The Sun.
London, England, 1845-09-25 00:00:00

CHARGE OF ASSAULT AGAINST
ONE OF PRINCE ALBERT'S GAMEKEEPERS.
7OWN-2IALL„ MAIDENHEAD, TUESDAY, SEPT. 23.—Fery
considerable excitement has existed for some weeks patt, in
and round Maidenhead, in consequence of a gamekeeper,
named Thomas Topp, in the service of his Royal Highness
Prince Albert, having set a ferocious dog (stated to be a
blood-hound) at a poor woman, named Wells, the wife of a
labouring man, residing in the parish of Bray, for having
gathered wood in that part of Windsor Forest in which are
the preserves ef the Prince Consort. The defendant was
summoned to appear before the Magistrates to answer the
charge on Tuesday, the 9th instant ; but the hearing of the
ewe was then postponed till to day, in consequence of the
woman, from the injuries she had received, being unable to
attend.
The sitting magistrates for the Maidenhead division of
the county of Berk's were Charles Sawyer, Esq. (in the chair),
and John llercy, Esq.; Mr. J. J. Williams, barrister-at-law,
was retained on the part of the defendant.
Upon the case being called on, all the witnesses were or-
dered out of Cour..
The information of Maria Wells, upon which the summons
was granted, averred that Thomas Topp, gamekeeper, of
Standing-hill Lodge, in the parish of Winkfield, unlawfully
assaulted her the 23d of last August, by setting a dog at he-.
The accused pleaded not guilty to the charge, by the ad-
vice of his counsel.
Maria Wells, a decent-looking woman, about thirty years
of age, upon being sworn, deposed as follows :—On the 23d rf
last month I was in that part ofethe forest which is in the
parish of Bray, with Mary Lee and Ann Lambeth. We
were picking up dry wood to light the fire with. Topp came
up to where we were, and took the wood we had collected
from us, with our cords and sacks, and told us we had no
business there. He set the dog he had with him, first on
Mary Lee and then on me. I begged and prayed fur my
life, because of the situation I was in.—(The witness was
far advanced in pregnancy.) I told him of my situation. I
said to him, "If you want to take my life away, take your
gun and shoot me at once." He dogged me until I was all
in a perspiration. I mean by this that he took hold of my
clothes and shook them, and then set the dog upon me.
That is what I mean by his dogging me. The dog bad laid
hold of my clothes, I fainted away, and he dogged me as
long as the dog would. When I got home I fainted away
three times. I was confined to my bed for a fortnight. [The
dog had bitten the witness on the hip and at the lower por-
tion of the back.]
Cross-examined by Mr. Williams—Two females were with
the, who were near enough to hear what Topp said. I had
been told once not to take the wood. When the keeper came
up I dropped the wood, and so did the other women. We
were resting when the keeper came up, and he took it from
us. We went off quickly, and then he put the dog upon us.
The 23d was on a Saturday. On the following Monday I
went to Topp's house to get his name, as he was a stranger
to me. I never told him if he gave me a sovereign I would
say nothing about it. On the following Saturday I went to
a chemist's at Windsor in a cart. I kept my bed for a fort-
night fram the Ist of September. I told Topp, when he set
the dog on me, I was in the family way. I did not know
Mr. Pearl, of Windsor, until a'gentleman of that name called
on me- He wanted to examine me, to ascertain if I was in
the family way. lie put his hands outside the clothes. I
have not had a miscarriage, as I was too far gone. I firmly
believe the child is now dead. I am between seven and •
eight months gone with child. The dog which Topp set
uprn me was a good-sized dog. I was confined to my bed
for a fortnight, and attended during that time by Mr.
Westell. My husband was here this day fortnight; I was
unable to come. The young man, Topp, called upon me,
and came into my bedroom and asked me not to go on against
him. My husband came before the magistrates this day
fortnight to say that if the defendant would pay all the ex-
penses, and fur my support while on a sick bed, I had no ob-
eetion to proceed no further.
Mr. Williams rose, and said that as the attack made by
the dog was purely accidental, the affair could now be ar-
ranged, with the permission ef the magistrates, and he
trusted they would permit it to be compromised. If Mr.
Westell's bill for medicine and attendance was not exorbitant,
ha (Mr. Williams) would agree, on the part of the young
men, to pay it. There was no animus on the part of his
client; therefore we will not atone for a wrong which we
utterly deny.
M-. Sawyer—My opinion is, that the case having gone so
for, must be proceeded with.
Mr. liercy—lt was a very awkward action on the part of
the defendant. He goes and shakes the Woman's petticeat,
and thus sets on the dog, and therefore it cannot be called an
accidental occurrence.
