The Sun.
London, England, 1860-02-09 00:00:00

THE SUN, LONDON, THURSDAY EVENING, FEBRUARY 9, 1860.

LAW INTELLI6ENCE.—E,b. 8.

COURT OF COMMON PLEAS.

Sittings at Nisi Prins, in Middlesex, beforo Lord

Et
Chief Justice Erie and a Special Jury.)

COCHER V. FENN.-A VESSEL RUN ASHORE.

This was an action to recover an insurance upon the
collier brig Symmetry, which had been run ashore
near Whitby.
Mr. O'Malley, Mr. D. 0. Keane, and Mr. D.
Brown appeared for the plaintiff; and Mr. Wilde
and Mr. Honyman for the defendant.
The Symmetry left Sunderland for Lowestoft on
Tuesday, the 23d November, 1858, and was in the
neighbourhood of Scarborough on the 26th. The
plaintiff's case was that the wind had been favour-
able up to that time, but afterwards it choppbd
round to the south-east, and blew very hard. The
ship could not proceed on her voyage, and she was
in consequence put about, and the captain made for
Whitby roads, where he could safely anchor ; she,
however, missed stays twice, and an attempt to
wear her round failed. At this time it was sud-
denly discovered that she had seven feet of water
in her, and the captain, in order- to save the lives of
the crew, ran the vessel on shore. The crew took
to the rigging; but so rough was the sea, that they
had to remain there for about an hour before they
could be rescued. The vessel could not be got off,
and the only property saved realised £ll2, the
charges being £lO4. The plaintiff had had the vessel
for 20 ears, but about 1851 or 1852, £l,OOO was
spent in repairing her after an accident, and some
years later £lOO more was spent on her.
The defendant's case was that the vessel, which
was 138 tons burden, was worth to sell only about
£3 a ton, she being 40 years old. Her value to the
plaintiff was about £6OO. The insurances upon her
amounted to £1,350, in addition to £2OO upon
freight. It was not true that the vessel missed her
stays and would not wear, nor was it true, as sworn
by the plaintiff's witnesses, that the crow were at
the pumps when she was coming up from Whitby.
There was nothing in the weather to make the
position of the crew dangerous; they passed with-
in 100 yards of a small boat with two men, who
could easily have taken the crew ashore in a few
minutes ; and, indeed, there was nothing to pre-
vent the crew from going ashore in their own boat.
Another circumstance deposed to was, that the ves-
sel had no appearance of being waterlogged, and,
in particular, was not very deep in the water.
The Lord Chief Justice, in summing up to the
jury, said that the question raised for their consi-
deration upon the record was, whether the ship
was intentionally cast away with the sanction of
the plaintiff. His lordship also commented upon
the evidence, and made some severe remarks upon
13 that given y the plaintiff himself.
The jury retired to consider the matter, and re-
mained absent for nearly an hour.
The foreman, on their return, said we find, with
very great regret, a verdict for the plaintiff, and we
hope that he will receive no benefit from it.
FEB. 8.
Sittings at Nisi Prins, in Middlesex, before Lord
Chief Justice Erle and a Common Jury.)
HUGHES V. DREW.—ASSAULT.

The plaintiff in this case is a workman in the
employ of Mr. Dickinson, ;a coach-builder in Drury-
lane, and the defendant is an oil and colourman in
the same neighbourhood. The action was to re-
cover damages for an assault.
Mr. Cole appeared for the plaintiff, and Mr.
Digby Seymour and Mr. Prendergast for the de-
fendant. _ _ _

On the 27th of December*last the plaintiff and a
fellow-workman, named Skinner, on returning after
their dinner-hour, went under an archway in Wild,
street, for a necessary purpose, and whilst there
they were pelted from the defendant's workshop up
the yard. They thereupon went to the shop to
complain, and White, the defendant's workman,
struck the plaintiff, who is a small man. Skinner
interfered, and a struggle took place, and they fell.
The plaintiff went to pick up his friend Skinner,
whereupon the defendant gave the plaintiff a vio-
lent " upper-cut" upon the eye. The plaintiff was
so hurt that it was necessary to take him to a sur-
geon, and thence home, where he was confined to
his bed for eight days, and was unable to go to his
work for a fortnight. The blow caused the eye to
"strike a light ;" and a similar light often re-ap-
peared still when the plaintiff was doing work
which required a strong exercise of sight.
Mr. Jones, the surgeon, who dressed the wound,
said that there was a "little" swelling under the
eye, a " few" drops of blood on the apron, and a
" little" blood on the cheek. He applied lint and
cold water. He also dressed the defendant's
knuckle. There was no blood upon that. He put
some sticking plaster on it ; the skin was cut.
The foreman under whom plaintiff worked said

