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London, England, 1850-03-07 00:00:00

N°.17,925.] LONDON, THURSDAY EVENIG SUN MARCH 7, 1850.

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A SEIZE INTELLIGENCE.

WESTE RN CI 1?CO 1T Winchester, March 6

CROWN COURT.—(B fore Mr. Justice TAL
FOURD)

Edward Henry Simmonds Was indicted for theman-
slaughter of Eliz ibeth Biggs.
There were eight counts in the indictment, which
charged him in different ways with the duty of re-
Ii- the poor nt Southampton, and with having
unlax fully and feloniously neglected and refused to
tdminister reLef to one Dizsbeth Biggs, a pauri.r, in
urgent reed of shelter and food, whereby she died of
cold and starvation. The prisoner having demurred
to the indictment, and the Crown joined issue on the
demurrer,
Mr. S sunders sand Mr. Phinn, who appeared for
the prisoner, were heard in snpport of the demurrer,
and Mr. Sewull and Mr. Prideaux, who conducted
the prosecute m, in support of the indictment. Ulti-
mately, by arrang,ment, judgment was given for the
Crown upon all the counts, and the prisoner pleaded

not guilty, with liberty to take up the indictment to
the New Court cf Criminal Appeal, if he should be
advised to pursue that course, in preference to bring-
ing a writ of error.
Mr. SEWELL opened the case to the jury. He said
the charge against the prisoner was, that being a
visiting officer of the Southampton Union, under a
local Act regulating the management of the poor
there, he neglected and refused to admit a roor wo-
man into the workhouse, and to give her anything to
eat and drink, although she was in a wretched state
from cold and starvation, and had been ordered by
the medical officer of the union to admit her at once.
The poor woman had been ill for some time, but had
recovered from the disease, though still debilitated
from its effects. On Friday, the 23d of December,
Mr. Cooper, one of the medical officers of the union,

finding her very exhausted and debilitated from the

effects of cold and want of food, wrote an order to
the prisoner, desiring him to admit her at once into
the workhouse, as she was utterly destitute, and in
want of immediate food. She went to the poor-
house with the order, having an illegitimate child
with her, about two years old. Whilst waiting
in the committee-room, the miserable state of
the poor woman and her child excited
so much sympathy from some women who were
waiting for relief, that one gave up her place by the
fire to her, and another went and begged a piece of
bread for them, and they both allowed her to go
into the board-room first. Simmonds was in the

board-room, and these women overheard what passed
between him and Biggs. The poor woman came out
crying, and was put into the tramp house, a cold and
miserable place, without any fire, light, or other com-
forts. Nothing was given her to eat, and although
Mr. Simmonds afterwards gave her an order for a
bed at a lodging-house in the town, he refused to
relieve her with anything to eat. She went to Mrs.
Beaujohn's, where she passed the night, and next
day tried to get into the workhouse again, but was
refused. Her sister, who had shown her every kind-
ness, got her a lodging for the next night; but was
so poor and destitute herself, that she could do no
more for her. The next morning she died, and Mr.
Cooper would prove that there could be no doubt that
she died of cold and starvation.
The first witness called was William Bolton Girdle-
ston—l was clerk to the Southampton Board of
Guardians in December. I produce the journal book
of the Board ; it contains the minutes of the pro-
ceedings. There is an entry of the appointment of the
prisoner as visiting officer, at a salary of 701. per an-
num. The appointment was on the Bth of July, 1848.
The medical officer sometimes made orders for relief.
I have heard the guardians give directions to the pri-
goner on the subject. He formerly had a discretion
on the subject of those orders, but subsequently the
guardians ordered him always to attend to such orders
at once. If it was a case of urgent necessity, he had
the power to admit to the house. He had authority
in all cases of urgent necessity at once to admit to the
house.

By the JUDGE—The prisoner did not reside at the
workhouse. The master of the workhouse would
admit in a case of urgent necessity in the absence
of the relieving officer without an order. The re-

lieving officer is the proper person to apply to for
an order.

