The Sun.
London, England, 1845-09-26 00:00:00

MIDDLESEX SESSIONS.

(Before Mr. Sergeant ADAMS, the Assistant-Judge, and a full
Bench of Magistrates.)
THE GRAND JURY,
Yesterday, upon the grand jury concluding their labours
for the present session, they intimated to the Court that it
was their opinion that their services were not at all required
in any of the cases which were sent there for trial. They
therefore begged to make a presentment to that effect.
It will be in the recollection of our readers that a similar
presentment was made by the grand jury of the preceding
session. _ _

William Bignell was indicted charged with having com-
mitted an assault upon Captain Large, the commander of the
City of Canterbury, Herne Bay steam-packet.
Sir. CLARKSON appeared to conduct the case for the prose-
cutors, the Herne Bay Steam-packet Company ; and Mr.
Wilde defended.
The defendant pleaded Guilty.
Mr. CLAnicsorr said he felt itnecessary. notwithstanding the
defendant admitted his guilt of the offence with which he
was charged, to put the Court in possession of an outline of
the circumstances of the case, in consequence of its being a
matter which materially affected the safety of th:.t portion
of her Majesty's subjects who entrusted their safety and
lives to the care of the captain of a steam-boat. In the in-
stance of the Herne Bay boats, it was a matter of notoriety
that their captains were men of first-rate character and
nautical judgment, and the captain of the City of Canter-
bury was furthermore distinguished for his extreme careful-
ness of all those who were placed under his charge. It was
not likely, then, that he would, especially when, as in the
present case, he was heavily laden with a large num-
ber of passengers, run any hazard. It appeared, how-
ever, that upon this particular voyage the City of Can-
terbury was steaming along the river at a moderate pace,
when her swell washed over the bulwarks of the defendant's
barge, whereupon he commenced a series of abuse of the most
violent description. This conduct he finished by throwing a
large piece of coal at Captain Large. The effort to injure,
however, was ineffectual, as far as respected the captain, at
whom it was aimed, but it unluckily chanced that the missile
struck the child of one of the passengers. The Company
were not actuated by any vindictive feeling against the de-
fendant, but had felt it to be a duty they owed to the public
to do all they could, not only to preserve the public from any
annoyance, but to satisfy them that, as heretofore, the pas-
sage could be made with the most perfect safety. The de •
fendant, it appeared, had pleaded guilty, and thus had ad-
mitted his offence. The Company, therefore, especially as
he had expressed his contrition for what he had done, were
not willing to press heavily against him, but would leave it
to the Court to say what punishment the defendant ought,
under all the circumstances, to be visited with.
The Learned JUDGE considered that the Company had
done not more than their duty in this case. It was necessary
that they should protect their passengers, and this prosecu-
tion had been instituted with no other object. They had, too,
evinced a proper feeling of mercy in not pressing for a heavy
punishment upon the defendant. Let that person be more
cautious in future, and not allow his apparently unruly pas-
sion to lead him into the repetition of the commission of an
offence which might, perchance, have led to results of the
most serious character. Looking at the case in all its posi-
tions, the Court were disposed to visit the defendant lightly.
The sentence therefore was, that he pay a fine of is., and
then enter into his own recognisance in the sum of 20L to keep
the peace for 12 months towards all her Majesty's subjects.
SINGULAR PROCEEDINGS.
George Jackson was indicted for keeping a house of ill-
fame.
Mr. Doane appeared for the prosecution, aad Mr. Clarkson
for the defence.