the blow was a " terrible" one, audit made him sick
when he looked at it. There was blood all down
his front and on his face. There was a cut laying
open under the eye. "When the plaintiff came
to work at the end of a fortnight, he was obliged
for some time to wear a shade over his eye.
The defendant's version was, that the first he
heard of the matter was that the plaintiff and
Skinner noisily demanded an apology for being
pelted ; and no apology being offered, they threat-
ened to " clout" White's head. There was a

squabble, and witness ordered the plaintiff and
Skinner out. The nest thing he saw was a struggle

between White and Skinner, and witness expected
himself to be the next victim, though he was not
much afraid. White came to the ground in a sit-
ting position, and while he was there the plaintiff
struck him in the mouth. Witness, seeing the affair

could only be brought to a termination- by force,
interfered, and struck at Skinner. He also struck

the plaintiff, and pushed them both out of the place.
Subsequently he saw that he had hurt the plaintiff,
and eipressed his sorrow that he had hit him so
hard, and sent him to Mr. Jones, the surgeon.
White also gave corroborative evidence.
The Lord Chief Justice directed the jury that the
question raised upon the record was whether the
defendant had committed the assault in defence of
his servant White ; or whether he had used more
violence than was necessary to defend White.
The jury, having considered the matter for up-
wards of an hour, found a verdict for the plaintiff
—Damages £2O.

COURT FOR PROBATE CAUSES, FEB. 8,
(Before Sir Cresswell Cresswell.)
ANTHONY V. ANTHONY.

Dr. Spinks applied to the Court on behalf of the
petitioner, Mrs. Anthony, who had entered a peti-
tion for permanent alimony, that under the present
state of things it would not disturb the grant which
had been made pendente lite.
On behalf of the respondent, who is an artist, it
was urged that although his income had formerly
boon £335 a•year on an average of three years, it
had since become reduced to a sum below £2OO
a-year.

The Judge Ordinary said it had been stated by
the respondent in his original answer that he had
property by him to the amount of £l,OOO. It was
not said how that property had been got rid of. It
also appeared that Mr. Anthony spoke of under-
going great expense in the production of many
works of art, expense of frames, materials, and so
forth, and yet had not given any information as to
what the result had been. Under all the circum-
stances he (the learned Judge Ordinary) should not
at present disturb the rate of alimony. He could
not allow the present motion to go without remark-
ing what the respondent had thought fit and proper
to state in his answer. Mr. Anthony stated there
that his wife was a governess before their marriage,
and she might now assist in her own maintenance
by taking the situation of a governess again: He
(Sir Crosswell Cresswell) must say that if she
should ever be engaged in such a capacity, no
thanks whatever would be due to her husband, Mr.
Anthony, from the fact that during the progress
of the suit he had done all in his power, although
unsuccessfully, to destroy his own wife's character.

MIDDLESEX SESSIONS, Feb. 8.

(Before Mr. Bodkin, Assistant-Judge.)
Frederick Ray, 30, was convicted of feloniously
breaking and entering the dwelling-house of David
Gardener Berri, an engraver, of Great Russell-
street, and stealing therein a coat and other arti-
cles, value £6, and five £5 notes.
This robbery was committed in the night time
by means of skeleton keys, and the prisoner was
traced to a lodging-house, where under his bed in a
bag the police found some of the missing articles
and the keys. A former conviction in August last
was proved against him, and the officers stated that
they had reason to think he had been transported
for ten years, but they could not prove the fact
through the absexce of an officer, who was now in
Scotland. _ _