Mr. Williams asked if the Bench would allow the woman
to retire and speak to the defendant? It was a mode of ar
ranging similar cases allowed to be adopted frequently by
magistrates in London.
31r. Sawyer—The case has gone too far for that.
Mary Lee, a witness called by the complainant, was then
sworn. She said—l was in the forest on the 23d of August,
picking up a little bit of dry wood for firing, with Mrs.
Wells. It was in the woodland, in the open forest. Topp
crime up and said we had no business there; and told us to
ere. ty out our wood. While we were emptying out, he set
ti.e deg on me, and then on Mrs. Wells, who begged and
prayed for her life, es she was then in the family way. Topp
then cast his eye down upon her, and said, " It's a lie; she
is no more so than I am ; and if I was sure she was not so, I
would serve her worse." After Mrs. Wells told him she was
in Vie family way, he took his handkerchief off his neck and
tied it round the dog's, and set the dog on me until I got out
of the forest.
Cress-examined by Mr. Williams—l heard Mrs. Wells say
to Tow, " If you want to take away my life, in my present
situation, you had better take your gun and shoot me at
once." Tepp shook Mrs. %Vella's petticoats as high as lies
could shake them when he set the dog at her. We begged
and prayed oi him to leave us alone. I was never told by
Topp, er anybody else, not to pick up wood in the forest.
Ity Mr. liercy—l thought Topp's motive for putting his
handkerchief round the dog's neck was to prevent its biting
Mrs. Wells any more.
Mr. Williams addressed the Bench for the defendant. He
trasted justice would be done, no matter how high the rank
of his master. He considered that it was a plot and a con-
seirecy got up against his client, for, it was impossible to be-
lieve that both the witnesses had told the truth. He was
surprised at the absence of Mr. Westell, who had attended
Mrs. Wells, fur he could have proved if she were enceinte.
Mr. Pearl, surgeon, of Windsor, who had been called in as an
arbitrator, would give his evidence on this point. In guard-
iag ag inst oppression from the great, we should also equally
faguard against extortion from the weak. The affair was a
bulous piece of business altogether. The woman went to
the defendant, and told him that for a sovereign she would
settle the business. This, however, he (Mr. 'Williams) could
not prove, because his client could not be sworn. The Bench
is called upon either to dismiss the case, or inflict the lowest
fine the law allows.
Mrs. Wells here informed the magistrate that she was
firmly of opinion that the child was dead. (The woman ap-
peared to be enduring great pain.)
Mr. Williams said he should now call Mr. Pearl. As Mr.
Westell was not present, he (Mr. Williams) had no doubt
that he was afraid to submit himself to a cross-examina-
tion He (Mr. 'Williams) would contend it was a mere
accidental rencontre; and as to an assault, none had been
proved in law.
Mr. Geoffrey Pearl, surgeon, Windsor, was then sworn,
and stated as follows from a written paper he held in his
band. I saw Mrs. Wells on the 13th of this month, at her
own house. I was requested to see her by Mr. Turner
(Prince Albert's head-keeper.) She told me she was seven
months gone with child. I asked her to allow me to put my
hand upon her body. There did not appear to be any child;
or not one so large as if she had gone six or seven months.
1 asked her if she had miscarried, and she said she had not,
but that after she had been attacked by the dog she had ex-
perienced symptoms of miscarriage. It was any opinion
there were no symptoms of the kind. She said she thought
her illness was brought on by the fright. Ido not think she
is seven months gone. I should think, by the appearance
of her face, she could cot have had. the feedings she com-
plained of. Her face was not blanched. Mr. Pearl added, in
reply to a question from the complainant, " I examined you
by passing my hand round your body."
Mrs. Wells—You came to me in a very improper and un-
gentlemanly manner while I was in bed. I never allowed
him, gentlemen (addreseing the Bench), to examine me.
Mr. Pearl—lf there had been a child, I must have dis-
eovorcd it.
This being the whole of the evidence,
Ac. r. Sawyer said, in this case an assault had most un-
doubtedly been committed. That Topp was there, and had
act the dog on the woman, was very clear. It was the duty
of a servant to protect the property of his master in a legi-
tannite manner; but Topp had not so protected his master's
proper•y, but in a most illegal manner, not to be justified.
If the woman were in the family way she is liable to serious
injuty. The assault, in his opinion, was proved.
M. Hercy agreed in the opinion expressed by his brother
magistrate, that the assault had been committed by the de-
fendant's setting the dog on to the complainant. lie consi-
dered it totally out of the question to believe for one moment
that the affair was accidental.
