The Sun.
London, England, 1866-05-08 00:00:00

LAW INTE

COURT OF QUEEN'S BENCII.

(Sittings in Banco, before Justices Blackburn, Mellor,
and Slice.)
NICHOLSON V. NEVILLE AND CO.

In this case the plaintiff, a contractor, brought an action
against the defendants, who are boat builders, to recover
the value of a promissory note for £l,OOO ; but on the 3d
of February last, two days before the trial, an arrangement
was made by which the plaintiff consented to accept £5OO
in money and a promissory note for £5OO " in settle-
ment" of the cause of the action. However, the
promissory note was not paid, and the action being
undefended judgment was entered for the plaintiff. The
defendant afterwards applied to Mr. Justice Mellor in
Chambers for an order in satisfaction of judgment, the object
of which was that the judgment should be stayed, but his
lordship refused to make the order. An appeal was then
made to the Court by tho defendant, and the rule was
argued this morning.
Mr. H. James appeared in support of the rule, and Mr.
Cowan for the plaintiff.
The Court considered that a cheque which :had been
dishonoured, notwithstanding the words "in settlement'
did not entitle the action to be stayed.
Rule discharged with costs against the defendant.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

COWARDLY ASSAULT ON A GlRL.—Robert Cousins, a
musical instrument maker, of No. 13, Market-street,
Fitzroy-square, was charged before Mr. Tyrwhitt, on a
warrant, with assaulting Jane Hatton, a girl, daughter of
Mrs. Sarah Hatton, the landlady of the house.
It appears that the mother of the prisoner was making a
disturbance on the second-floor landing of the house, when
Mrs. Hatton went up to tell her to go into her room as she
was annoying the other lodgers. The complainant fol-
lowed her mother up stairs, when the prisoner rushed
out of the room, having nothing but his shirt on, and
struck the complainant three violent blows in the mouth,
cutting it and smothering her with blood, and-then ran
into the room and locked himself in.

Mr. Tyrwhitt said it was a cowardly and unprovoked
assault, and fined the prisoner 40s. or a month.

THAMES.

SAVAGE ASSAULT ON A POLICE CONSTABLE.—George
Wells, a cab-washer and labourer, was brought before Mr.
Paget, charged with violently assaulting Arthur Tennant,
a police-constable, No. 192 K.

The complainant said that he took a woman into custody
last night in the Mile-end-road for being drunk and dis-
orderly, and had reached Sydney-street on the way to the
station-house, when the prisoner came out of a public-house
and demanded of him what he was going to do with the
woman. He replied that he was about to lodge her in the
station- house. The prisoner hit him and allowed the
woman to escape. He seized the prisoner and struggled
with him. They both fell, and the prisoner while engaged
with him on the ground kicked him on the shoulder,
which was very painful. They were up and down
several times, and he was repeatedly struck and kicked.
The struggle continued until assistance came.

Robert Hagan, of No. 17, Redman's-row, carman, con-
firmed the statement of the policeman.
The prisoner said he was very sorry. H. had a mother
80 years of ago to keep, and worked very hard for her.
Mr. Paget sentenced the prisoner to one month's im-
prisonment and hard labour.
EXTRAORDINARY CASE OF CUTTING AND IV6UNDING.
James Smith, a tall man, of foreign appearance, with large
black beard and moustache, was brought before Mr. Paget
charged with stabbing John Penny, of 13, St. Anne-street,
St. George-in-the-East, cabinetmaker.
The evidence of the complainant, whose right arm was
in a sling, was that he met the prisoner in Umberstone-
street, Commercial-road, and he asked him to show him
the way to Wells-street Sailors' Home, and promised him
a glass of beer for doing so. On the way he asked for the
beer, and the prisoner made an attempt to stab him in the
belly with a knife. He put his right arm down and the
knife went through the fleshy part of it. He had been to
the hospital, and his arm was dressed. He lost a good
deal of blood.

The prisoner, in defence, said that he was violently
attacked by the prosecutor, and used his knife, in self-
defence.

James Stroud, No. 656 A, heard both men crying out
"Police," "Murder," and " Stop thief," and found Penny
bleeding from the arm. The prisoner was sober, the pro-
secutor was drunk.
Fry, police-constable, said the prisoner had been robbed
and assaulted by a ticket-of-leave convict, who was in pri-
son, and was to be tried at the next sessions.
Mr. Paget remanded the prisoner.