The Assistant-Judge sentenced him to five years'
r e
h n
his
ls
o
nat at the prosecutorq,uaintde
peTnahles prisoner threw
whereupon
said he could easily do the five, as they were
aware he had done ten.
William Salt, 33, was indicted for 'stealing five
shirts and other articles, the property of George
Doury; two blankets and other articles, value £4,
the property of John Hudson ; three shirts and
other articles, value £2, the property of Alfred
Neighbour; a cotton dress, &c., value 125., the pro-
perty of Elizabeth Baker; two shirts and other
articles, value 135., the property of John Doury
and two shirts, &c., value 75., the property of
George Coffer.
These robberies were committed so far back as
1856. The prisoner had been employed to drive a
laundress's cart, and so became acquainted with the
customers. After ho had ceased to be so employed,

he went and collected the bundles of linen enume-

rated, and had kept oat of the way until recently,
when he was apprehended. The principal point
was as to his identity.
The witnesses spoke positively to him, and the
jury found him Guilty.
It was then proved that the prisoner was sen-
tenced to seven years transportation by this court
in Jan., 1853, and was discharged on a ticket-of-
leave in October, 1855. His certificate of discharge
was produced in Court, and it was found to be
dated 1859. This was explained to be an error,
but

The Assistant-J udge said it was one of so serious,
a nature in an official dobunaent, that he should
cause some inquiry to be made respecting it.
The Court sentenced the prisoner to five years'
penal servitude.
Mr. Metcalfe prosecuted, and Mr. Ribton de-
Bonded the prisoner.
Patrick Collins, a hodman, who had been con-
victed on many occasions of assaults, principally
upon the police, was found guilty of assaulting
Charles Dickinson, a navvie.

Mr. Cumming, ex-inspector of the B division,
stated that it had been suggested that this assault
arose about the strike, but that really was not so.
He was now employed by Messrs. Kelk to protect
their men from these attacks, and he now had a
warrant out against the prisoner's brother for as-
saulting one of them, and the ill-feeling in this case
was thus caused. The Irish hodmen had been to a
great extent displaced by barrowmen, for which
navvies were preferred, to the exclusion of the
" hods," as they were much more proficient in
wheeling a barrow, more work was done, and at
much less expense. That was really the cause of
this assault.

The Assistant-Judge said, had it appeared that
this assault had been committed under any animus
arising from the strike, and that the assault had
been committed upon a man who chose to go to
work by one who \would not, a most exemplary
punishment would have been inflicted. The sea-
tatee upon tho defendant was four months'
imprisonment.
Mr. Platt prosecuted. Mr. Metcalfe was counsel
for the prisoner.
Thomas Brown, 23,-was convicted of a robbery,
with violence, upon William Kennet, and stealing
from his person a watch and guard, value £6.. It
was not known that he had been in custody, but
he was the associate of thieves.
The Court sentenced him to 18 months' hard
labour.
Mr. Holdsworth was for the prosecution. Mr.
Metcalfe defended.

James Henry Johnson, 25, was found guilty of
stealing a watch from the person of Henry Noakes,
as he was leaVing a chapel in Pentonville-road. The
prisoner was not known to have been convicted be-
fore, but, like the preceding one, was the associate
of very bad characters.
The Assistant-Judge sentenced him to 18 months'
hard labour.
Mr. Dickie was for the peosecution, Mr. Ribton
for the prisoner.
Robert Collins, 37, was indicted for stealing a
looking-glass, value ls. 6d., the property of Fredk.
Close, from a van, in Backchurch-lane.
Mr. Metcalfe was for the prosecution, Mr. Ribton
cross-examined the witnesses for the prisoner, and
Mr. Dickie addressed the jury upon the facts.
The jury found the prisoner not guilty.
Mr. Ribton, in a ease in which he was engaged,
challenged 20 jurors, and 12 were empanneled to
try, but, in consequence of the absence of a witness,
the case had to be postponed. After the verdict in
the case of Collins, which was tried by the 12 not
challenged, they were directed to go out for refresh-
ments, and a fresh jury put into the box.
Mr. Ribton said he believed this had been done
by. instructions, and, if that were so, it was a most
unjust and unconstitutional proceeding, against
which he protested.
The learned judge said the jury had gone into the
box in the usual way, after the first had gone out
for refreshment, and there was not the least pos-
sible ground for the suggestion that any jury or
juryman had been kept out purposely.
Henry Harding, 18, Ellen Harding, 19, and
Joseph Richards, 23, were indicted on three charges
of stealing linen from laundress's carts. There were
seven other charges against them, so that they had
been doing business wholesale.
They belonged to a gang about the Seven-dials,
and were apprehended by Holmes, F, and Ackrell,
48 F.
The evidence failed as to Richards. The Hardings
were found guilty.
Henry, though but 18, was a well-known thief, and
had been convicted before. His father and mother
were very respectable, and had done all they could
to reclaim him, but without success • they could
not get him from his companions. He had lived
with the female, who had been a prostitute, and
disposed of the plunder. Her parents, too, were
stated by Cole, C, to be very respectable, but she
preferred this course of life.
The Court sentenced ifenry Harding (the name
was an assumed one) to four years penal servitude,
and Ellen Harding to 12 months hard labour.
Richards was discharged with a severe caution.
Mr. Abram prosecuted ; Mr. Tayler defended the
Hardings.
John Sipless, 31, and Sarah, his wife, were in-
dicted for feloniously receiving a brass weight,
knowing the same to have been stolen.
Mr. Cooper was for the prosecution.
Mr. Ribton defended, and submitted that the in-
dictment disclosed no offence.
The Court ruled in favour of the objection, and
directed an acquittal.
A number of ordinary cases of larceny and steal-
ing from the person were disposed of.

