The Sun.
London, England, 1842-10-25 00:00:00

892 1 10

2,921 15 6

703 6 0

£51,141 6 10
The bankrupt, -having sworn tne accuracy of
these accounts, was declared to have passed his final
examination.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the RECORDER.)
CHARGE OF CUTTING AND MAIMING A SHERIFF'S
OFFICER.---Martin Hussey, aged 39, was indicted for
feloniously cutting and wounding William George
Gibbs, on the 12th of September last, with intent to
do him some grievous bodily harm. There was a
second count charging him with attempting to resist
his lawful apprehension.
The defendant pleaded not guilty.
Mr. CLARKSON, who appeared for the prosecution,
stated that the prosecutor in this case was an officer of
the Sheriff of Middlesex, who had been employed to
arrest the defendant, on a writ of capias. The defendant
resided at the Iron-gate Wharf, at Paddington, and
on the 12th September, Gibbs the
of executing the
the prosecutor, went
to defendant's house for the purpose
process, and arresting the defendant. Gibbs found
the defendant and his wife sitting together, and on
mentioning his business, defendant's wife said that
Gibbs should not arrest her husband. The officer
attempted to serve the writ and to take his prisoner,
on which defendant struck at him and struck his hat
off
t
off. then seized
round ed
him by the collar, on
which
towards the fire-
place, seized a poker, with which he struck
Gibbs across the head, inflicting a most severe wound.
Hussey's wife at the same time seizing Gibbs by the
Gdiebfbesndatn h
hair. A scuffle ensued while Gibbs was endeavour-
ing to get Hussey out, and during the scuffle Gibbs
pulled Hussey into an ad
joining room. Hussey and
his wife endeavoured to throw Gibbs down, Hus-
sey threatening to bite Gibbs' ear. off. They
got Gihbs down, aad while he was on the
floor, Hussey struck him a blow with his fist
in the eye. Gibbs then called out for assistance to a
man named James Capelton, who had accompanied
him to Hussey's house, but had remained outside. On
hearing Gibbs call out Hussey desired his wife to
shut the door to keep Capelton out. She shut
the door, which Capelton ultimately forced open.
Capelton and Gibbs then seized Hussey, who called
to his wife to bring him a knife to rip Gibbs up. The
wife did not bring the knife, and Hussey desired his
daughter to bring a hammer. She did so, but it
was taken away before Hussey could get hold of it.
With the assistance of a policeman Hussey was then
forced into a cab, and driven to the station-house,
and ultimately to Whitecross-street Prison. At the
station-house' and on the way to Whitecross-street,
in the cab, Hussey repeatedly struck the prosecutor.
The evidence of the prosecutor fully bore out the
statement of the Learned Counsel.

On his cross-examination by Mr. C. JONES, who
conducted the defence, the prosecutor admitted that
some time before he had an execution on defendant's
goods, but denied that he had ever said to defendant
tliat
forw hm
he ouild,
it f defendant
ell the attorney there was not
enouwould
dp
prisoner had
pay his fees and
possession money. Prosecutor denied that he had
hs seized w
uok him,aprrrials 1 prisoner
andne r
beforeby swore s
ea
itzin
thtehco he
le had showed prisoner
g a r untilhim.
He denied
positively that he had taken a pitchfork to break open
Hussey's door. He had never taken a pitchfork
with him at all.

..____ ...... _...
Mr. CHADWICK JONES for the prisoner, took an
objection to the second count of . the indictment, that
ddre.ssedhadlheexcjeuerd3erd
the apprehension, which the prisoner resisted, being
an arrest under a civil process, was not an appre-
hension within the meaning of the Act.
The RECORDER did not think there was much in
the objection, but he would make a note of it.
contendedAlrC.and
his
authority—had done that which he.
that JONES t
II
ti then
prosecutor addressed
had no right
to do; and that, therefore, the prisoner was jus-
tified in resisting him. He should
show by evi-
dence that the door of the prisoner's house
was bolted, and that the prosecutor, Gibbs, had ob-
tained admission by breaking the door open ; that his
entry was illegal, and that consequently the prisoner
was justified in resisting his arrest. With regard
to the injury which the prosecutor had received, the
prisoner denied that it had been inflicted by a poker.
According to the prisoner's account, Gibbs had fallen
down stairs in the scuffle, and had cut his head open
by the fall. The Learned Counsel having concluded
his address, called
Robert %Vidling, who was at Iron-gate Wharf on
the occasion in question, and who swore that he saw
Gibbs go into a stable adjoining, take a stable-
fork, and wrench open the outer door of ilus-
sey's house with it. Capelton was present, and I
could not avoid seeing what Gibbs was doing.
Witness did not hear any one call out before Capelton
went in. He saw them all three, Hussey, Gibbs, and
Capelton, tumble down the stairs together. Witness