Ann Biggs—l had a sister called Elia tbeth. On
the Friday before Christmas-day I went with her to
Mr. Cooper's, the surgeon. She was ill. She had
no where to go i had no means of getting anything
or any lodging. Mr. Cooper gave her a paper, and
directed her to take it to Mr. Sitnmonds, down at the
workhouse. It was about four o'clock. I left her
with him. This was about a quarter of a mile from
Simmonds's house. My sister could not walk without
assistance. I saw no more of her until the evening.
It was very cold weather. When I saw her she had
her infant in her arms. It was crying.
She went into a shop, and I read a paper she had with
her ; on it was written, " One night's lodging, Mrs.
Beaujohn, Blue Anchor-lane." I saw my sister the
next day in Silkshop•yard. She was crying for the
cold and with hunger, and asked what she should do?
I said " I could not help her, as I had nothing to
help myself." We went to the workhouse. We were
two hours going. It was not quite a quarter of a
mile. We applied for her to be taken in. She was
not taken in. We afterwards went to Mr. Duseau-
troy's, the surgeon. He was not at home. I tried
to take her to the mayor's, but she could not go so
far. I burrowed twopence, and gave it to her for ber
lodging. I took her to Mrs. Davis's lodging-house,
and left her there I saw her the next day. She
was very ill, but knew me. She threw up a large
quantity of blood. My brother went to Mr. Cooper's
and got some medicine. She told me she was dying
soon after. I tried to give her the medicine. She
could not take it. Mr. Copper came soon after. A►n
hour after she died. She had nothing to eat on Sa-
turday or Sunday. A day or two :before she com-
plained of hunger and cold. She said hunger brought
her so weak she could scarce move.

Cross-examined—She had been in Southampton
about a year. She did a little needlework, and walked
the streets. She had passed by the name of Harris,
and also the child. I have seen a man named Harris.

11. was the father of the child.
By the JUDGE —The child was two years old. It
could not walk. She was in the family way. Harris
was in Southampton at that time. She had asked him
for relief. HI would not give her anything—not one
farthing. _ _

George Biggs—l went with my sister to Mr.
Cooper's on the Friday before Christmas-day. This
witness corroborated the evidence of his sister.

Cross examined—My sister generally went by the
name of Harris, and so did the child. I lodged with
her at Murray's. She had been very bad for three
months ; worse for a fortnight before this. The doctor
attended her. I used to go to the poorhouse for her,
and ask for relief for Elizabeth Ilirris and her child.

I used to get a shilling and a loaf. I went in before
the guardians. In the week I used to get sixpenny-
worth of groceries and a loaf. This was for three
months. She got worse all this time. I had gone to
the poorhouse on the Monday before the Friday, or
the Monday before that, when I only got sixpence
and a loaf; instead of a shilling. Mr. Cooper said at
the board that she was getting better. It was either
that, or that it was blowed about that my other sister
had 30s. a week coming in. But I only got sixpence.
lam sixteen. Mrs. Beaujohn gave her some tea and
bread and butter on the Thursday before the Friday.
She drank the tea, hut could not eat the bread and
butter.

Re-examined--Neither of my sisters had 30s. a
week. We had no means of helping her. Mr.
Cooper was kind to her. _ _ _

By the JUDGE—She paid threepence a night for a
lodging. I shared her loaf when she pleased to give
me any.
Louisa Biles—l live in Blue Anchor-yard, and
knew the deceased. On the 21st of December, the
FL i lay before Christmas-day, I went to the work-
house for relief. Elizabeth Biggs came there be-
tween five and six in the evening. She had her
child, and appeared very ill and very cold. I gave
her my place in the waiting-room. The baby was
crying, and I asked what was the matter ; she said
the child was crying for bread—it had only had one
piece all day. I went to the kitchen and asked the
cook for a piece of bread for the child. The cook
brought a piece and gave it to the deceased end the
baby; they both eat it directly. I also went for a
little milk and water for the child ; it drank it.
We afterwards went to the board-room. I after-
wards saw a paper in Biggs' hand; it was
blotted ; I read it, and gave it to her again. Simmonds
was in the board .room at that time, and Mr. Il'g-
gins was there. When Biggs went in she had the
pager in her hand. I heard Simmonds speak to her ;
he said, "What have you got here ?" .She made
some reply which I did not hear; she spoke so low.
lie than asked her " where she had been lodging,'
She said, "at Murray's, but that they had turned her
out of doors, and she had no where to go." He asked
her " where her husband was." She said "she had
not got one." He asked her " how she came by that
she had in her arms ?" She did not answer. lie said
" you will get nothing here but the tramp-house to-
night, and to-morrow you will take yourself off."
I have seen the tramp-house ; there is no fire there
—no beds, nothing but straw. I observed she was far
advanced in pregnancy. When she came out of the
room she was crying.