POLICE INTELLIGENCE—Feb. 8.

MARLBOROUGH-STREET: BURGLART AND
ATTEMPT TO MURDER.—William John Sanderson,
aged 23, a porter, was charged before Mr. Beadon
with murderously assaulting police-constable Bash-
fortb, E 147, after with others burglariously enter-
ing the York Minster public-house, 17, Foley-street,
and stealing therein silver and copper money, and
tobacco, the property of the landlord, Mr. John
Frost.

Bashforth, the constable, whose head was bound
over with surgical plaister, deposed as follows :—I
was on duty last night in and about Ogle-street, and
at a little before two o'clock a.m., observed two men
standing close to the houses in Foley-street, and
the prisoner approaching them with something in
his hand. Suspecting something wrong I got
into a doorway to watch their proceedings. The
prisoner having reached them, they all three
turned into Ogle-street, and I followed. They
caught sight of me, ran away, and I pur-
sued them, and laid hold of the prisoner. The
prisoner had his shoes in his hand, and seeing
something bulky under his coat, I asked him what
he had there ; upon which he dropped the parcel
produced, which, bursting open as it fell, I found to
be tobacco—the same now produced. I told him I
should take him to the station, upon which he set
up a whistle, after saying, g, I'll be --if you shall
take me by yourself." After the whistle he said,
" Give me time to put on my shoes, and I'll go
quietly." I replied I should not ; and he then said
to me, " Loose my collar, and I'll walk quietly." I
did not think it prudent to do this, and took him
on into York-street, when he slipped out from his
pocket under his coat the large " jemmy" produced,
and before I could prevent it struck me a violent
blow on the crown of my hat, which penetrated
deep through the leather but did not touch my
head. My hat was knocked off by the force of the
blow, and he struck me a second blow with the
same iron instrument, inflicting one of the wounds
I have, and the blood poured down profusely. Di-
rectly he did this he threw the jemmy from him
into the road. At this moment two men, one of
whom I remembered to have seen in the doorway in
the first instance, and perhaps the other, though I
cannot speak so positively as to him, came up, and
one of these, picking up the jemmy or crowbar,
struck me (the prisoner crying out " let's murder
the ----, for I'll not be took") a violent blow on
the head, and I was deluged in blood. I seized hold
of the instrument, and wrenching it out of his grasp
pitched it away. As I did so all the three laid hold
of me, one by the collar and the others by the arms.
The prisoner said, " It's no use being a fool, you
may let me go, and before you leave me I'll square
it with you" (give money). I asked the other two
men to release me, and they said they would if I
would let the other go. I managed to get my right
arm and arm at liberty and sprang my rattle, when
the other two men ran off, but I kept hold of the
prisoner. Three constables came up on the alarm
and assisted me, and conveyed the prisoner to the
station-house. I was very weak from the loss of
blood, but pointed out the jemmy on the road. I
was taken to the surgeon as quickly as possible, and
had my wounds dressed.
The following certificate, as to the state of the
injured constable, who was accommodated with a
seat, was handed in :
" 1 hereby certify that constable 147, Bashforth,
has received two severe incised wounds on the head.
"JOHN WORKET.
" No. 4, High-street, Bloomsbury."
Mr. Beadon remarked that the way in which he
(witness) had given his evidence was very creditable
to him. lie remembered him, and knew this was
not the first time he had shown great courage in
affairs of this sort.

