The Sun.
London, England, 1861-06-13 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JUNE 13, 1861.'

ing a great noise, singing, laughing, beating
the table, and yelling " Bob Ridley." All rose
together and said, " We're in for a --
lark " They rushed from the room into the cir-
cular bar in a compact body, driving every one be-
fore them. They returned through the circular bar
into the coffee-room, driving people from the table,

and compelling the servants of the establishment to
remove all the glass. Another person prominent
amongst those making the disturbance was taken
into custody, when some of the friends of the de-
fendant said, " If you take that man we will break
every thing in the -- place." Witness said he
had no desire to take anybody into custody, and he
would let the mat; go if they would take him away.
He was then liberated on their promise to do so;
but they placed him in V'..? middle of them, again
formed round him, and rushed in the same manner
as before into the circular bar.
Mr. Arnold inquired whether the defendant took
part in what had been described.
Witness replied that he was in the midst of the
rush three or four times. The party in the circular
bar forced it open again; they made a rush, and
drove witness and the police back into the coffee-
ropm. As witness was driven back to the centre
of the room, he heard glass break; the iron bars
outside the windows were forced, and defendant,
who had been in the room, was then outside the

window.
.Cross-examined—There were ten or twelve in
the riot ; they all moved of their own accord ; they
drove everybody right and left, keeping together,
and yelling and hooting.
Mr. Lewis, addressing the bench, said that no one
more sincerely regretted being led into indiscretion
by temporary excitement than his client ; but it was
his (Mr. Lewis's) duty to point out to the magi-
strate that the evidence adduced did not support
the charge against the defendant of unlawfully
resisting the police in the execution of their duty,
but on the contrary, denied it, for the consta-
bles proved that they had him in custody when
his friends rescued him, without his taking
any part in the act. If there had been evidence
that he had in any way raised the rescue, then
Mr. Lewis would admit that he might be
liable. As his friends alone did it, he was not
in point of law liable for the transaction, and he
must call the magistrate's attention to the fact that
Potter said defendant was perfectly passive, and
the other constable merely
.proved a movement
backwards, which probably might have been caused
by the pressure around. Defendant had by the im-
prisonment he had undergone while under remand,
suffered in such a way as a gentleman of fine feel-
ings would not like to pass through a second time,
and that, he suggested, was anything but what
ought to have been expected from the nature of the
charge.
Mr. Arnold having asked Mr. Lewis whether he
had any evidence to offer on behalf of his client,
Mr. Lewis replied in the negative.
Mr. Arnold said that the charge against the de-
fendant was for unlawfully resisting Potter in the
execution of his duty, and he (Mr. Arnold was
clearly of opinion that it was made out in law, be-
cause, as defendant was acting in concert with
others, it must be taken, as a principle, that their
resistance was the same as though he had resisted
himself, and although there was no resistance per-
sonally in Potter's case, in that of the other con-
stable it was positively shown that defendant forced
his way back while the others took hold of him.
He must repeat that it was quite clear defendant
was acting in concert with others around him, and
was therefore liable for their acts. If this had been
an ordinary case of accidental disturbance he
should have felt that the infliction of the ordinary
penalty would in all probability have been suffi-
cient to meet it, but it was not. It was obvious that
defendant with a gang, as it might be termed, but
what he would call a band, went to these gardens
with the express object of disturbing the public
peace and order, and interfering with the amuse-
ments of those who had gone there for pleasure,
and with a determination that if any attempt was
made to restrain them to resist it by force and vio-
lence ; and it had been stated in the course of this
inquiry that defendant had distinguished himself in
this discreditable way on more than one occasion,
although that matter was not part of the present
inquiry. The determination of the party with
whom defendant was acting in concert, was, he
must repeat, to create a disturbance and resist the
authority of the law ; and, as he felt that a pecu-