There being no evidence offered against the defendant,
The Learned JUDGE, in addressing the jury, said, it ap-
peared that the defendant held the house in question as a
trustee simply, and yet had been placed at the bar of that
Court clearly through the officious interference of a body of
persons who had denominated themselves a " Society for the
Suppression of Juvenile Prostitution." It seemed, however,
that the officers of the society did not institute the proper
preliminary inquiries ere they commenced proceedings
against any party. That such was the fact was borne out
by the present case, for they had not taken any steps
against the actual occupier in the first instance, who, if
convicted, would be properly dealt with by the Court.
He lamented that it should have gone forth to the
world that he Mad encouraged prosecutions of this de-
scription, in consequence of his having signed the requi-
site warrants consequent upon the fact of the grand jury
having found a true bill. This course he had undoubtedly
followed in this particular case, but he was bound so to do
upon the application being made to him for the issuing of the
warrant. The respective parochial authorities, in truth,
were the parties by whom these prosecutions ought to be
carried on, rather than by private societies, whose object was
not so much the benefit of the community at large as of
themselves. In the present instance it would be the duty of
the jury to acquit the defendant, for there was no evidence
against him.
Mr. Doass-E observed that, notwithstanding the parish
authorities had declined to prosecute in this case, they had
subscribed towards the funds of the society by which the pro-
ceedings were taken. Moreover, the prosecution had been
instituted with the concurrence of the clergyman of the pa-
rish wherein the house was situate.
The clergyman, who was on the bench, said he should wish
to offer a few remarks upon the case.
Mr. CLARKSON must object to any interference of this de-
scription.
The Learned JUDGE observed, that there was really no
case before the Court as against the defendant, and it would
be the better course to terminate the matter.
The clergyman did not wish to say a word against the de-
fendant, but simply to state that this house had been con-
ducted in such a way as to have become a great annoyance to
his family and the whole neighbourhood.
The jury then Acquitted the defendant.
The occupiers of the house were then indicted, but:pleaded
" Guilty."
It was then stated that the house was now given up, and
therefore
The Learned JUDGE ordered them to enter into recogni-
zances to come to receive judgment when called upon.
Abraham Belasco and Joseph Belasco, his son, were in-
dicted, charged with assaulting Israel Cohen, on the 16th of
July last.
Mr. Payne conducted the prosecution; Mr. O'Brien ap-
peared for the defendants.
The prosecutor, it appeared, was president of a Jewish
charitable society for distributing bread and coals amongst
the poor of the Israelitish community. The committee of the
Association of the Knights of the Lion, for such is its name,
projected an excursion to Richmond and Twickenham, for the
benefit of the funds, and accordingly the Laurel was engaged
to convey the company, who proceeded on their trip, and
everything went off very delightfully until the return of the
steamer in the evening, when it ran aground, and stuck in the
mud, on the Middlesex side of the Thames, near Putney-
bridge. As there were between 200 and 300 persons on board
some confusion took place, which was increased by the ex-
clamation of Capt. Reynolds that he had lost his watch. The
prosecutor, as president of the excursion, interfered,
and made himself very active for the recovery of the missing
watch, offering 5/. to any one who would restore it, as he
considered it would greatly injure the lodge if any robbery
was committed during the excursion. The party who had
the watch, observing his activity, thought it best to get rid
of it, and made an attempt to throw it overboard, but it fell
short and dropped into the engine-room, where it was picked
up and restored to Captain Reynolds. The prosecute r then
observed some persons endeavouring to get up a fight, and
two of them, not the defendants, being pointed out as bad
characters, he immediately suggested to the company, who
were chiefly ladies, that this was a proceeding got up to
afford facilities to commit robbery, and running to that part
of the vessel, he declated that as president he would suffer
no fighting there, at the same time begging the ladies to
put up their jewellery, of which they wore a great
deal, as he suspected there were thieves on board.
Relasco, who some years ago was a leading member
of the pugilistic ring, now interfered, and said they should
fight, and stood up on a seat. His son was standing on the
deck, trying to make room. The prosecutor again expressed
his determination to put a stop to this disgraceful proceeding.
The elder defendant exclaimed, " Throw him overboard."
The youger defendant immediately said, "I'll do it;" and he
at once resorted to a pugilistic manoeuvre called "butting,"
the effect of which was completely to stun the prosecutor,
who fainted, and upon reviving found himself saturated wick
blood, his face bleeding, and his nose swollen. He then re-
monstrated with the elder Belasco for suffering such conduct
in his son, at the same time threatening that he would appeal
to the law for protection. Belasco said he had 1001, to his 11.,
and they might go to law as soon as they liked.
This was the case for the prosecution.

