The Sun.
London, England, 1857-12-19 00:00:00

MIDDLESEX SESSIONS—Dec. 19.

(Before Mr. Creasy, at Clerkenwell.)
Hugh Brady, formerly a constable of the H divi-
sion, who had been brought iu custody from Dub-
lin upon a judge's warrant to take his trial, was in-
dicted with George Queenby, police-constable 125
H, who surrendered, for having, on July Bth last,
unlawfully and maliciously inflicted grievous bodily
harm upon Diedrich Rathgen.
The prosecutor upon the present occasion, it will
be remembered, was tried for an assault upon the
two constables, now the defendants, and acquitted,
on the ground that they had been guilty of bruta-
lity to him, and had acted greatly in excess of their
duty. Brady was allowed to resign ; Queenby was
retained, pending this trial.
Mr. Sleigh, who defended the prosecutor on his
trial, and Mr. Lawrence were for the prosecution ;
Mr. Metcalfe appeared for Brady, and Mr. Ribton
defended Queenby.
Mr. Sleigh, in opening the case, said it involved
an inquiry of the gravest possible character, both as
regarded the interests of the public at large, and the
conduct of the police force of the metropolis. That
force was composed of a body of men who were ex-

posed to considerable danger in the discharge of
their duty, and the law very properly surrounded
them with great protection, and inflicted severe pu-
nishment on persons who improperly interfered with
them or prevented their performing their office ;
but, on the other hand, when they were found
abusing the powers which were vested in them, the
law also afforded the means of bringing them to pu-
nishment. In this case he was afraid he should have
to lay before the jury such a state of facts as could
leave no doubt that the two defendants had been
guilty of most disgraceful conduct, first to a
married w•man, and then to her husband when

the latter threatened to report such conduct at the
station, inflicting such injury upon him that
he was disabled for many weeks, and was still
suftiring from the effects of their violence. If
this were proved the jury would do their duty
and find them guilty, without regard to the con-
sequences, although they were officers charged with
the protection of the property and interests of the
public.
The Prosecutor—l am a bag-maker, and reside
at No. 9, Old Montague-street, Whitechapel. I
have resided there some years, and my name is on
the outer door. On the Bth of July last I went
with some friends to a German festival held at
Highbury-barn, and I, my wife, her sister, and
friends returned home in cabs between 3 and 4
next morning. We all got out near Whitechapel
Church, about four minutes' walk from my house.
A young woman was with us, and my wife and her
sister went to see her home. While waiting for
their return I heard an altercation in Hope-street,
close to my house, and on going there I found the ,
defendant Brady, the policeman on duty, and my
wife and her sister. My wife complained to me
that Brady had insulted her, and had thrown her
cape over her head. She said he bad called her a
soliciting prostitute. I said " Why did you do
that 1" He said " What is that to you: I'll give
you a spank on the face." I then told my wife to
come home. A young man named Conrad was with
us. He lives in our house, and we all four went in
together. As we were leaving Hope street Queenby
came up. I had not struck or done anything to
Brady. Nothing occurred till we were inside my
house. When Queenby came up I said I had got
Brady's number and should report him. When we
went in Conrad shut the gate and was leaning upon
it. Both defendants camo up to the gate. I was
standing in the passage with my pocketbook in my
hand, writing the number of Brady, but before I
could do so I was struck a blow on the head with a
truncheon. I cannot say which did it, but both
rushed into the passage at the same time. Conrad
came in bleeding. He had been struck on the head
and elbow by Brady, and he ran upstairs. The de-
fendants broke down the gate. (It was produced.)
When they rushed in I received several blows on
the head, but I could not see, for my eyes were
filled with the blood flowint, from my h .ad. Sotce-
how I got up and laid hold of Brady's truncheon,
when the other defendant struck me six times on
the arm. I struggled with Brady from the passage
to the kitchen, and held on to the truncheon to
save my life, but was compelled at last to let it go ;
and Brady then gave me a blow on the top of the
head, and I fell down from the effect of it. Both
of them then went out into the street. I remained
inside some minutes, and. then went out to go to
the station to complain. I got as far as the corner,
but, finding I was covered with blood, I went back
to get it wiped. The defendants were then in Old.
Montague-street, and I told them I should go tol
the station, when they laid hold. of me and said
they should lock me up. They did so, and charged
me with having assaulted them with a poker. I
did not do anything of the kind. The doctor came
and cut the hair from my head where I was hurt. I
was detained half-an-hour, and was then bailed out.
I appeared at the police-court to answer their
charge, but was so bad that the magistrate ordered
me to betaken to the hospital. I was an in-patient
till the 23d July, but was under medical care some
time after, and now feel the effects of the blow.
sometimes it is so bad that I nearly faint. I was
tried in this court for assaulting them, but ac-
quitted on the evidence of my witnesses. I then
charged them.
Mrs. Ratbgen gave evidence fully bearing out that
of her husband. As to the cause of the affair she said
• —Wben.l returned from taking the girl home 1 saw
Brady at the bottom of Ely-place. He followed us to
the top of Hope-street, when he came up behind me
and threw my black cloth mantle over my head. I
said, "What have you done that for ?" He said,
" You know what I did it for." I said, " I don't

understand you, sir." He said, "1 knOw you, and
if you don't go on I'll lock you up." I said, " I
have lived in my house over the way eight years,
and you cannot lock me up, for I've done nothing."
113emaitaddi "You
. are out soliciting prostitution." I
an" I'll take
as I got very excited at such
at
that
mi.
on take your number and report you,"
and
up and tout
them a my husband and Conrad came
e what he had said. My husband
took me bytiur
told me to go indoors, and
said he would reir,,,tale
Qaeenby came up, and I
told him of Brady', coZ
in three or four minutes
He told me to be off
home, and we went home_ in
pay came up to the door.
• The rest of her evidence was With
assault—precisely the same account to her
an
,that given
by the prosecutor.
Emma Roberts, Mrs. Rathgen's
--ter, who
w
with her when Brady threw up her mantle, and said
she was soliciting prostitution, entirely
er: fin_
rad her account of what bad occurred, an
rad Wendenbeim gave evidence as to the assault
upon the prosecutor and himself.
• Mr. Adams, surgeon at the London Hospital,
stated that he attended to Mr. Rathgen on his ad
mission tolhat institution, and found that he had a
severe laceration of the scalp, which was cut in three
or. four places. He left on the 33d July, but the
"unda Were not then healed, and he was an out-
patient. • •
The cross-examination of the witnesses was founded
upon the evidence given by the defendants on the
former trial—to the effect that,.Brady in the first
instance civilly asked the parties, who had been
drinking and were making a noise in the street at
an advanced hour of the morning, to go home ; 1