The Sun.
London, England, 1835-11-05 00:00:00

Q UEEN- SQUARE.

Samuel Knight, a drayman in the emplo; of Mr. Gold-
smith, an ale-brewer in the Horseferry-road, Westminster,
,was yesterday charged before Messrs. GREGORY and BUR-
RELL with negligent driving and damaging the carriage of
Colonel Leith Hay. The defendant appeared voluntarily
to answer the charge, in consequence of a warrant having
been ;ranted by Mr. GREGORIE upon the application of
Colonel Hay against a brewer's drayman named Gibbons,
in the same employment, who was alleged to be the party
that had offended.

Robert Williams, coachman to Colonel Hay, deposed
that on Wednesday last (yesterday week), between seven
and eight o'clock in the evening, be was driving to the resi-
dence of the Colonel in Eaton-square. Re was driving at
a moderate pace, and was on his left or proper side *of the
road. In passing the coach-stand at Buckingham-gate, a
brewer's dray turned the corner very quickly, and before
witness could pull up to the opposite side, the hinder part
of the dray came in contact with the pole of the carriage
and snapped it in two. The horses of the carriage startled
and immediately took fright, proceeding at a most rapid
rate ; the footman was from the concussion thrown off the
box, but witness kept his seat, endeavouring all he could to
check the speed of the animals. They ultimately ran
against a lamp-post, and with such violence as to knock it
down, by which their course was retarded and they were
prevented from committing any further damage. The wit-
ness added, that he could not speak as to who was driving
the dray, but after the accident he noticed the defendant
and another man in the garb of draymen by the horses.
The defendant held the whip.
Mr. GREGORIE (to the defendant)—Was you or the
other man the responsible driver on the occasion ?
The defendant admitted that he was.

Mr. GREGORIE (to the witness)—Are you certain as to
your. being on the right side of the road ? Witness—l am.
I,,was.as close! as possible to the curb.•. • • ~,•
Captain Graves,: residing nt.No. 2; ; Lower Belgrave-
street, and Mr. Joseph 'Callaway, a gentlemary residing iti
Pall-mall, who. were passing by :Buckingham-gate on ,foot
at the time, deposed to hearing the crash. They did not
consider, from what they saw, that the coachman was at
at all blameable ; the collision was instantaneous.

John Narroway, the waterman at the coach stand, heard
the crash, and attributed the occasion of it to the driver of
the dray turning the corner too sharply.
The defendant, in reply, said that the horses in the dray
were very spirited ones, and it was difficult to manage
them ; one of them in particular turned corners very sharply,
which was the case in this instance. He heard the crash,
but had no idea that it was with his dray. He could not
see that he was to blame.

Mr. Goldsmith said ihat he did not appear at the office
to vindicate the conduct of his servant. There was a great
deal of negligence with draymen in driving, and he had fre-
quently witnessed it in the public streets itself. He there-
fore thought, for the safety of the public, that they ought
to be punished, when they offended, as the law directs.
Mr. GREGORIE.-It appears to me that the shaft-horse
must have occasioned the mischief.

Defendant—The shaft horse was the most spirited of all.
Mr. GREGOAIE—Can any person speak as to the amount
of damage ? _ _

The son of Colonel Hay produced an invoice, stating the
repairs of the carriage to amount to 131.
Mr. GREGORLE said he could not, under the Act of Par-
liament, order the defendant to pay that amount, but he
should fine him to the full extent.

The defendant was then ordered to pay 51., for the da-
mage, and a fine of 40s. for negligent driving ; and in de-
fault of paying these sums he was ordered to be imprisoned.

WORSHIP-STREET.

Yesterday Isaac Groogeant, a policeman, No. 27, and
John Pritchard, a constable under the Court Leet, and in
the service of Mr. Thomas Rous, proprietor of the Eagle
Tavern, in the City-road, appeared before Messrs. TWY-
FORD and GROVE, on a summons, charged with assaulting
Mr. Frederick Brown, upholsterer, Brick-lane.
The complainant stated that on Monday evening he went
with his brother into the Eagle Tavern, at about half-past
ten o'clock, and that in the course of the entertainments a
contest arose amongst the audience as to the repetition of a
song. The manager came forward, and he (complainant)
got upon the table to address him in favour of the encore,
when the two defendants came up to him, and he was pulled
by Pritchard over the back of the seat, and very seriously
hurt in the loins. Complainant was quite sober.
Mrs. Harriet Tanner, sister of the complainant, and
another female, corroborated the evidence.

Mr. Wm. Brown, the complainant's brother, also spoke
to much unnecessary violence having been used by the de-
fendant Pritchard. He did not consider the policeman to
have committed an assault ; but to have been actuated by
an endeavour to preserve the peace.
Mr. TWYFORD remarked that the question was where
the line was to be drawn to limit a freedom in the ex-
pression of pleasure or displeasure. The Magistrate then
asked the policeman if his directions justified any inter-
ference where an audience was excited by a difference of
opinion ?

Policemen said that he was only required to interfere
where there was any violation of the peace, and stated that
he had been six years in the police, and for the last two
years has been engaged at the tavern, during which time he
never witnessed such confusion as that on Monday night.
There were general cries of" Turn him out" (meaning the
complainant.) Defendant seeing him about to address Mr
Raymond, who was on the stage, asked him to desist.
his attempting again to speak, he (defendant) interfe re d,
but no excessive force was used.

Mr. Orme, who has thy; arrangement of the programme
of the playbills, stated for th© defence that he saw no as-
sault committed.

Mr. Raymond, stage:linnager, said that there were about
500 persons present, "and that the majority of the audience
were opposed to the encore. The complainant, however,
with his f'r'iend, and a few others, called loudly for a repe-
titien of the song.
Mr. Thomas Rous, licensed victualler, said, that by his
orders the defendant was removed, but as gently as possi-
ble. The cry of " Turn him out" was general.
Mr. TWYFORD remarked that upon the evidence of the
complainant's witness there was no charge against the police
constable. Mr. Roils having given the order, was the res-
ponsible person.
Mr. Rous said lie was very sorry for any injury which
the complainant had received.
After a long investigation, Mr. Rous agreed to pay the
expenses of medical attendance. •
The parties then left the Office.

HATTON-GARDEN.
William Cotton, a toll-collector of the Holloway turn-
pike gate, was summoned before Messrs. LAING and Ro-
GERS, to answer the complaint of William Smith, carman to
Mr. Block, farmer of Pinchley, under the following cir-
cumstances :

The complainant deposed that on Monday last he came
through Holloway turnpike, from Finchley, with an empty
cart, when a boy demanded Is. lid. Witness informed
himAat be was coming back with a load of dung. On his
return he went to tlie toll-house, and saw the defendant,
who refused to return the money.
The defendant denied having received it, saying that he
was not the collector on that day.
Mr. ROGERS-But you are the collector, and you know
that you arc bound by the Act of Parliament to return the
money.

llefendant—When I was applied to I did n:.t know the
nature of the case.

Mr. ROGERS—How dare you stand there and tell me
such lies. I tell you that you have robbed that respectable
man of Is. 1 id, and unless you return it, further proceed-
ings will be pursued.
Mr. Block said it was not the sum of money that he va-
lued, but such practices ought to be checked, and lie re-
quested to have a summons against the boy who received
the money.

Mr. lion Ens Certainly you shall have one ; I am
aware of the trickery of such fellows, and they shall not im-
pose upon the public with impunity.
The defendant agreed to return the money, and he was
ordered to pay the costs, with a reprimand.