The Sun.
London, England, 1861-05-14 00:00:00

LA IF INTELLIGENCE—(Ihts Day)

EXCHEQUER COURT.
(Before the Lord Chief Baron and a spccial jury.)
HATCH V. LEWIS AND LEWIS.
FOURTH DAY.

Mr. Montague Chambers this morning replied, on the
part of the plaintiff, He contendeel the evidence that had
been produced by the defendants to answer the charge 01
negligence that had been made against them had altogether
failed, and the jury, he felt certain, would be of the samt
opinion. In the first instance, Messrs. Lewis had been
guilty of great neglect in not at the first examination at
Wandsworth, asking for a remand, not for a week, but
for a single day, because, had he told the magistrate
that he had but just had the case put into his hands, and
was confident that he could give a satisfactory answer,
no objection would have been made to his proposal; but In
did not take that course, and the result had been ruinous
to the character of Mr. Hatch. Again, with respect to the
conduct of Mr. Lewis while Mr. Hatch was in gaol, there
had not been exhibited that care and attention that was to
have been expected from a gentleman that had been for five
and thirty years in practice as an attorney. He had spoken
of a consultation with Mr. Sergt. Ballantine regarding the
_ _

case he had in hand, but what he had been pleased to term
a consultation was nothing of the kind. He did not
think the jury would think that casually catching
hold of the skirts of a learned counsel's gown in Westmin-
ster-hall, and telling him that he had an important and
critical case to send him, could be termed a consultation
between counsel and attorney. Another instance of neglect
of the defendants' was that they never took the trouble to
examine the witness Mrs. Hatch, brought forward
to meet the charge made against her husband. Mr.
Lewis never knew the important testimony they could
give, and that being the case he allowed the trial to
come on without his having taken the ordinary course
of hearing what could be said in answer to it. Had
Mr. Lewis examined Mrs. Hatch, Mrs. Dillon, Miss Howe,
Lucy Hatch, and the servants, their statements could have
been put into the brief of Sergeant Ballantine, and then
they could have said to him " Hero are statements of the
witnesses for Mr. Hatch, taken from their own lips, you
san examine and cross-examine them with the greatest
certainty;" but nothing of the kind was done. The only
statement Sergeant Uallantine had to form his opinion as
to the advisability of calling witnesses for the defence was
his brief, and in that document not one single sentence ap-
peared that could induce him to believe that any
evidence was in existence to confute the horrible charge
made against his client. He had no hesitation in saying
had ziergeant Ballantine and Mr. Robinson been in the
slightest manner informed of the true facts of the case, they
would have adopted a very different course ; but those gen-
tlemen had supplied to them a scanty brief, and the result
of the trial was the conviction of Mr. Hatch. It was all
very well to say that the result of the second trial had
proved the innocence of Mr. Hatch, but it was idle to sup-
pose that the verdict of guilty, when once ut-
tered in the Central Criminal Court, did not cling
for ever to the person against whom it was uttered. To
Mr. Hatch it had been t.ital and irretrievable ruin, and when
th, y came to think that the evidence which would have
proved his innocence had been, through carelessness ex-
cluded, the jury would sympathise with his client. He
did not hesitate for a moment to say that if that evidence
had been produced the jury might have acquitted Mr.
or else it
whole weight
wHoaut el
dh ,hbauv
et
been
he
eenj
au jury m
verdictust
ehnat
ivree
y acquittedagau tt
hhe im
of evidence. The learned gentleman then at great length
went through the evidence produced at both trials and
resumed his seat, expressing his firm conviction that the
verdict of the jury would be in favour of his client.
The learned Judge then proceeded to sum up the evi-
dence to the jury.
The jury had not returned their verdict when we went
to press.

COURT OF BANKRUPTCY.

IN RE THE SHOREDITCH TUNIC-DAVIES AND TROUGHT..

To-day was appointed for the adjournei certificate meet-
ing in the matter of these bankrup,s, and the Court was
much more crowded than upon the last examination.
Mr. Linklater appeared for the assignees, Mr. Lawrence
for the bankrupt Davies, and Mr. Lewis (Harrison and
Lewis) for Troughton; Messrs. Quilk, Ball, and Gay ap-
peared as accountants to the bankrupts, and Mr. Edward
Hart (Hart Brothers and Hayles) as accountant to the
creditors.

Mr: Linklater said he would now proceed to examine the
bankrupt Davies upon the figures in the accounts and as
t 9 the general facts of the case, and that gentleman wee
under examination when our report left.
It was understood that Mr. Evans (whose enormous debt
has caused such dissatisfaction to the creditors) would be
examined to-day, and much interest was excited by the
fact.

POLICE INTELLIGENCE._( This Day.)
MARLBOROUGH-STREET.
ASSAULT THROUGH A BETTING TRANSACTION.—Mr.
Frederick Kingwell, wheelwright, of St. Martin's-lane,
was charged before Mr. Mansfield with assaulting a brass
instrument maker named Ryan, as follows :

The complainant said he went into the Craubourn. Hotel
the previous night about 11, and seeing the defendant
there he asked him for In 4 ho owed him, and the defendant
then struck him, '• cutting him to bits."