niary fine upon the defendant would not in any
way meet the case—
Mr. Lewis here interposed—lf it were not the
magistrate's intention to inflict a fine, he would
prefer that the case be sent to the sessions.
Mr. Arnold did not see why this case should be
treated differently from others. He was in the
habit of dealing with cases of this kind, or, at least,
not so bad—he might say daily—and could see no
reason why this should be taken out of his hands.
Mr. Lewis did not think the course the magis-
trate was about to pursue quite proper. There
were many such cases where a jury had an indict-
ment sent before them, and defendant would prefer
being tried by a jury. If it were an ordinary case
he (Mr. Lewis) would have a right of appeal, and
without meaning any disrespect, would feel it his
duty to exercise it. If the case were sent before a
jury, and defendant were pronounced guilty, a
judge could give a greater punishment than the
magistrate had power to inflict.
Mr. Arnold observed that there was not the
slightest evidence to rebut the charge made against
the prisoner, and it was not a fit case to send to
the sessions, but one strictly in his province to deal
with by law. Taking the whole of the circum-
stances of the case, and bearing in mind the fact
that defendant had received four or five days' im-
prisonment already, he should commit him to the
House of Correction for ten days.
Defendant and his friends exhibited the greatest
consternation, and subsequently expressed their de-
termination to apply to the Secretary of State to
endeavour to effect the prisoner's release.
THAMES.—CHARGE OF WILFUL MURDER.—
Julia Bryant, alias Connor, an Irish woman, aged
29, who carried an infant in her arms, was brought
before Mr. Woolrych, charged with the wilful
murder of Catherine Daly.
Inspector Dendy, of the H division, stated that,
at half-past 12 o'clock on Thursday night last, a
woman named Catherine Daly was brought to the
Leman-street station-house, in Whitechapel, with
a severe wound on her nose, which appeared to have
been completely divided. She was bleeding copi-
ously, and was very much exhausted. He sent for
Dr. Comley, of High-street, Whitechapel, who
bandaged the wound, and said the case was a very
serious one, and that the woman must be sent to the
London Hospital directly. The doctor's orders were
carried out, and the woman was supported on the
arms of two police constables to the hospital, where
she expired on Monday evening.
Timothy Carroll, a labourer, stated that the de-
ceased was his sister. He saw her alive on Sunday
in the hospital. She was then in a state of delirium.
On Tuesday he saw the body of his sister laid out
in the dead-house of the hospital.
Mary Flynn, the wife of 'William Flynn, a tailor,
of Gun-square, Hounsditch, stated that she was in
the Blue Peter public-house, Rosemary-lane, White-
chapel, on Thurs Jay night last. The prisoner, her
husband, and Catherine Daly were there. The
prisoner's husband gave the deceased a glass of
stout, and said to her, " Kitty, how many years ago
is it since you and I first slept together ?" The
deceased said in reply, " I do not know that I ever
did sleep with you. When I did sleep with a
man, it was with a good man in a foreign country.
The prisoner was annoyed with the conversation,
and had some words with the deceased. They called
each other names, and the prisoner took up a quart
pot and struck Daly a tremendous blow on the nose.
The deceased staggered from the effects of the blow
which severed her nose, and she leaned against a
wall, and " bled violently nearly a quart." 'Witness
said it was a shame to let a woman bleed to death,
and the barman at the Blue Peter led her outside
into the street. Two police-constables came to the
assistance of the deceased, and finding her quite
exhausted from loss of blood, carried her to the
station-house,
Francis Kelly, a police-constable, 130 H, took the
prisoner into custody in Blue Gate-fields, Shadwell,
on Tuesday night. A scene of the greatest con-
fusion ensued among the Irish congregated there,
and if he had not been provided with the assistance
of several police-constables he should never have
got the prisoner away. The prisoner said " I did
strike Catherine Daly, and I am very sorry for it,
and was determined to give myself up." An im-
mense number of persons assembled in Leman-
street, opposite the station-house that morning, and
there was great excitement. The prisoner was
taken out of the station-house secretly by a back
way and escaped the mob.
Inspector Durdy said the inquest on the remains
of the deceased would be held this day.
Mr. Woolrych remanded the prisoner for a week.

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