Mrs. Leak—l live at Southampton, and knew de-
I ceased. On the Friday before Christmas-day I was
at the poor-house. I saw Mrs. Biles the're. I saw
deceused coma with her child. This witness then
proceeded to corroborate the statements of the witness

Biles.
Mr. Pike—l am one of the relieving officers of the
Southampton Board of Guardians, and was in De-
cember last. 1 was at the poor-house can the morn-
ig of the 21st of December. I was on the out door
business. My attention was called to a woman,
said to be ill, in the tramp-house. I toil a lantern
ar,d candle and went there. It is an enclosed build-
ing, with no fire or light. There is a ventilator in
the roof, straw on the ground, and rags for covering.
The persons put there have bread for their supper
when they are locked up. This was generally about
nine. When I got to the tramp-house I saw a
woman and child. I now know it was Elizabeth
Biggs. Simmonds was in the porter's lodge close by.
I asked the woman if she was ill; she said she was
cold and shivering. I asked her to take her child and
come to the porter's lodge, and I would send her to a
bed. She said she did not want to be moved, she
should be better soon. I recommended her to have
a bed. Simmonds wrote her an order for Beau-
john's. I don't remember her asking for relief. I
told Simmonds it would be best for him to relieve

her with bread. Ms answers-v-as,Th That she was
one of those impostors which very much abound."
She was not relieved—she went away.
Cross-examined—The hours for casual relief are

from two to four, but doctors' orders come in at all
hours. I have discretion as to giving relief. We
have a great many impostors. If I know them to be
so, I refuse relief. I did not discern that Biggs
looked ill. We have many such cases—of persons
reporting themselves ill—in the tramp-house. She
walked away with her child. The tramp-house is
used by all persons who ask for a night's lodging.
Suppose a person who had always been relieved in
one name came with an order in another name, should
you relieve P—We have no discretion as to doctors'
orders. If I had reason to think it had been impro-
perly obtained, I should use my own discretion.
Simmonds was always considered to be a humane
man to the poor.
By the JUDGE—I had no reason to think she was
very ill. I have known persons to bring two or
three orders from doctors on the same day. Then
we should refuse them.

Mr. Girdleston reCalied—Supposing a doctor's order
to have been brought on the 21st of December, it
would have been Simmond's duty to receive it, and to
file it. I searched the file soon after Bigg's death, and
found no order of Mr. Cooper's, either in the name of
Biggs or Harris.
Mrs. Spencer, servant to Mrs. Beaujohn—ln De-
cember last I remember Elizabeth Biggs coming on
the Friday before Christmas-day, with her child. She
had an order for a bed. I went upstairs with them.

She walked up as if very tired. I said, " You seem
very tired." She said, " Yes, marm, I am." She
had nothing to eat that night, or the child; she had a
drop of tea to drink. The next morning she went
away. She had no food before she went.
Cross •examined—She said she had come from Win-
chester that day.
Francis Cooper—l am a surgeon, and one of the
medical officers to the board of guardians of South-
ampton. I know Elizabeth Biggs. I remember
seeing her in December last. I had at-
tended her for influenza. She had recovered from

