The Sun.
London, England, 1869-12-01 00:00:00

MARLBORO U STREET.

A GENTLEMAN CIiAILGED 'WITH ASSAULT.-Mr Fitz-
maurice J. Lackersteen, of the Cottage Palace-avenue,
Kensington, was charged before Mr. Tyrwhitt, with
assaulting James Searle, a tailor, of Pullen-street, Hano-
ver-square.
The complainant said that last night he was going home
with a friend, when he saw the defendant and a f iend
ill-using some females, and on his remonstrating with them
the defendant's friend struck him in the eye, and the
defendant struck him on the breast, and then ran away.
He gave the defendant into custody, but the other got
away.
The defendant denied striking the complainant, but said
the person who was with him did.
A witness proved seeing defendant strike complainant,
but both he and complainant said that they could not say
which of the two ill-used the females.
Fined 40s.

GAMING IN PUBLIC-HOUSES.--Mr. Robert Emmerton,
landlord of the Two Brewers Tavern, Little St. Andrews-
street, was summoned before Mr. Tyrwhitt by the police
for unlawfully suffering gaping in his house.
Mr. Edward Lewis, of Great Marlborough-steeti ap-
peared for the defendant, who was unable, owing to illness
to appear.
Inspector Parker, E Division, said that Daniel Mackay
was the first witness, and he was accordingly sworn, but
before giving evidence he asked payment of his expenses.
He thought it hard he should be summoned as a witness
and lose his time.
Mr. Tyrwhitt told Mackay that he was losing time by
not giving his evidence. He was bound to testify accord-
ing to his oath, and if he refused to do so ho (Mr. Tyr-
whitt) had no alternative but to commit him. Re would
suggest that the police should call the next witness, in
order that Mackay might have time to deliberate as to
what course he would adopt.
The next witness called was a person named Driscoll,
who said that on the day mentioned in the summons he
was at the defendant's house, and was one of the persons
playing at dominoes. They were playing for pleasure, and
there was nothing dependent on the game.
Mr. Tyrwhitt asked the witness whether any beer or
money was staked.
Witness said that nothing was dependent on the game,
and that they were merely playing for amusement.
Mr. Lewis submitted there was an end of the case, and
that no gambling had taken place.
Mr. Tyrwhitt said the case had completely broken down
It had been laid down in the case of the " Queen T. Ellis"
that dominoes were not an unlawful game within the
meaning of the :statute, unless beer or money was staked
on, the result. In the present case nothing of the kind
had been shown to have taken place. On the contrary
the evidence was the other way. The summons must be
dismissed.

Inspector Parker said that the witness Mackay stated,
before Mr. Vaughan at Bow-street, that he had staked
money, and beer had been wagered.
Mr. Lewis complained that the inspector was only
stating one portion of what had occurred before Mr.
Vaughan, and had omitted to state that Mr. Vaughan had
declared ho did not believe a word of what Mackay said.

Mr. Tyrwhitt animadverted on the attempt of the po-
lice to support the case by statements when the evidence
had failed, and said for some reason or other police cases
were made more fuss of than others, and an air of im-
portance given to them which they did not deserve.
Mackay's demeanour in the box had shown that he was
utterly untrustworthy. At the same time ho did not say
that the police were not justified in taking out the
summons and having the matter inquired into.
Mr. Rubel, of Denmark-street, Soho, was summoned for
a similar offence.

Sergeant Jeffrey; 21 C, deposed to having visited the
defendant's house and found several persons playing at
cards. Ho was proceeding to give evidence when Mr.
Edward Lewis, who appeared fur him, objected on the
ground that the defendant was not present at the time.
Mr. Tyrwhitt ruled that the evidence was inadmissible,
and it appeared that there was no proof of anything hav-
ing been staked ou the game. Mr. Tyrwhitt thought the
evidence not sufficient to sustain a conviction, and dis-
missed the summons.