's Head-court, Windmill-street, Haymarket, op-
posite Jens Barns', which house is open, day and night,
for female prostitution under twelve years of age. The
neighbours has been watching as well ai Sergeant Tyce,
who is on duty; for he can inform you the scenes that
take place every night at that house is most horrid, and
do call your immediate attention to get rid of such an
infamous house, to prevent the destruction of young fe-
males. This woman and her husband has been found
guilty for a similar offsnce for the parish of St. Clement's
in the Strand, and are under bail. It is to be hoped that
you will see Sergeant Tyce C, who is on duty, and he
will inform you of the dreadful house opened in the
parish for robberies, as well as female prostitution car-
ried on, as no children is safe to go out and take a walk
but being enticed by women and taken to this house of in-
famy. The neighbours inWalker's-court hope, you being
the parish solicitor, that you will immediately proceed ,

Gff by Captain Vesey's men. That he had been
seised, carried into the hold, and lashed to a stanchion
for 12 hours in a constrained and painful position,
being for that time scarcely able to stir; and that
afterwards his hands wera fastened together by a
chain cut from the canhooks, secured by padlocks,
which were only taken off at meals and then put on
again. It was also proved that he was not allowed to
go on deck at any time, as a sentinel was kept over
him night and day, and none of his crew ever allowed

in any way to see or even communicate with him.
He was not allowed on deck even to answer the calls
of nature, tubs being used for that purpose. That
the military took complete possession of the vessel,
by Captain Vesey's orders, who appointed the disrated

mate to act as ciptaio, and a soldier as the steward.
It was also shown that he had materially suffered in
health, and appeared pale and weak when brought on
shore. All this the defendants attempted to justify by
asserting tthat the life of Captain Vesey had been
threatened, and that a loaded pistol had been held at
his breast, and the trigger actually pulled; but it
could not be proved that either the pistol was cocked,
or that Captain Campbell had pulled the trigger.
Nor could the defendants deny that Captain Campbell
had warned them, that if they interfered with him, or
prevented his men obeying his orders, he would use
the pistol, or that he had told the soldiers to put down
the ship's arms when they had seized them. They at-
tempted to allow that the sentinels over Captain

FRIDAY EVENING, SEPTEMBER 26, 1851

and take the parties into custody, and prosecute them
for such offence,

"I remain, Sir, your most ob,dient servant,
"J. J. W., a neighbour and lodger.
" G. Bez?.:ril, Etq."
Mr. Harvey's answer was the following :
" Old Jewry, July 30, 1849.
" Sir,—l am obliged by your commtrication, which
much surprised me. Goodman, the tenant, was recom-
mended to m's as a respectable person and client by Mr.
Atkinson, of Carey-street. The report you made to
me appears to negative this representation. I shall most
readily concur in any course you can recommend by
which such disgraceful proceedings can ba promptly
suppressed and their authors punished.
"I am, Sir, your obliged servant,
.4G. Buzzard, Esq " " D. W. HARVEY.
On the 9:h of August, 1849, Mr. Buzzard again
wrote to Mr. Harvey as follows :
" Sir,—Since my letter of the 28th ult. I have had
the clergy of the pariah with me on the subject of the
house therein alluded to, which I find is rated in your
books as No. 5, Old Crown-court. Tho only course I
can rec,acorn:'nd you to take is to exercise your authority
as landlord to get rid, without delay, of such a disre-
putable tenant, as I am quite certain that if the case bo
allowed to be carried to the Middlesex Sessions the As-
si-tint Judge will, on bearing who is the owner of the
pretniie—an inquiry which he always mak-s—express
no little surprise at the parish being compelled to retort
to such proceedings. " I am, &c.,
"D. W. Harvey, Esq." " GEO. BUZZARD.
Mr. Ballantine, having left other letters unread, said
—After this it would be for the Court to form an
opinion as to Mr. Harvey's knowledge of the charac-
ter of this house, and then on evidence he could pro-
duce as to his having refused to accapt the key when
it had been tende-ed to him.

Mr. Harvey—That is not true; the key never was
tendered to me.

The Learned JUDGE said they were not there to
try Mr. Harvey, or whether that gentleman did or
did not refuse to accept the key of this house.
Doubtless Mr. Harvey would now take the key, and
he would also, no doubt, be more careful as to the
character of the person whom he in future should
take as a tenant.