influenza, but the effects had remained in weak-
ness. I knew of no organic disease in her cal-
culated to produce death. I saw her on the 22d;
she seemed in a very exhausted state. She said
she was so bad she did not know what to do. She
said she had had very little to eat for four days. She
had no organic disease. I felt her . pulse, and exa•
mined her. I gave a paper to her sister, as she was
too weak to hold it. I told her sister to take her down
to the poor-house, and give a verbal message from me
that she should he taken into the poor-house imme-
diately, as it was a case of urgent necessity. The
appearances of her case were such as would have
made her state apparent, but a person might have
been deceived by candle-light as to her state. I wrote
an order in this form—" Mr. Simmonds or Mr.
Davison,—Please admit the bearer, Elizabeth Biggs,
into the house immediately, as she is in want of food,
and totally destitute." The order was blotted. She
should have been put to bed ; have had hot bottles to
her feet ; brandy and water, -beef tea,:and such fluid
food, continued until the circu'ation was restored.
At the poor-house means are provided to supply such
things. It the course I suggest had been adopted, I
believe her life would have been preserved. I was
not on duty at the house at the time. The surgeons
at the workhouse take it in turn to do duty in the
house. I saw her again on Sunday, between three
and four. I had sent her some medicine before.

When I saw her she was dying. She died just after
I left her. I had never had the misfortune to see
such a case before, nor had I any experience theoreti-
cally with such cases. I made a post mortem exa-
mination. I found the stomach inflated with

offensive gas, and walls extremely thin, with
about four _ ounces of dark or grumous

blood, and a few small grains of bread. In some
parts of the stomach the lining membrane, or mucous
membrane, was infiltered, and the coronary artery
ruptured—the child in its right position. Exter-
nally, I observed the skin covered with purplish-
coloured spots, and a secretion like dirt, which had
been poured forth by the vessels. Since that time I
have paid particular attention to cases of starvation.
In my judgment the appearances I observed were
attributable to a long deprivation of food. I think
the long-continued abstinence from food, and cold,
produced congestion, which ruptured the vessels, and
produced death by the loss of blood vomited from the
system.
Cross-examined—l had attended her three or four
months before I saw her on the 21st of December.
She had passed by the name of Harris. It was on
my advice she received relief. She was known to
the officers of the union as Elizabeth Harris. She
lived at a tramp-house, and had no ostensible mode
of getting her living. Her relief was diminished on
the 17th from is. to 6d. It was in consequence of
an anonymous note, well written, stating that she was
in the receipt of 30e. a week. I was consulted, and
I said, perhaps you had better give her only half
the money, and let the relieving-officer inquire into
the case.

Re-examined—l am sorry to be obliged to state
that in my opinion that death was
cold and starvation producing the effects I have
described. caused by

Mrs. Leak, re called—The paper I saw in the
deceased's hands when she went into the board-
room had the name of Biggs" on it. There
was " admit," and it was signed by Dr. Cooper. It
was blotted.

This was the case fir the prosecution ; and it
being now half-past nine o'clock the court adjourned.
The jury were then removed in the custody of the
sheriff to be kept together for the night.
The case was resumed the next morning, when Mr.
C. SAUNDERS addressed the jury for the prisoner, in
an able speech, contending that, on the evidence in
this case, the prisoner could not be made criminally
responsible for the death of the unfortunate woman,
even if they thought that she did meet her death by
the act of the prisoner, in not admitting her
to the poor-house. In the first place, it was not
shown by satisfactory testimony that the order of
Mr. Cooper ever came to the hands of the prisoner
so as to cast the duty on him to relieve the deceased.
But if they were satisfied on that point, still,
it was clear, from the conduct of the prisoner,
who was a man of a most excellent character for
humanity, that he acted under a mistake as to her
state, and really believed her to be an impostor. If
this was so, it was clear that he was not guilty of the
crime imputed to him ; a mistake in the discretion he
was bound to exercise in his office would not make

him criminally responsible if he acted bonciftde.---lo
doubt, if her real state had been fully known to him,
he would have at once admitted and relieved her; but
he no doubt had always known her by the name of
Harris, and her bringing an order in the name of
Biggs, if it came to his hands, must have confirmed
him in his impression that she was an impostor, and
it was clear he acted under that impression. He also
contended that it was not clearly made out that the
cause of death was attributable to starvation. It
might well have proceeded from other causes, and all
the medical evidence on the point was mere matter of
speculation.
A number of highly-respectable witnesses spoke to
the excellent character of the prisoner.
Mr. Justice TALFOURD summed up the case. It
was one of a most painful and distressing character,
for there could be no doubt whatever that this poor
girl was in a very debilitated and wretched state,
and had died in a state of extreme misery, and with-
out those comforts and solaces to which she had a
right. No doubt she had been pursuing a course of
vice and degradation, but that did not at all affect
her right to relief and consolation. The most abject
and degraded person in the realm, who had brought
his misery entirely upon himself by his own vicious
conduct, had an equal claim to relief, when plunged
in the depths of poverty and distress, with the man of
the highest virtue and morality, who might by no
fault of his own be placed in a similar situation of
suffering. Having premised.thus much, and com-

