The Sun.
London, England, 1803-01-11 00:00:00

kE§§iolve.rlAi4.

Westbi,Gok, a Constable er "-•.Calliorough
beltinging- to the-Parish of Sr. Panteas, Richard
and. ohn Wicks, were indifted for a violent assault
committed updit tholifas Whittingbam.
Mr. Whittinghatii stSted, that he was partner with
Mr. Swainsoni of rrithstreet, and 11.11 beeo dining
with hini on the t 7th ol; November last: He drank
rather freely, and did not come away till i r o'clock at
nigHt.• He Was proceeding to his house at Xdotish,
town; btit tkfore he got home., he was Most vio.
lently abused -and beaterr. He had not yet reco.
vered from the bruises he received, and he did not
know that he ever shotild be as well again, as he
had, been before this event: He confessed hidiself
to hive been so much intoxicated at the time; thit
he had' nd recolleaion of the parties whd had atiosed.
hith, nor could he tell how the affair Originated, or
what it was that had provoked tit intiticed the par-
ties to strike hisp.

Two women; a Mother and daughtet, residing
at Kentiih Town, swore, that about twelve o'clock
on the night in question, as they were passing
along near a publicAtouse,_ called the Nag's Head, .
they saw the Defendants standing about a man who
was lying on the ground, and Westbrook was. beat-
ing him violently With a stick ; he gave him several
Wows, and the women thought he intended to murder
the `man. Seeing .a Gentleman pass at the time,' they
ran to him, and begged that he would come to
save the man's life‘ The Gentleman at first wished
to &cline interfering, and See Med desirous to get
away from the quarrel ; bOthe was sit last prevailed
on to come up. WeStbrook then said, he was
Ctinsiable, and insisted on taking the.man he had
been, beating to the Watch.house. The women
afterWardS saw Mr. Whittingham conduded to his.
house, and the remainder of their evidence exaffly.
coincided with that given by the Gentleman whom
they prevailed on to interfeie on the occasion.
Mr. Lawlor said, he Was a Teacher of the French
language, that he resided at Kentish.town; and was.
going home on the night of the 17th of November. It
was about twelve o'clock when he reached Kentish
town ; at that time he heard a violent noise, as if
some people were fighting ; one man was lying on
the ground,while.anOther was striking him violently,
and he distindlY heard six blows, appearing by the
sound as if given by a stick upon awin's skull. He re.
colleded that the two women who gave their evidence
came up to him, and begged of him to go and save
a may,, from being murdered. For some time he wished
to decline interfering, least lie might sustain some in-
jury, in what he thought a drunken quarrel. How.
ever, when became up, he found the person who had
,been so cruelly treated, was Mr. Whittingham, his
neighbour and particular acquaintance. He desired
Westbrook instantly to desist, said he knew who the
Gentleman was, and would convey him to his house.
Westbrook said he was a constable, that the other was
his prisoner ; and he' insisted tin taking him to
the Watch-house The Witniss, on the other
hand, insisted on taking him home, he being 'in
such a dangerous state as to require the immediate
care of his family. In the mean time, ,he hr:ld Mr.
Whittinghittny who was .then in a state of insensi.
bility, in his arms, and while in that situation,
Westbrook again lifted up his stick, and gave him
several severe blows, so as to knock him down upon
the ground again ; and he continued to persist in
his determination to carry him to the Watch-house ;
until Mr. Lawlor told him he would give him seven
shillings if he would Sufrer him to'be conveyed to his
own housC, and assist in carrying him thither.— On
this offer being made, Westbrook accepted it, and
Mr. Whittingham was taken home, in such a dread-
ful state, that the Witness thotight he never 'could
recover. Westbrook and the two other Defendants
entered the house, and demanded the seven .shillings,
hut Mr. Lawlor desired the scoundrels to go about
their business, and told them, so far from being en-
titled• to any reward, they should he severely pu.
nished for their barbarity. Hall and Wicks were
present Withs,Catkooktaiding and, assisting while
he was beating Mr. Whittingham ; who, during
the following day, hada hardly recovered his senses.
. .

The manner in which the three Defendants an-
swered the abci've charge, was by preferring what is
called a cross.inditiment, by whieh they in their
turn charged Mr, Whittingtiam with having first
made an assault upon Westbrook ; and for that pur-
pose they were allowed to give their evidence. In
some circumstances they differed in their story ; hut
they allegreed in such a statement, as convinced the
Ctiurt Mit they had committed gross perjury.
/ffritlrook's account was, that, on the night in
question, he had been standing at his own dour, near
the upper end of Tottenham-tuna-toad, in company
with the, other Defendants, when Mi. Whitting..
ham came up quite drunk, with a stick in his hand,
and cried out—"' what business have you here you
thieves what are you tell me who you are, or I
will shoot you with a gun." Tie then seized West,
brook' by the collar, and on being informed he was e
Peace Officer, he said, " d-----n your office." Hall
desired he might be taken to the watch.house, on
which Whittingham cried, « d--;L—en yoti,
watch-house you," and 'at the same time made a,
blow at him with his stick. Westbrook thenhev-
ing called on the two other Defendants, to aid and
assist him in the King's name, had Mr. Whiffing..
ham conveyed to the watch.house, bet when he got
there, he said he was a Gentlemau, that he lived at
Highgate, had three dihrent houses, and promised
to maka the 'Witness a proper recompense the fut.
lowing day, If he would conduct him home. Wesr.
brook, in hopes of a rewar& agreed to do so, and,
together with the other Defendants, walked with
him to Kentish Town. When they itr.rived there,
the Witness wantetithe e'eople at the Nag's. Head
to let him in, in Order that he might see who the
person was that he was conduding. White lie we„
speaking to the Master of the house, Whittinghem
gave \V icks, who had the care of him, ii
he slio,vve (iutilitii
one side, and coming up to Witness, said,
break every bone in hieskin.• The Witness in the
struggle fell down, and his finger was very. much
cut. Whittingham then ran ; Westbrook jitirhued and
threatened to knock him down, if he did not stop ;
he overtook and struck him 'twice, once on the arm,'
and the second time on the heed. He then fell
down, and Mr. Lawlor came up.
Westbrook po-
sitively swore he did nor strike him after Mr. Lew..
lot came up, and in Olio declaration he was joined

0.
„, 1‘:
br the tit° (Wei- nefentlantS: , filen wire. r lift.
tingham.got tb.his own se, he. Went to par.lour. fiies took Up a poker itid,,Oitkafened tti Split
Weitbrook's skull arid kr; Liwior also staid; If he
had a proper weapon; he Would do the seine; TILI
ihrie Defendants theii Made the be it of theft: •deity
out of the house. • • I
Mr. MAlNll.;Alitila in his charge; 121 j e!,.0
three Defendants had committed the grosset and most
scandalous Perjury ; and if must rest with elie Jury
to cohsider how far the testimony of such then Wa4.
to be credited with regard to those
.parts ii the
transaction that occurred before 11.1 r Lawlor inter.
feted, and of Whifi' Mr; Wh!Ctinghatri hifd no ee.:
One thing, howet4er, was.evidertr, that
Westbrook most ibiunefully abused his office Otitl
authority of Conitable, by cruelly and tinneecisarily
beating a man who was in a state of intoxication,
from whom he could have apprehended no violence,
and whom it was,. his •diny to have conduoed. with
the letist possible injury tS some place of safety.
The Jury found WeitbroOk Guilt), and acquitted
all the others.