Mr. Harvey begged his Lordship to bear in mind
that he bad received a highly respectable character of
Goodman from a solicitor of the name of Atkinson,
whose letter he had in his hand at that moment.
The Learned JUDGE had not forgotten that fact, and
he would give a caution to that Mr. Atkinson to be
more careful in speaking to the respectability of per-
sons in future, and not to give a good character to
improper persons. That individual had better use
more caution in future, or he might chance to hear
of his conduct through the medium of a rule nisi in
the Court of Queen's Bench. With respect to the
present defendants the key of the house was now
given up, and, consequently, the nuisance complained
of was abated. The Court would therefore order the
defendants to enter into their own recognizances in
the sum of 201., to come up for judgment when called
upon.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
Henry Franklin was brought before Mr. Bingham,
charged with cutting and wounding with a knife two
police-constables, and Charlotte Hedges was charged
with rescuing the prisoner from lawful custody.
Thomas Roche, 35 F, said—About half-past seven
last Friday night I was on duty in Dudley-street. A
gentleman told me there was a young man attempting
to stab his mother in Monmouth-court. I went there
and saw the prisoner Franklin lying on the female
prisoner. I got him by the neck and pulled him
from the top of her, and got him on his legs, and
three or four women assisted the woman on her feet.
I asked him what he had been doing. The prisoner
said they had be-n upsetting him and putting him
out of temper. I than asked him if he would go
quietly home if I would let him. He said he would.
He had not got above twenty yards whin he struck a
woman in the face and felled her to the ground. He
then tried to make off, but I got him by the neck, and
saw she (Hedges) was bleeding at the face. She gave
him in charge for assaulting her. I pushed him out
of the court by the neck into Little Earl-street. At
the same time Aspinshaw, 37 F, came to my assist-
ance. We had not got above twenty yards when the
prisoner struck me in the face, and I felt blood run-
ning down my face. We want a little further, and
he made a jump, and we all three fell down together.
Franklin got up before we did, and kept his
hand cutting about from one side to the other.
He then made a plunge at Aspinshaw, who said di-
rectly that he was stabbed in the thigh. Franklin
then made a run at me, and I exclaimed, "I am
stabbed in the thigh." Smith, 43 F, came up then,
and Aspinshaw called out, "Take care, he has got a
knife in his hand. Strike him on the arm, and we'll
try and get the knife from him." Aspinshaw took it
from him, and Smith, 43 F, struck him and knocked
him down. Franklin then said he intended to kill
every belonging to the police, that he had long
wanted a chance, and he bad got it at last. The pri-
soner Hedges and another woman got hold of me by
the neck, and I was flung down twice by theta. I have
been confined at home ever since until to-day.
Franklin said at the station it was his intention to
take our lives, and he would stab every one belonging
to justice, and even the magistrate ho was taken
before.
Smith, 43 F, corroborated the above evidence.
Aspinshaw, 37 F, said—On Friday night, the 19th
inst., I went to Roche's assistance in Monmouth-
court. The prisoner Franklin was then in his custody.
After we got some distance the prisoner kicked me
and we all came down. Franklin got up and was
flourishing his hands about him ; then he ran at me
and stabbed me in the thighs with the knife produced.
I said I was stabbed, and that be hal got a knife.
Smith then came up and hit Franklin on the wrist
with his staff, while I took the knife from Lim. I
bled very much and was taken to Charing-cross Hos-
pital, where I have been up to this day.
Mr. H. Dalton, house-surgeon at Charing-cross
Hospital, said,—On Friday, the 19th inst., Police-
constable Aspinshaw was brought to the hospital in a
weak state. I examined him, and found two punc-
tured wounds on each thigh, both bleeding. The
wounds were deep, and in a very important region.
I have also examined the witness Roche, and find on
his right thigh a punctured wound, similar to those
on Aspinshaw. ii should say the knife produced (a
formilable looking instrument, about four inches in
length) is a likely instrument to have inflicted those
wounds.
The prisoner, who said they were much the worse
for drink at the time, and knew not what they did,
were fully committed for trial.
WORSHIP-STREET.
Mr, Edward Nunn, sen., and Mr. Edward Nunn,
jun., cab proprietors and livery stable keepers in the
Curtain-road, Shoreditch, were charged before Mr.
D'Eyncuurt with the following violent and aggra-
vated assault upon Thomas G-)uch, a constable of the
G division, while in the execution of his dnty.
The complainant stated, that while on duty in the
Curtain-road, about half- past one o'clock on Saturday
morning last, he heard loud cries of " Murder," and
" Police," accompanied by a suppressed exclamation
of " Oh, don't !" from the defendant's yard, and upon
hastening there to ascertain the cause of it was pre-
vented obtaining admission by the gates being closed.
He called out that he was an officer and demanded
admission, but no notice was taken of it, and, as the
cries still continued, he placed his back against the
wicket-gate, forced it open, and, upon entering the
yard, found the younger defendant holding a man
down against the wheels of a carriage and beating
him severely with his fists. He ran forward to rescue
the man from the ill-usage of his assailant, but was
immediately struck by the younger defendant, and
the elder at the same time seized him by the neck,
and after severely shaking him relinquishing his hold,
but was directly succeeded by his son, who quitted
the man he had been previously beating, and struck
him repeated blows upon the body. He extended
his arm to keep him off, reminding him that te
was only performing his duty, when the elder de-
fendant again seized him by the neck, and, forcing
him back some distance, rapped his head violently
against the brick wall several times, struck
him a blow under one of his ears, which again dashed
his head against the wall, and forced his thumb hack
with such violence that he was apprehensive for some
time it was broken. An active struggle then ensued
between them, when several other officers fortu-
nately arrived and rescued him from further illusage,
but be had sustained such injuries in the course of
the contest that he had been unfit for duty ever since.
Symes, 111 G-, also deposed to being attracted by
the cries of " Murder" in the defendant's yard, and
that upon the first witness rescuing the man whom
Mr. Nunn, :jun., was beating, the elder defendant
came up, seized him by the collar, and threatened
to throw him out of the place ; he then left him for
an instant, but immediately after renewed the attack,
and repeatedly knocked his head against the wall as
he had described. The witness added, in cross-exa-
mination, that in the course of the struggle the defen-
dant's daughter was thrown down, while he was en-
deavouring to keep Mrs. Nunn back, and that the
reason the defendants were not at once taken into
custody was because one of the constables, who ar-
rived at the conclusion of the contest, advised the
complainant to take their names and proceed against
them in the:usual course by summons.
The evidence of the preceding witnesses was also
confirmed by that of two cabdrivers, named Banbury
and Raynes, the former of whom stated that he was
the person whom the younger defendant was beating
at the time of the officer forcing an entrance, and that
the cause of it was that, after being out with one of
the defendants' cabs from eight o'clock in the morning
till twelve at night, he did not bring home a suffi-
ciency of money to satisfy the defendants' expectations,
upon which, after searching his pockets, they punched
him about and beat him in such a manner as to neces-
sitate his calling " Murder" and " Police," in the
way the officers had stated.
D'EXeiCOVAT sentenced the ()Wet defendant to