The Sun.
London, England, 1842-10-26 00:00:00

gest that the defendants should repasr the damage they
had done to the gates, and should enter into their own
recognisances to keep the peace.
Mr. BALLANTINE, on the part of the defendants,
Myers, could not consent. The case must go on ; his
instructions were very strong upon the subject.
The defendants, Myers, claimed a right of way
through the premises, and, therefore considered they
were justified in removing the gates.
The RECORDER—Even that would not justify the
violence made use of with pickaxes at seven o'clock in
the morning. If I had had any idea of the nature of
the case, I would not have taken it until the last
day of the session. It is shameful that when there
are so many important cases the time of the Court at
this period of the session should be occupied by such
a trumpery case as. this.
Mr. BALLANTINE, however, still refused to accede
to the terms proposed, and the case proceeded.
Several witnesses all workmen in Adams' factory,
corroborated the evidence of Perry, as to the breaking
in of the gates by Myers, the assault on Adams, and
the subsequent scuffle. They all swore that the arrest
of Adams was not effected.
The Sheriff's officer, on being recalled, said that
previous to the 4th of August he had seen the defen-
dant Finney, at whose suit the writ against Adams
had been issued, and that Finney had told him there
was no man so likely to lay a trap for taking Adams
as Myers, because he had an enmity against him.
The case for the prosecution being closed,
John White was recalled by Mr. BALLANTINE, and
swore that he arrested a person who was pointed out
to him by Myers as Adams ; that he called for assist-
ance ; and that Joseph Myers came up and assisted
him ; and that it was not until then that Joseph Myers
attacked Adams.
Mr. BODKIN—Let Mr. Adams stand up. Now,
Mr. White, was that the person you arrested ? Wit-
ness—l cannot swear that it was. I never saw him
before, and he was then in his shirt sleeves.
By the RECORDER—I was ordered to go to Myers'
on the morning in question. I was told they would
point out Adams-to me. I did not know there was a
gate to be broken open.
Augustus Dolly re-called by the REcounea—l was
instructed to go to Myers' house on the occasion in
question, and Myers said he would point Adams out
to White.
The RECORDER—HOW was it represented to you
by Myers that he would draw Adams out of his hid-
ing place ? Witness—Myers said he was going on
his own premises.
The RECORDER—What did you understand the
pickaxe was for ? Witness—l did not know, and I
did not ask.
The witness Adams was re- called and cross-examined
by Mr. Ballantine at great length. From the course
of the cross-examination it appeared that long before
these transactions there had been an ill-feeling between
Myers and Adams.
Mr. BALLANTINN addressed the Jury for the defen-
dant Myers.
The RECORDER, in summing up, told the Jury that
there was no evidence against Finney and Daniels,
and that' the question they would have to consider
would be how far the evidence affected Morris
Myers, Joseph Myers, and Abraham Cohen.
The Jury, after a short deliberation, acquitted
Finney, Daniels, and Cohen, and found Morris Myers
and Joseoh Myers Guilty of a common assault.
Mr. CLARKSON, on the part of the prosecution ex-
pressed his willingness to accede to the terms which
had been suggeste by the Court in the early part of
the day. If the defendants would pay the expenses of
the damage done, and enter into their own recogni-
zances to keep the peace towards Mr. Adams, he
would not press for any punishment.
The prosecutor stated that the expense of repairing
the damage would be about 51.
The RECORDER, after commenting severely on the
conduct of the Myers', sentenced each of them to
pay a fine of 51., with liberty to speak to the prose-
cutor ; and ordered that they should enter into their
recognisances in 1001. each tokeep the peace two years.
CHARGE OF PERJURY.— William Smith was in-
dicted for wilful and corrupt perjury. He pleaded
Not Guilty.
Mr. THOMAS opened the case for the prosecution,
and stated that the alleged perjury had been commit-
ted at the Police Court at Wandsworth, by the de-
fendant, on the 2d September last, on the hearing of
an information exhibited by defendant against John
Dark Lyons, before T. Paynter, Esq., the presiding
Magistrate in that Court. Having concluded his ad-
dress, the Learned Counsel called
John Dark Lyons.-1 was at the Swan Inn, at
Wandsworth, on 3d August. There was a coachman
there. I had a summons in my pocket for an assault
on defendant. I showed it to the coachman, and
asked him to read it for me. Defendant was there,
and wanted to get the summons from the coachman,
but the coachman gave it back to me. I was smoking
my pipe: Defendant annoyed me, by striking my
pipe with a little stick. He begged my pardon. I
never, at any time during the evening, dangled the
summons in his face, and offered to fight him.