• mented somewhat severely on the injudicious act of
s the guardians in reducing the miserable pittance of
• is. a-week, which had been originally allowed the
I poor girl, to the sum of 61. per week, upon the
s authority of an anonymous letter, the Learned Judge
said that he would leave three questions to the jury—
first, whether they were satisfied that the death was
caused or accelerated by exposure to the cold and
want of food ; secondly, whether they were satisfied
that Mr. Cooper's order for admission to the work-
house ever got to the hands and knowledge of the
prisoner. If so, he was bound to obey the order
unless he had reasonable ground for believing that the
poor girl who presented it to him was not the person
for whom it was intended. The jury would, there-
fore, further inquire into this, and if they felt satisfied
of the cause of death, and that the order was presented
and came to his knowledge, and thought that he had
not bona fide believed, upon reasonable grounds that
Biggs was not the person for whom the order was in-
tended, it would, be their duty to find the prisoner guilty
on those counts which charged a disobedience to the
doctor's order. Even if they thought—and there was
really no pretence for saying so—that the poor girl
was an impostor in any other respect, that would
not justify him in disobeying the order, and free him
from criminal responsibility in consequence of the fatal
calamity which had resulted from his misconduct.
And thirdly, whether, without reference to the doc-
tor's order, they thought, from all the circumstances
of the case, that the prisoner must have known that
it was a case of urgent necessity requiring imme-
diate assistance. If the jury were of that opinion, he
(the Learned Judge) thought the prisoner was bound
to relieve her necessities at once, and would recom-
mend them to find him guilty with reference to
certain other counts in the indictment. They had
nothing to do with the validity of the indictment A
very excellent character for humanity bad been given
to the prisoner, one of the best which he had ever
heard given in a court of justice. And if the jury
had any doubt upon the fact, they would of course
give the prisoner the benefit of this character.
The jury, after a few minutes' consultation, re-
turned a verdict of Not Guilty,:and added that, in
their opinion, the prisoner left the bar without the
slightest imputation on his character.

HOME CIRCUIT, Chelmsford, March 6.

CROWN SlDE—(Before Lord Chief Justice WILDE.
John Livings, 26, was indicted for feloniously cut

Ling And wounding his wife, Susan Livings, with in-
tent to murder her. In other counts his intent was
[aid to be to do some grievous bodily harm.
Mr. Ryland prosecuted, and Mr. Parnell defended
the prisoner.

Susan Wood deposed that in September last she
lived in the same house with the prisoner and his wife,
at High Ongar. On the day named in the indict-
ment, the 10th of September, the prisoner was in the
garden with the prosecutrix, and they were engaged
in digging up potatoes, when a quarrel took place
between them, and she saw the prisoner strike his
wife a violent blow on the eye with a spade, and she
fell to the ground, and while she was in that position
the prisoner kicked her several times in the stomach.
Shortly afterwards witness saw the prosecutrix at a
cottage close by, and she observed a good deal of
blood upon her clothes.
Upon being cross-examined by Mr. PARNELL, the
witness said she was not near enough to hear what
was said before the prisoner knocked his wife down.
They frequently quarrelled on account of the prose-
cutrix having an improper intimacy with another
man. She had no doubt that a connexion of that sort
existed, because she had seen the wife of the prisoner
and the man of whom he was jealous in bed together.
The witness also said that the prisoner had always
acted as a good husband until this improper intimacy
was found out. _ _

Emma Conel, a cottager living near the prisoner,
proved that while the prosecutrix was in her house
the prisoner came there, and after making use of very
violent language, he dragged her into the road and
kicked her several times.
Mr. W. R. Gill, a surgeon at High Ongar, stated
that he was called in to examine the prosecutrix, and
he found her clothes saturated with blood, and that
she had received a very severe blow on the right eye.
She was delivered of a dead child on the 6th of
November.