•
Mr. O'BRIEN then addressed the jury for the defendants,
and called a number of witnesses, who deposed that before
any assault had been committed by the younger Belasco, the
prosecutor had laid hold of him by the collar; that they did
not see any blood, and that at the moment when the alleged
assault tcok place, the elder was below.
The Learned JUDGE recapitulated the evidence,
The jury at once found the defendants Guilty.
The COURT said it was a very proper verdict. There could
be no doubt about the real object of getting up the fight, but,
under all the circumstances, the defendants would not be sent
to prison. They were then sentenced to pay a fine of 10/.
to the Queen, to enter into their own recognizances in the
sum of 50i. each, with two sureties in 251., to keep the peace
for six months.

POLICE INTELLIGENCE.
GUILDHALL.

THE RESTOTATION OF ME. ALDERMAN HITGIIES'S RAIL-
WAY SCRlP.—Under the head of the above office we have re-
ferred to the alleged loss which Mr. Alderman Hughes stated
on Saturday last he had sustained, by leaving in a cab,
which he took at the corner of Bouverie-street, Fleet-street,
a packet containing a quantity of railway scrip, and other
documents connected with the various railway schemes now
in progress. At the time it was doubted whether the
worthy Alderman had really lift the documents in the
vehicle, and from what transpired yesterday that supposi-
tion was correct.

At the sitting of the Court, Inspector Chadwick, to whom
the loss was mentioned by the worthy Alderman, was in-
formed that the packet had been recovered, in fact it had
never been lost. Upon the night of the supposed loss, it ap-
pears that Mr. Alderman Hughes was on his way to attend
at the Central Criminal Court, and after the business of the
day had terminated (the parties tried being those connected
with the late railway forgeries), the conversation at the table
turned upon this important and all-engrossing subject, and
no doubt in the course of illustrating some point, the worthy
Alderman produced the packet containing the bankers' re-
ceipts for scrip, the letters of allotment, &c., which he left on
the table when the judges and those who dined retired. The
parties in attendance observed the papors, but supposing that
they related to the trials, and were mere records of the Court,
they were put amongst other papers, and this circumstance
alone led to the papers not being returned.
Upon the statement of the supposed loss appearing in the
daily papers, it was recollected that at the place where Mr.
Alderman Hughes sat a packet was found, which, upon being
sought for, was discovered to be the veritable packet, and
was forthwith restored to the worthy Alderman. It may
here be mentioned that it was extremely fortunate that he
had not taken the number of the cab in which he had been
driven home, for the poor fellow would have been found,
and, as he would have very justly denied ever seeing the
packet, but which would have been met by the extreme posi-
tiveness of the worthy Alderman, the unfortunate driver
might have passed a short time inside of a station-house.
The papers, however, having been found, all apprehensions as
to their finding their way into the hands of the gentlemen
outside of Capel-court has vanished, greatly to the satisfac..
tion of the worthy Alderman.
BOW-STREET.
ASSAULTING POLICE-CONSTABLES. - Yesterday. Thomas
Jessup, keeper of the Victoria Wine-rooms, in Catherine-street,
Strand, appeared before Mr. Hall upon two summonses that
had been issued against him at the instance of the Police
Comjnissioners, for haying, on the 16th instant, unlawfully
assaulted constables Mervme and Matthews, F division, while
in the execution of their duty.
Mr. Humphries appeared for the defendant, who pleaded
not guilty to both charges.
Constable Mervine stated that, shortly after five o'clock in
the morning, a gentleman who appeared to have received
considerable injury from the fact of his face being covered I
with blood, came to him on his beat, and complained that
he had been assaulted in the defendant's house, requesting

