The Sun.
London, England, 1861-01-26 00:00:00

THAMES.

REMARKABLE CHARGE OF ASSAULT. - Mark
Brown Garrett, surgeon and apothecary, of 4, Colet-
place, Commercial-road-east, and New-road, both
in the parish of St. George-in-the-East, appeared
before Mr. Selfe on a summons which charged him
with assaulting Robert Roche.
Mr. Gomm, from the office of Mr. Chas. Young,
solicitor, stated the case for the prosecution in a
very lucid and temperate manner, and, in conclu-
sion, said that Dr. Garrett, who was a gentleman
in extensive practice in the district, had been
actuated by an animus of a dangerous character
against the complainant 16 years ago.
Mr. Selfe thought the statute of limitation ap-
plied in such a case as that.
The complainant, a very respectable and trust-
worthy man, is the gaoler of the Thames Police-
court, and deservedly esteemed by the magistrates.
He stated that on Thursday afternoon last, while a
large concourse of poor and destitute persons were
assembled in the street in front of the court, Dr.
Garrett drove up in his chaise, and after alighting,
walked into the passage of the court, and asked
him if he could obtain any printed forms recom-
mending applicants for relief, to which he re-
plied, " I don't know,sir." Dr. Garrett said, " Yes,
you do, you humbug," and at the same time struck
him with his clenched fist on the armpit, and
shoved him round. He said to the defendant," I
will strike you with my key if you do that again.
You come in here more like a bullock, driving every
one before you, than anything else." The defendant
said, " I'll see about you. I'll see and make
Mr. Selfe dismiss you." Witness said " Mr.
Selfe, the magistrate, will dismiss no one like you,
Mr. Garrett." The defendant then advanced to-
wards the crowd, and said " Look at the Irish
here ; see what we aro doing for your countrymen."
Witness said, "If no one did more than you for
them they would do very little. I don't know one
of them who has been convicted of an offence, like
you, Mr. Garrett." He also said to the defendant,
" I will not take advantage of you, Come into the
court, before Mr. Yardley, and the case shall be
heard, if not I shall take out process against you."
The defendant went into the court, sat down close
to the table, and as he (Roche) entered the court,
rose and disappeared. He then applied to Mr,
Yardley for a summons, which was granted.
In answer to a question by Mr. Gomm, Roche
said—l know Dr. Garrett has had a bad feeling
against me, because I would not release him with-
out—

Mr. Selfe—Stop. How long ago is that.
Roche—Sixteen years ago, sir.
Mr. Selfe—Very well. Stop that.
The defendant, on being asked if he had any
questions to ask of the complainant, said that he
had such a mountain to cope with he hardly knew
what to do. The Rev. Mr. Richardson, of St.
George-in-the-East, was engaged, and could not
attend. He then cross-examined the complainant,
who, in answer to a question, said—l certainly did
say to you, " However poor the people are, they
are conducting themselves most properly, and not
ono of them has been convicted, like you."
Inspector Beare, of the K division, confirmed
Roche in all the material particulars, and said that
great disorder was occasioned amongst the crowd
of applicants for relief by Dr. Garrett's unseemly
conduct, and added, " He called me a swindler and
a scoundrel, and more than that, as ho left the
court, said, You are all swindlers.'"
Mr. Selfe—What aversion had he to) you ?
Inspector Beare—Well, sir, about 13 or 14 months
ago I locked up the doctor at the Poplar station-
house for assaulting a toll collector.
Mr. William Livingston, the chief usher of the
court, who has been entrusted by the magistrates
with the relief fund and its dispensation in the
course of the last month, said that Dr. Garrett
created so much confusion on Tuesday afternoon
that lie was under the very disagreeable necessity
of discontinuing the relief ordered by Mr. Yardley.
He said to the defendant, who was then inside the
passage of the court, "Now, Mr. Garrett, do be
quiet." fhe defendant paid no attention to his
request and walked up and down the passage
rna4ing a great noise. He told the defendant he
really must put him out if he was not quiet. The
defendant said, " Oh, go back to the north of Eng-
land, where you come from."
The Thlendant—Oh, that was a joke.
Mr. Livingstop—Well, take it so. I can go
back to the north very readily.
The Defendant—And I can go the West of Eng-
land to-morrow.

Mr. Livingston—And there are not many that
would prevent you, I believe. I should not, for
one.

The defendant said the case laid in a nutshell,
and he would not detain the magistrate a minute.
He then made a long and rambling defence compli-
menting Mr. Livingston for the fair way he had
given his evidence, denying that he had struck
Roche, or that he had used the monosyllable
" Selfe," and declaring that he only came to the
court for printed forms to enable him to recom-
mend deserving applicants to the court for relief.
He knew he had been rather prolix, although he
had said the case laid in a nutshell. He had no ill-
fecling against Roche. He believed Roche was a

very good officer, and if he had only said" Yes" or
"Nu" to the question put to him this would not
have happened.
Mr. Selfe, in a lengthened judgment, said, there
was no doubt an assault had been committed, and
that the defendant was in a state of excitement at

the time. He accepted the defendant's statement,
that he was actuated by charitable motives in com-
ing to the court, but any one who had regard to his
own character as a gentleman would not have acted
as the defendant had done. It was only last week
that he committed a man to prison for ten days for
assaulting a police-constable in front of the court
while relief was being administered. Hu was not

quite sure whether the complainant was a constable
wi+hin the meaning of the Metropolitan Police
Act. If he had been satisfied on that point he
should have committed the defendant to prison for
ten days without the option of paying a fine. The
defendant in his excitement had most improperly
and unjustifiably called Inspector Beare a swindler,
and if that had been followed up by a blow he
would certainly have committed him to prison. If
he had been quite satisfied that Roche was a police
constable withfn the meaning of the Police Act, he
should not have been doing equal justice if he had
not committed defendant to the House of Correc-
tion. A sente?lce like that, which the defendant
richly deserved, would have stigmatised him with
disgrace for life. Mr. Selfe then alluded to the ex-
cellent conduct of the people generally during the
late trying period of distress, and said the defendant
ought to have shown an example to others, and not
indulged in disgraceful language which people in a
lower grade of life had abstained from during the
;ate crisis. He felt bound to inflict the heaviest
penalty in his power for the unwarrantable assault
committed upon Roche, and that was, that the
defendant pay a fine of £5 or be committed to prison
for one month.

The defendant was locked up for an hour, paid
the fine, and was liberated.

RAILWAY INTELLIGENCE.

COLCHESTER AND STOUR VALLEY.

From the half-yearly report of the directors of this com-
pany it appears that the gross balance of revenue account
on the 31st December last was £4,598, from which was de-
ducted interest on preference shares and other charges,
leaving a net surplus divisablo among tho shareholders of
£3,789. Out of this sum the directors recommend that a
dividend be declared of £1 13s. per cent. for the half-year,
free of income tax, leaving a balance in hand of about £l6.