MC. PARNELL, in addressing the jury fur the pri-
soner, complained that his wife bad not been called to
infirm the jury of the circumstances which bad led to
the assault upon the day in question, and he said that
in her absence they had no means of knowing what
provocation the prisoner had received at the time.
He urged upon the jury that it was perfectly clear
the prisoner had been deeply wronged by his wife,
at.d he called upon them to make allowance for the
provocation he had received, and only find him guilty
of an assault.

The Learned JUDGE having summed up, the jury,
after a very short deliberation, returned a verdict of
Guilty of a common assault, and the prisoner was
sentenced to be imprisoned and kept to hard labour
for six months.

MIDLAND ClllCUlT.—Northampton, March 6.
(Before Mr. HUMFREY, Q.C.)
Thomas Band, aged 30, labourer, was indicted
for having, on the 20th of January last, at Ali-
winkle, All Saints, in this county, feloniously cut and
wounded one William Wills, with intent to maim,
di►able, or disfigure him, onto do him some grievous
bodily harm.
_ _

Miller conducted the prosecution, and Mr.
Mellor the defence.

The prosecutor, William Will, was a keeper or
watcher, in the service of Lord Lilford, and the as-
sault was committed on him whilst in the execution of
his duty.
An attempt was made to prove an alibi, but
The Learned JUDGE told the jury very emphati-
cally, that the only question for them was, whether
or not they were satisfied as to the identity of the
prisoner as being the man spoken to by the two wit-
nesses for the prosecution; and he would entreat them
not to violate their consciences and the oaths they
had taken by finding any other verdict than that
which before God they believed to be the true one.
A verdict of Guilty, with intent to do grievous
bodily harm, was, after the lapse of some time, re-
turned; and a previous conviction for felony (stealing
fowls) having been proved against the prisoner,
The Learned JUDGE remarked, that after a long
and patient investigation, the jury had at last come
to the only conclusion that, in his judgment, they
could have arrived at • and observing upon the atro-
cious extent of the violence and recklessness of human
suffering and human life exhibited, passed upon the
prisoner the sentence of transportation for ten years.

WESTMINSTER COUNTY COURT, March 6.
(Before FRANCIS BAYLLY, Esq., ',Judge.)
GIBSON V. LORD ROBERT GROSVENOR, M.P.
This was an action brought by William Gibson, of
Grantly-villas, Clapham, against Lord Robert Gros-
venor, M.P., to recover the sum of 201. as remunera-
tion or assistance rendered to the defendant imme-
diately previous to his election for Middlesex.
Several witnesses were examined in support of the
claim, but the Court held that no case had been esta-
blished, and nousuited the plaintiff.

MIDDLESEX SESSIONS, March 6.
(Before Mr. Sergeant ADAMS and a Bench of Ma-
gistrates.)
The Court sat this morning for the disposal of cri-
minal cases.
THE LATE CASE Or CRUELTY TO A CHILD.
The grand jury came into court with a true bill
against Edward Kenealey, of -4ray's Inn, barrister-at-
law, which set forth " That he did with force and
arms commit an assault upon Edward Hyde, a child
of tender years, to wit, six years, and that he did by
means of a cord and rope hang the said child by the
neck, by fastening the said cord to a certain peg, then
and there being, and then and there did pull and strip
from off the body of the said Edward Hyde certain
clothes with which the said child was covered, so that
he was uncovered and naked ; and whilst so uncovered
did cruelly, wantonly, and unmanly,beat the said child
upon the back, shoulders, arms, wrists, legs, &c., with
other wrongs and injuries to the said Edward Hyde,
then and there, to the damage, and against the peace
of our Sovereign Lady the Queen."
Three other counts varied the offence.

This case has become familiar to the public from
the proceedings which have taken place at the
Guildhall Police-court, and which were reported at
the time.