that he would assist him in taking the person who had done
so, and who was still in the house, into custody. In conse-
quence of such information, and what he had seen, he
knocked at the door of the defendant's house, which was
opened by a person who told him to go about his businessa,
as he could have nothing to do with any person inside the
house. Witness, however, remained a few minutes on the
steps, dunng which he saw two gentlemen admitted by the
defendant, and, on requesting that he would permit him to
tell him about the assault, he refused to listen to him, and
pushed him violently by the arm down three steps, which
would have caused him to fall in the street but for the crowd,
desiring him to go about his own business.
In cross-examination witness said that the gentleman came
to the station, as also did the defendant, who said that the
person who made his way into the house was a thief, and had
been immediately ejected. He never saw the gentleman
since, and did not know where he lived. Witness told the
inspector on duty that the defendant had assaulted him, and
he was subsequently admitted as bail for a person who had
taken his (witness's) number, in doing which he pulled his
collar, for which he took him into custody.

Mr. HALL observed, that the inspector was bound to accept
the defendant as bail, as he was known to be a person of sub-
stance, and a summons might be taken out against him i:
he had committed any assault.

Constable Mathews stated that he also had attempted to
enter the house, but was refused by the defendant, who told
him twice to go about his business, and placing his hand
against his breast, pushed him off the step, although he de-
sired him not to touch him a second time, as he was not in-
terfering in any way. There was a crowd about the door at
the time.

Mr. Humphries submitted that two more trumpery com-
plaints were never brought before a magistrate, inasmuch as
it was not pretended that the slightest injury had been sus-
tained by either of the constables. The account given by the
defendant was perfectly correct, for he said that as the man
was a thief he was ejected, with which the police had nothing
whatever to do, and which reflected much credit on the de-
fendant for the manner in which he conducted his business.
The officers had gone to the house without any authority for
entering it, for the purpose of seeking for some person that
had been represented to have committed an assault, and in so
doing they were committing a trespass, as it was not a public-
house, into which:they certainly had a right, under certain
circumstances, to enter, respectiug which he was provided
with the opinion of the first law officer of the Crown, which
he would submit to the Court.

Mr. HALL said that he never attended to any legal opinions,
but decided upon the merits of each case that might come
before him for adjudication.
Mr. Humphries said that the 65th clause of the Police Act
gave constables a power, without a warrant, to take any per-
son into custody for an aggravated assault, even if they were
not present when it was committed. The assault in question
was merely a bloody nose, and the injured man might have
obtained a summons had his object not been to cause a dis-
turbance in the house. He contended that the defendant had
a right to refuse the police to enter his house, which
was private, and had an equal right to remove them from the
steps of his door. If the Court was of a different opinion, he
considered that any fine which might be inflicted ought to be
merely nominal.

Mr. HALL said it would be quite useless to decide upon the
general question of the right that officers had to enterhouses
in which liquors were sold, for contrary opinions had been
expressed upon the subject by the niost eminent lawyers of
the day, and he was merely called upon to decide if an
assault had been proved. It was difficult to say that an
officer was not to attend to the call of an injured person be-
cause no weapon or a mutilation of his body was exhibited,
it being sufficient for the- constable, from general appear-
ances, that there were just grounds to conclude that an
aggravated assault had been committed at an unreasonable
hour of the night, when no police-court was open to obtain
a warrant. The resistance to the authorities was uncalled
for; and, confining himself to the circumstances of the case,
he could not avoid coming to the conclusion that the defen-
dant had acted rashly, by setting a bad example to the per-
sons who were present, in committing the assaults, for each
of which he should order him to pay a fine of 305., or go to
prison for fifteen days for each offence.
The fines were instantly paid, and the defendant was dis-
charged.