Mr. Edward Lewis, of Great :Marlborough-street, said he
would call a witness who would show that the defendant,
who was a very respectable man, had been grossly assaulted
by the complainant. He was aware that words would not
justify blows, but the complainant had brought it all on
himself, and it was in being put cut of the house that he
received the blow.

i
Mr. John Keck, of the Cranbourn Hotel, St. Martin's-
lane, said Mr. Kingwell was talking to him about some
horses,
when Ryan spoke to him about a bet, and then
abused
him. Several gentlemen were present. There was
a scuffle,
but he could not tell who struck the first blow.
Ar .
said there seemed to be a provocation, but
the witness for the defence did not contradict the complain-
ant. The landlord, or his servant, should have put the
complainant out, and not the defendant. Thu complainant
seemed to have received some blows, and he should fine
defendant 20s.

THAMES.
EXTRAORDINARY MISTAKE __SINGULAR IF TRUE.—
Wilhelm Kraus, a German shoemaker, about 40 years of
age, and dwelling with his children at No, 6, Plummer's-
row,
Mile-end Old-town, was brought before Mr. Wool-
rych charged with assaulting Elizabeth Holmes, a mar-
ried woman, of Grove-cottage, Shacklewell. The prisoner
was arrested last night.

The complainant, a most respectable and lady-like female,
who was much agitated sad trembled excessively while
giving her evidence, stated that on Tuesday night last,
about half-past eight o'clock, she was passing along Green-
field-street, Whitechapel, when the
prisoner came up to
her, looked very fiercely at her, and walked alongside of
her a few yards, and then seized her in his arms and said,
" I have got you." She called out " Murder," end said
"Leave me alone." A crowd assembled and she appealed to
them for assistance. They
were all Germans and did
not pay any attention to her. The prisoner continued his
grasp of her, and pushed and kicked her along the street
for a distance of 200 yards. Sherepeatedly said to him "Let
me go, if you want my money take it." At last she reached
the door of a chandler's shop, and implored of a woman
there to relieve her. The woman at first refused,
and told her to go away, but ultimate') re-
leased and sheltered her. The prisoner then ran away.
She was very sore all over, particularly about the chest,
from the prisoner's violence.
In answer to questions by Mr. Woolrych, the witness
said that she allowed the prisoner no familiarities, and did
not converse with him about the weather or time of day
before he seized her. She never talked to or held commu-
nications with strangers, whether.on foot, in a railway car •
riage, or in an omnibus.
The prisoner, in defeace, said that his wife, who was
thirty-eight years of age, left him a few weeks ago,
and eloped with a young man. He met the corn
plainant in Greenfield-street on Friday night, and mis-
taking her for his wife, said to her in German, " Dear wife,
dear angel, do come home and look at your children, and
then you may go again." lie pushed her along, when she
resisted, and directly he found out his mistake he left her.
He had since made an apology for his conduct, and was
, very sorry for what had happened..

Mrs. Holmes was recalled, and said the prisoner only
spoke three words to her, and in English, " I've got you."
She did not hear him speak in German.

"in home,statu re and
For the defence several witnesses were called, who said
as he
dthees c
rpirbiesdo,n earn' sd
appearance, was very much like
abandonedu
th,
her, and their
wthifaat htande
dresses, particularly their shawls, were similar. On
Friday night a little girl told the prisoner his wife was
in Greenfield-street, and he went there, and seeing the
complainant put his arms round her waist, and said to her,
in German," My wife, my Louisa, comehome ;" and then led
her along the foot-path, but did not kick her or push her.
Mrs. Hitchc, ck, who keeps the chandler's shop, referred
to in the evidence of Mrs Holmes, said that when she saw
the prisoner struggling with the complainant at her door,
she refused to interfere, believing she was his wife ; but
when Mrs. Holmes exclaimed, " I don't know the fellow,"
witness said to Kraus, " You have made a mistake. Go
about your business." _
. _

Mr. Woolrych said the complainant was not 38 or any
thing like it, and was a respectable woman who had con-
'ducted herself with great propriety. lie believed a mis-
take had been committed by the prisoner. It was a great
blunder, but he did nit think the prisoner intended to hurt
the complainant. Re dismissed the case.
The prisoner was discharged.

sicians shall be esta-
blished just decided
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fsot
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ooufn Vmaur
in every regiment.

An old four-horse Stage-coach will ere long be less a
novelty than premature grey hair, which is fast disappearing
under the effects of Herring's magnetic brushes and combs,
which reek nt improvements have rendered almost infallible
in restoring the colour ,to grey hair, and also in removing the
agony of tic doloreux and nervous headache. N.B.—Coun-
terleits are being wade. Q 1 $, 32, Bataingliall-street,
1g114911.