The Sun.
London, England, 1867-01-26 00:00:00

COURT OF COMMON PLEAS.

Sittings in Nisi Prius, before Mr. Justice Bylos and a
Common Jury.)
BARNES V. SCHOFIELD.

Mr. Robert Barnes, the plaintiff in this case, is an iron-
monger, and resides at Barnes, in Surrey, and the action
NI as brought to recover compensation in damages for an
alleged assault on the part of certain porters in the employ
of the defendant, who is an auctioneer in business at
Vincent-square, Westminster. The defendant pleaded
not guilty.

Mr. Sergeant Parry and Mr. Pearce wore counsel fOr the
plaintiff, and Mr. Digby Seymour, Q.C., and Mr. Lawton
for the defendant.

The plaintiff, in his evidence, said that early last Sep-
tember he went to the auction rooms of the defendant and
obtained a catalogue, which detailed, amongst other
articles of sale, a hogshead of sherry. He wont to
the yard whore it was placed fur the purpose of
tasting it, and found three persons whom he un-
derstood to be parties on the establishment around.
He was supplied with the bottom of a bottle to taste the
wine, but, without tasting it, he at once discovered it con-
sisted of the lees of wino bottles, and ho made some obser-
vations in respect of it to the porters. The defendant
came down tho yard and asked what was the matter, and
one of the porters said he had been drinking wino, upon
which the defendant said, "Put him out," at the same time
calling some other porters. He was then seized by three
men, and dragged from the yard into the auction room,
when they fell over some shovels or spades, he being
under them. If he had not caught hold of the shirt of one
of the men he would have been severely hurt by falling
against ono of the shovels. Ho was then dragged out into
the street, and thrown with violence on his back, and his
hat, which had fallen off, was thrown out after him. He
went to the nearest police station, and acting on the advice
he received there he returned to the auction-rooms, and
asked for the names and addresses of the men who assaulted
him. He said, "If you do not bold your noise I shall
order you to be served in the same way again." He suf-
fered very severely from the violent treatment to which he
had been subjected, and was a fortnight under the care of
his medical attendant.

The witness was cross-examined at some length by Mr.
Digby Seymour, and deniod most positively that he had
tasted the wine. He identified one of the partes in court
as one of those who assaulted him. He was not talking
particularly loud when the defendant came up the yard.
There was no outcry on the part of the persons assembled
in the auction room to turn him out, and he was making
no noise when he was assaulted.

The evidence was very conflicting, it being deposed on
the part of the defence that the plaintiff created a disturb-
ance in the auction room at the time the sale was going
on, which rendered his expulsion necessary.

POLICE INTELLIGENCE—This Da

WESTMINSTER.

IMPUDENT FEMALE ROBBER?.—Margaret Revel, a re-
spectably-dressed young woman, Was charged with the
following impudent robbery.

Mr. John Barnes, linendraper and mercer, 101, Lupus-
street, Pimlico, said that on Friday afternoon a large roll
of coloured flannel shirting was at his door. Part of the
roll was exposed at the end for show outside, but the roll
was inside the door, fastened by a wire. Prosecutor was
standing inside his shop, when he saw the prisoner and
another woman come up to the door together and examine
the flannel. After looking about them, to satisfy them-
selves that they.wero not observed, the prisoner stepped
inside, and having unfastened the wire, rolled her shawl
round the flannel and crossed the road with it. He has-
tened out of the shop and followed the two women, who,
seeing him, separated, the prisoner throwing down the
roll of flannel, which was worth :the's-a £2. Prosecutor
got a person to pick up the flannel, and followed the pri-
soner. The latter resisted very violently, but was at
length taken into custody.

Mr. Selfe— Did she say 'anything ?
Prosecutor—Ye; denied the robbery.
Prosecutor—She got away.
Prisoner said she had got no home, and was wandering
about from place to place, and had slept the night before
last at Paddington. She would admit that she took the
flannel, but it was entirely through distress.
Prosecutor said that she had had another woman, but
she did not know anything about her. That was a
mistake.

Mr. Selfe asked her whether she wanted him to dispose
of the case or desired to be sent to the Sessions ?
Prisoner said that as she had stolen it she would rather
the magistrate dealt with her at once.
Mr. Selfe said he should commit her for three months
to hard labour in the House of Correction.

• THAMES.
SHOCKING CRUELTY TO DONKEYS.--James Townley, a
coke dealer, of Joy cottage, Well-street, Poplar, was
brought before Mr. Paget charged with cruelty for tortur-
public streets.
ing two donkeys by Working thew in an unfit state in the

Inspector Beare, of the IK division, said his attention
was called to the prisoner yesterday afternoon. He was
driving two donkeys yoked to a cart laden with coke. Tho
animals were the moat wretched ones he ever saw, and
there was a general feeling of indignation at the prisoner's
cruelty. The smallest of the two donkeys had wounds,
from which an offensive discharge was issuing, on
the tail, withers, and shoulders. It was also mangy.
The poor animal fell down from weakness, and
ho had much difficulty in raising it again
The larger donkey had a wound on the off shoulder, which
was raw, and in a very offensive state. This animal was
also in a poor condition generally. A clumsy attempt had
been made to conceal the wounds from the stump of the
tail to the back, by covering them with black grease,
which added to their sufferings. Tho
prisoner, who ap-
peared in as wretched a Plight as his donkey, said he was
e very poor man, and having no work to do as an iron
sh'pbuilder, bought a donkey and cart. The larger don-
key belonged to Mr. Barry, Well-street, Poplar. He gave
the small donkey a "hot mash" of bran on Friday morning.
Inspector Beare was of opinion the two donkeys ought
to be killed. They could never be worked with safety
again. It would be torture of the worst kind to attempt
to work them or yoke them to a cart in their present con-
dition.

Mr. Paget looked at the animals, and was quite dis-
gusted and indignant at their miserable and disfigured ap-
pearance.
arance He never saw animals in a more wretched
condition. It was disgraceful to work them at all. He
should issue anummons aga!net Barry and adjourn the case
for a week. The prisoner might go at large on his own per-
sonal recognisance, but if ho dared to work either of the
donkeys until this case was disposed of he would be surely
punished.