E 92. (Tack) heard the cry of " Police," and the
springing of a rattle, and proceeding to the -spot
found the prisoner beating the last witness and

struggling violently, and, assisted by others, got
him away and took him to the station.

Sergeant Honey was on duty at the St. Giles's
Police-station, Clarke's-buildings, when the charge
was brought in. The constabl, Bashforth, was in
a frightful state, and covered with blood. Ile was
greatly exhausted, and he sent him to the divisional
surgeon. The charge et that time stood against
the prisoner on suspicion of stealing a quantity of
tobacco, and the assault and attempt to murder the
constable. While the constable was gone he
searched the prisoner, and found 7s. Bd. in copper,
some screws of tobacco, an end of candle, and some
Lucifer matches. On asking how he accounted for
the money and things, he replied, That you must
find out." There was besides a raffle-card of a
silver brooch, to be raffled for at a public-house at
Gd. per member, with an intimation that there
' would be a concert at the same time. Shortly after
a gentleman came to the station with a constable,
and gave information that his house had been
entered.

E 91 (Strickland) deposed to finding the shutter
down and window open of the York Minster public-
house, Foley-street, between two and three o'clock,
upon which he rang the bell and alarmed the house.
The house is about a dozen yards from the spot
where prisoner was described as being first seen.
Mr. John Frost, the landlord, said he knew the
prisoner as an occasional customer. He left the
house, as he thought, secure on retiring to bed,
and found the window (four feet from the ground)
and shutter open, as stated, on being alarmed by
the constable. On the floor of the bar he found his
two tills, cleared of their contents, about Bs. in
copper, and some silver. He missed about 141 b. of
tobacco, and some screws of the same. He identified
the property produced as that lie had missed, both
by marks on the paper and otherwise. It was 20
minutes past two when the last witness rang the
bell.

Mr. Beadon said at the conclusion of the evidence

—I have never had a case before me wherein a con-
st able has shown such unflinching pluck and ready
courage as Bashforth has in the present, or one in
which an officer has given clearer or more intelli-
gible evidence. I hope this will be mentioned; and
I do strongly recommend him to the Commissioners
of Police both for promotion and reward. His con-
duct nas been praiseworthy throughout.

GREENAVICH.—A VIOLENT CIIARACTEIL-11.
Osborne, 38, a bricklayer's labourer, well known to
the police as one of the most desperate characters
in Deptford, was charged before Mr. Seeker with
being drunk, assaulting Mr. Hay, landlord of the
Lord Duncan Tavern, Deptford, and also police-
constable 171 R.

Mr. Hay stated that about seven o'clock on the
previous (Tuesday) evening the prisoner came into
his house and commenced a disturbance by using
the most disgusting language, and on being desired
to leave the house he put himself' in a fighting atti-
tude. He (complainant) then insisted upon his
leaving, and a scuffle ensuing, he was seized by the
prisoner and struck, and subsequently the police
took him into custody.
Police•constable 171 H said he took the prisoner
into custody, and on getting outside into the street
he asked witness to let him go. Witness said he
could not do so, upon which the prisoner remarked,
" No -- policeman shall take me," and endea-
voured to throw him. Witness, however, prevented
this, and threw the prisoner, who then tried to seize
him by the private part of his person, which com-
pelled him to resort to the use of his staff.
MriHay said that after the charge was taken at
the station the prisoner said he knew he should
only have a month's imprisonment ; but that after
he came from gaol he threatened he wonld do some-
thing towards him (Mr. Hay), for which he would
suffer six months' imprisonment.
Mr. Seeker told the prisoner he had acted in an
outrageous manner, and for the assault on the con-
stable he would be imprisoned and kept to hard
labour for one month, and, at the end of that time
he should require him to find two householders
willing to become bail, each in the sum of £lO for
his good conduct for four months, and, in default
he would be further imprisoned for that period.