On the 6th of September 'I went to the police-court
at Wandsworth, in answer to the summons. De-
fendant then swore that I pulled the summons out
of my pocket, and shook it over his head, and
d—d him and Paynter too. I never said any such
thing. He said he was not in the room half-an-
hour, and that I threw him out of an omnibus ;
and that was pretty well all he said. The Magistrate
made no answer about it.
Cross-examined by Mr. CLARKSON--I was fined
40s. for assaulting defendant. lam a baker, and
was a tenant of the defendant's. Ido not owe him
rent. He has brought an action against me for
borrowed money, but I owe him none. 1 borrowed
501. of him once, and paid him. I gave him an
1.0. U. I got it back and burnt it long ago.
Mr. CLARKSON (producing an 1.0. U. for 33/.)—
Is that your writing ? Witness—lt is, but it ought
to have been burnt long ago.
Mr. CLARKSON—You are a baker. Da you ex-
hibit nothing else in your shop but bread ? NVitness
—Yes, halters.—(A laugh.)
Mr. CLARKSON—HOW long after the hearing of
this summons did you exhibit this bill (a scur-
rilous bill) in your shop window in a I
halter? Witness—About a month after. I have
carried about a halter in my pocket. I did
not hold it up to Mr. Smith, I held it to a gas-pipe.
Mr.'SYlvester is my attorney, he is not here. His
clerk, Mr King, is.
Mr. CLARKSON—Did not King tell you that you
might carry a halter in your pocket if you liked-?
The witness, after a deal of pressing, refused to swear
that he did not. The handbill produced (a bill re-
flecting 'on defendant) was printed by my orders.
The printer was J. Head, facing the Spread Eagle,
Wandsworth. I meant it to annoy Smith, because of
his treatment of me. When , Smith came into the
public-house, I hung up the halter. I might have
said that Smith deserved to be hung more . than
Good the murderer. On the 14th July both Mr.-
Smith and I were bound over to keep the peace.
On the 29th of August I was in an omnibus. It
was very wet. I saw Smith upon the box. I said
you have got that man on the box. Mr. Smith en-
deavoured to get into the omnibus. I shut the door,
and I pushed him out. I said before the Magistrate
that I had a mortgage on the omnibus, and that,
therefore, I shut Mr. Smith out. I did it because I
raidhe
atwo theul hearingdquarrelwiththemem.
aglistdraotneotsraeid-
cwoas afraid
whether
that what had occurred at the Swan had nothing to
d. with the matter.
Mr. CL.AnKsox—And yet my Learned Friend asks
you to testify to the words used by Mr. Smith on
that occasion. On your oath have you not held up
your finger to Mr. Smith since this indictment has
been found, and said to him publicly, "You shall be
tried in the dock at the Old Bailey for perjury?"'
The witness, after a great deal of hesitation and
pressing by the CounT,' admitted that he had made
use of the language referred. to.
The cross-examination was continued at great
length, and during the course of it, it appeared
that the prosecutor had adopted every possible means
to annoy defendant, and that on the hearing of the
case before the Magistrate Mr. Smith's professional
adviser had said, all he wanted was peace, and that if
witness would give security to keep the peace the
charge would not be pressed ; but Mr. Paynter would
not permit it to be settled in that manner. He was
again pressed about his consulting- King as to the le-
gality or illegality of exhibiting halters, and at length
admitted that King might have said there was no
harm in it.
In answer to the COURT he said that there was no
printer's name to the bill when delivered to him, and
that he could not tell why the printer's name had been
omitted.
Mr. Fletcher, the Clerk to the Magistrates, pro-
duced the depositions, and said that Mr. Paynter had
directed all relating to the Swan public-house to be
struck out as immaterial. Mr. Smith is a gentleman
of independence, but too fond of frequenting public-
houses.
A person named Butler, an omnibus driver, who
was present at the Swan on the occasion in question,
deposed that Lyons took the summons from Es pocket,
handed it to the coachman, returned it to his pocket,
and did nothing more.
fetched Lyons cross-examination he denied that he had
to the Swan when -Smith was there, or
that he lad handled the halters in Lyons' shop. Lyons
had desired him to be in attendance when the hearing
came on before the Magistrate. He had seen nothing
of the assault, and could not tell why Lyons desired
him to be there. • •
• By the COURT—Lyons ;did not say.that there was
any part of the summons lie could' not read. The
coachman read a part of it
W. B. -Linfield, who was also present at' the Swan,
saw Lyons give the summons to the coachman. The
coachman did not read it aloud. Synth tapped Lyons'
pipe, and they had some angry
words. Witness
could not swear that there war uothiag
said about
fighting.