The Sun.
London, England, 1842-09-21 00:00:00

LAW INTELLIGENCE.

BANK RUPTCY.—(THIS DAY.)
IN RE THOMAS HUTCHINSON.
This day being appointed for the choice of assignees
under the fiat against the bankrupt, who was described
as a sugar-refiner, carrying on business in WI Gravel-
lane, Wapping, a number of cre,irorg were in at-
tenance 'to establish proofs iire-iiotts to voting. He
had fixed for some time, at St. Ives, and afterwards
carited on business in Crown-street, Finsbury, in
connection with a person named Hodens. He ap-
peared in Court under an order from the Commis-
sioner, being under a detainer in the Queen's Bench.
A long discussion ensued between the solicitors on
both sides, as to the propriety of allowing his exa-
mination to be public, the solicitor to the fiat stating
that an item of 4,0001. appeared in his balance-sheet,
in relation to his connexion with Mr. Hodgens, and
that it would, frustrate the interest of the creditors,
even if the solicitor on the other. side were allowed to
have a note of the examination.
The COURT eventually decided that the examina-
tion was to be considered private.

CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(Before Mr. Justice WIGHTMAN and Mr. Justice
CRESSWELL.)
CHARGE OF EXTORTING MONEY BY THREATS OF
11AKING AN' INFAMOUS CHARGE.—Robert alias Thos.
Addy, was indicted for feloniously. assaulting Mr.
Henry Bellamy Webb, with intent to rob him. There
was another count In the indictment, charging the
prisoner with attemping to extort money by means of
threats and menaces.
The prosecution was conducted by Mr. Clarkson
and Mr. Bodkin, and Mr. Payne defended the prisoner.
The Counsel for the prosecution called
Mr. Henry Bellamy IVebb, who stated that he re-
sided in Great Queen-street, Lincoln's Inn-fields, and
Was employed in the house of Baring Brothers. He
had been out in the eveninof the 20th of August,
and was returning home. When he came near St.
Martin's-place, the prisoner came up and accosted
',him. Witness took no notice of him. Prisoner fol-
sone
• lowed witness. Witness turned, and said to pri-
?r, for
" What the devil are you following me
, Prisoner then turned back. When wit-
ness arrived under the Piazza, in Covent-garden,
prisoner came behind him mid said, "If you don't, I
Wiwilt give you in charge for an indecent assault:'
tness did not notice any one near at the time.
Witnesii exclaimed" What !" Poner said We,
I will," and gave witness into thereustody of, a" policell-
man at the corner of St. James-street on a char of
making an indecent assault. It was Saturday night,
and witness was locked up until Monday ma
nning in
the same cell with Stringer alias Fitzgerald New-
stead, who were convicted here last Sessions of a charge
of attempting to extort money by threats of an infa-
mous nature. The prisoner did not aat Bo-
Street on the Monday morning. From the ppear
evidencwe
of the policeman it appeared that if the prisoner had ap-
peared at Bow-street that morning, he must have seen
Stringer and Newstead there. It appeared that the
prisoner had stated that he lodged in Fetter-lane, and
the person at whose house he had given his ad-
dress was examined to prove that he did not
reside there.--The clerk to the Magistrates, before
whr,rn the prisoner was taken, deposed that the pri-
soner, when asked if he wished to make any state-
,ment, said that he was subject to fits, during which
he had no knowledge of what occurred • that for six
weeks before the 20th of August he had had a series
of these fits and that it must have been during one of
these fits that he gave Mr. Webb in charge, for that
be had no recollection whatever of anything that
occurred.
Mr. PAYNE took several technical objections to the
indictment, the whole of which were overruled. The
Learned Counsel then proceeded to address the Jury
for the prisoner, and contended first, that the evidence
was insufficient to show that the prisoner had at-
tempted by threats to procure the goods or monies of
the prosecutor. The "if you don't," might allude to
a variety of things, and it was too much to call upon
the Jury to say that it meant " if you don't give me
honey.' It was impossible for the Jury to state what
was the intention, and if they could not do so they Were bound to acquit the prisoner. The Learned Coun-
sel stated distinctly that it was not his intention tocast
;by imputation on the character ofthe highly respectable
gentleman who was the prosecutor in this case ; on
• The contrary, the prisoner distinctly admitted that the
charge made was false.
• Mr. Justice WIGHTMAN, in summing up, said there
Wa no doubt whatever of the commission of an as-
sault by the prisoner on the proseCutor, but he thought
the words, " Ryon don't," were too vague to warrant
the Jury in concluding that the assault had been com-
mitted with the intent of robbing him. He recom-
mended that they should acquit the prisoner of the
felony, and convict him of a common assault.