Mr. Sawver, in giving judgment, observed that he should
view the offence of which the defendant was guilty in the
same lielit in which; he trusted, it would be viewed by Prince
Alt;ert, the defendant being in the service of his Royal High-
ness. Ile should then fore sdjudge that the defendant be
fined 21.. and that be pay the costs.
Toe flee and costs, amounting together to 21. 10e. 6d.,
were paid by the father of the defendant.
The proceedings, which occupied a considerable time,
created great interest to a crowded auditor-.

TUESDAY NIGHT'S GAZETTE.
DIVIDENDS.
At the Court of Bankruptcy, Basinghall-street.
T. F. Piper, wholesale stay manufacturer, BiEhopspte-
street. Without, Oct. 14, at two.
In the Country.

W. Bowen, grocer, Merthyr Tydvil, Oct. 14, at twelve, at
the Biistol District Court—G. Byford, wholesale grocer,
Livefpool, Oct. 15, at eleven, at the Liverpool District Court
—W. Ferster, tailor, Liverpool, Oct. 14, at the Liverpool
District Court—H. Cooke, reinter, Liverpool, Oct. 14, at
half-past twelve, at the Liverpool District Court—J. J. Brez,
tailor, Chester, Oct. 14, at twelve, at the Liverpool District
Court—J. Milne, dealer, High Crompton, Lancashire, Oct.
14, at twelve, at the Manche ter District Court—W. Nell,
ln,awer, Arciwick, Lancashire, Oct. 22, at twelve, at the
Nanchester District Court—J. Easeldcn, cotton spinner,
3'olton-le-Moors, Oct. 14, at twelve, at the Manchester Dis-
trict Court.

I2KRTIFICATES to be granted, unless cause be shown to
the contrary, on the day herein mentioned.
P. Walker, builder, Quick,set-row, New-road, Oct. 16—
T. Sims, licensed victualler, Whitechapel-road, Oct. 16—
.1. Crum, bricklayer, Woolwich, Oct. 16—F. H. Church,
surgeon, Southampton, Oct. 15—H. Prior, stationer, Sise-
3nue,'Oct. 14—J. Young, tobacconist, Bury St. Edmund's, Oct.
14—T. F. Piper, wholesale stay manufaCturer, Bishopsgate-
street Without, Oct. 14—J. Warreu, merchant, Bristol, Oct. 15—J. Bryan, chemist, Bristol, Oct. 16-4. Crabtree and W.
I;urnle'r, woollen manufacturers Tunstead, Lancashire, Oct 14—D: Parry, currier, Ruthin, Denbighshire; Oct. 14 —J.
M. Gardner, wine merchant, Liverpo-d, Oct 14—E Smith,
It. Smith, and J. Swann, provision deal Woo. ahead,
thesh:re, Oct. 14—W. H. Rawe, urrier Poeir449;eiaz. Oct. 14—
L. Lepl 3: trier, watch maker, Alfred-street, ,
weer-terrace,
st Smith-
Islington, Oct 14—W. Johnson, wine merchan_t
field, Oct. 14—W. Walters, silk mercer, Crawford-street,
Alarylebone, Oct. 14.
PARTNERSHIPS DISSOLVED.
H. Morson and T. \Vinson, West India merchants, Copt-
tall- Chambers—H. Morson, T. Winston, and J. Udall, mer-
chants, St. Cristopher's —R. Kendall and R. Hill, brown net
commis ion agents, Nottingham—H. Thompson and E.
) ickardson, ship brokers, Cowper's-court, Cornhill—D. Mg-
t iobottom and S. Housley, milliners, Chesterfield—R. Tay-
lor and W. Aburrow, druggists, Idol-lane, City—T. S. Parker
a P. Taylor, veterinary surgeons, Birkenhead—J. Apple-
ton and R. H. Bradley, surgeons, Greenwich—J. E. Pool
d C. Stevens, attorneys, Furnival's Inn—T. Chadwick and
V . Gaskill, cotton dealers, Manchester—W. Lea and B.
Ci Iy, architects, Birmingham—C. Anstice and B. Gruzelier,
Krl:;,water manufacturers, Plymouth—B. Higgs and 'F.
W;•'4ht, ironmongers, Birkenhead—J. Alcock and J. Wilson,
irvit merchants, Liverpool—B. and W. Smith, grocers,
Ne ark•upon-Trent—C. Long and F. Hale, jun., oil mer-
Obil ta, St. John's-street, West Smithfield—J. and W. Simp-
Kw, batmen, Market Weighton, Yorkshire-4 and L