Soon after the bill was returned, a report was ge-
neral that the defendant intended to remove the fur-
ther proceedings in the case by certiorari to a superior
court.

The prosecution will be continued by the guardians
of the West London Union.
Bober Paine, 23, was found Guilty of stealing a
handkerchief, the property of Mr. Wm. Rosenthal.
The Learned JUDGE inquired of the police-con-
stable who apprehended the prisoner whether any-
thing was known of him ?—The policeman said no-
thing was known of him except that he had been
several times summarily convicted.
The Learned JUDGE said that this was the most
amusing answer he had ever heard, with the exception
of one that he had once received, which was, that the
prisoner was summarily convicted for want of evi-
dence.—(Laughter.)

He was sentenced to six months' imprisonment, with
hard labour.

POLICE INTELLIGENCE.
WESTMINSTER.
William Jones, Thomas Belton, John Belton, and
James Griffiths, four young men, the first of whom
bore marks of having been engaged in some severe
conflie, were charged 'with the following desperate
attack upon the police :
It appeared, from the evidence of several witnes:es,
that a man named Garwood entered the house of Mr.
Sewell, the White Swan, Vauxhall-bridge-road, on
Tuesday evening, and, having refused to pay for the
liquor he had drunk, created a disturbance and as-
saulted the landlord ; upon which he was given into
the custody of Police-constable Joseph Butcher, 109
13. The latter had only proceeded a few yards with
his prisoner towards the station, when the defendant
Jones suddenly came up, armed with a large black
stick, and told him to let Garwood go, and upon his
refusing to comply Jones attacked the constable,
striking bun repeatedly on both sides of the neck
with the weapon he had in his hand, and then cud •
denly seizing him bythe legs threw him heavily upon
his back. In consequence of this Garwood got away,
and Jones endeavoured to make his escape by
running into the midst of some unfinished buildings
near the Penitentiary._ The constable, however, pur-
sued and caught him, when he and Garwood—the
latter of whom again made his appearance when he
found his friend engaged with the officer—made a
second attack upon the constable, Jones biting him
severely on the band, and.also endeavouring to inflict
an injury of a most dreadful description. A formi-
dable mob, as it was stated-by the police, of thieves
and other persons of bad character, had by this time
assembled, and discharged a volley of brickbats at
the constable, one of which; however, struck Jones
upon the back of the head, and but for the assistance
of Mr. Sewell, together with a gentleman residing in
Lupus-street, and a licensed victualler residing in
Ponsonby-terrace, fatal consequences might have en-
sued. The outrageous conduct of the mob continued
until the arrival of a sufficient body of the police, who
succeeded in apprehending the four defendants, but
were followed by a crowd of some hundreds of per-
sons to the door of the police- station in Ro•
chester-row. In consequence of the violent re-
sistance offered by the prisoners Butcher
was compelled to use his truncheon, and struck the
defendant Jones a blow on the back of his head, and
Garwood, finding that he was overpowered, effected
his escape. The evidence went clearly to prove that
the two Beltons (brothers) and Griffiths were im-
plicated in the outrageous attack upon the police.
Thomas Belton was sworn to have been the leader of
the mob, to have repeatedly incited the others to at-
tack the constable, and with his brother John to have
thrown several bricks which struck Butcher about
the loins and legs, and when Marshall, 60 B, seized
hold of one of the Beltons, Griffiths, who is the
youngest of the party, with a filthy expression, urged
those near him to split the officer's head open with a
brick, and when himself captured kicked the dicer
apprehending bim several times. Butcher complained
of the severe injuries he had received from defendants
and others, which had rendered him unfit for duty.
The whole of the defendants contradicted the state-
ments made against them, and denied their guilt.
Mr. BRODERIP having inquired of Mr. Symons,
the inspector on duty, whether the Commissioners
wished him to dispose of the case, and having received
in answer that they left the matter in the hands of
the magistrate, observed that the evidence against the
whole of the defendants was of the clearest possible
description, and he took that opportunity of informing
them that had any fatal result attended their violent
attack upon the constable they would all have been
liable to be tried for murder. The offence they had
committed called for the severest penalty of the law,
ind he therefore committed the whole of them for the
full period—one month in the House of Correction.