The Jury returned a verdict of Guilty of an assault.
Mr. BODKIN—That is an assault under the statute,
not a common assault ?
• • Mr. Justice WlGHTMAN—Certainly.
.11_ Mr. PAYNE said that the prisoner had been labour-
,lg_runder insanity, and perhaps the Court would con-
. that as a mitis•ating circumstance in passing
sentence.
*:
—r. ry 'GUTMAN
the prisoner that ,in passing sentence, told
prosecutor had not heard he had had a narrow escape. The
distinctly what he had said
" If yu don't, and there being"
Jury had given him the benefit
of
previously to saying,o
some doubt as to whether his intent was to rob, th
sentence of the Court was that he that doubt. The
should be im-
prisoned in the House of Correcti
labour for twelve calendar months.o n and kept to hard
CHARGE OF ASSAULTING A POLICEMAN AFTER THE
CHARTIST MEETING IN LINCOLN'S INN-FIELDS.
Sykes King, aged 32, was indicted for assaulting
Edward Sweeney, a police-constable, and cutting and
wounding him in the head, with intent to do him
some grievous bodily harm.
The prisoner pleaded Not Guilty.
Mr. BODICIN opened the case for the prosecu
and called the following witnesses, tion,
Edmund Sweeney—I was a police-constable. On
the 19th August last I was on duty at Lonacre, at
ten o'clock at night. I saw a crowd, and
o g-bserved
that a policeman had a person in custody. The crowd
followed him, calling out "Don't let the police
take the prisoner." The crowd followed down
130w-street. I was going to the assistance of my
heather constable, when I. received a blow of a stone
or brick on my head. I was about ten yards from my
brother constable at the time. I did not see who
threw the stone. It came from the middle of the street.
down m the blow. I was taken to the station-
house in Bow-street, and the surgeon saw me. I
suffered about a fortnight from the cut in the head.
Cross-examined by Mr. BALLANTINE.—There was
Charles
crowd.
Charles James Snitch—I am a surgeon, and was
examined Called in on the night in questio seen to Sweeney. I his head, and found he had received a
contused wound, such a one as a brick or stone might
produce.
Thomas Wolf examined by Mr. CHAMBERS—I
belonged to the F division of Police. Between ten
and eleven o'clock, on the 19th of August, I
Vas in Queen-street, and saw a mob coming
from Lincoln's Inn-fields towards Long-ac
went to Bow street for assistance, and on my re-
turn I met a brother constable with a prisoner in
custody. The mob was following him, and the pri-
soner was among them hissing and yelling at the
14olice. He was pointed out to me by a gentleman.
l• took him into custody. He resisted, but I suc-
ceeded in taking him to the station-house.
Cross-examined by Mr. BALLANTINE—It was about
half the length of Bow-street from the place where
the gentleman pointed him out, to the statioiiiiicMr.
William Warner, or Warry, was the gentleman who
, pointed him out. He is here.
Mr. W. Warner—l am a basket-maker, living in
Great Alley, Long-acre. I remember hearing a dis-
turbance on the night in question, and went into
130w-street. I saw a man in custody of a policeman.
There were a great many people in the street. I saw
Sweeney knocked down by something thrown at him.
The prisoner was the man who threw it. I saw him
do it, and said it was a shame, and a mob collected
round me. I did not lose sight of the prisoner until
Wolf took him. lam sure it was him.
Cross-examined by Mr. BALLANTINE—It was two
hours after I gave him into custody that I saw him at
the station-house. I was next him when he threw.
It was a stone or brick, I cannot say wl.ich, but it was
something heavy. I could not see which it was.
I should say that this happened about half-past ten.
I did not know either Wolf or Sweeney before. Se-
veral
, People came round me, when I said that it was
a soame. They pushed me about, and asked what
odds it was to me ? I spoke first to Wolf, and said
that was the man that knocked the policeman down.
I spoke first, Wolf did not speak to me before I spoke
to him.
Mr. BALLANTINE, for the defence,; admitted that
~the prisoner had no reason to complain of
the manner in which Mr. Bodkin had conducted the case. They would recollect that on the even-
ing in question there was a large crowd collected.
been
had it in evidence that one of the witnesses had
-zs•een there through curiosity, and he hoped the Jury
'Would consider that the prisoner had been there from
the same motive. The prisoner was charged with
committingi a violent assault, and no motive had been
Mown to influence him to commit it; he was charged
With this assault solely upon the testimony of one
witness. Now it would be for them to say if at ten
o'clock at night they thought it possible for witness to
reeognisa the prisoner among a Inc b persons. With re-
gard to the resistance offered by the prisoner to his ap-
P ebension, it was just the line of conduct likely to be
adopted by .an innocent wan, apprehended upon a
charge which he felt to be untrue. He did not in-