Star.
London, England, 1823-09-10 00:00:00

MIDDLESEX SISSIONS.

At the sitting of the Court yesterday morning, Mr.
Aoot.ruos exhibited articles of the peace against
James Scot, of the parish of St. Mary-la•bonne, on
behalf of Elizabeth, his wife, whose affidavit stated
that for the last fifteen years her husband had treated
her with the greatest cruelty. She had been parted
from 114.1 since 1821, and resided in High-street,
Mary-la-bonne, where he lately came to her, and
threatenzd to stick a knife, which he held in his hand,
into her heart.

In his defence, the husband said he only went to
see his children. •
_ _ _

The CHAIRMAN asked Counsel if he would be sa-
tisfied with the defendant's own recognizance?
Mr. ADOLPHUS said that the safety of his client re-
quited that the defendant should find sureties to keep
the peace towards her.
The Co A IRMAN finally ordered the defendant to
prison until Saturday, on which day he was again to.
be brought up, and the Court would then see what
should be done with him, if he could not in the mean
time procure sureties.
.John Dory, a musician, was indicted for assaulting
Lieutenant James &Paean, a Scotch Gentleman, on
the half pay of the 18th Hussars.
Mr. WALFORD stated the prosecutor's case, and
then called
Mr. M'Bean, who swore, that in the month of June
last, being informed that the defendant was in the
house% he went down and told him to walk out. This
he refused to do, and the witness went for a stick. to
compel him to do so; but the defendant wrested it
from him, and broke it on the banister. He also
struck the witness in the mouth and face, upon
which he had him taken into custody.
Cross-examined by Mr. Prin.trrs.—Pray, Sir, did you not put
yourself in an attitudes la Cribb ?—My weapons are the weapons
of a Gentleman.
Is that the weapon of a Gentleman?—(Dlr. Phillips here pro-
duced a stick with a dagger on,the top of it)—lt is.
That's your notion, then, of a Gentleman's weapon ?—I Made
no improper use of it.
What use did you make of it ?—I only brandished it to
frighten him, and make him leave the house.
Did you brandish it within reach of striking hint?—.! did
the dirk fiew off, and he wrested the stick forcibly front me.
What took the defendant to your house do not know.
Do you not know that some of his property was in your pm-
session ?—The witness then stated that he had some of the de-
fendant's music-books, which he refused to deliver until the de-
fendant gave hint up some property which he had of his. He
originally employed him about three years ago to glee him some
lessons on the violin, at Ss. 641. a lesson; and paid him a guinea
in advance. But after two or three lessons, tint defendant went to
the country, witness having previously lent him a French fiddle.
Mr. PHII.LIIIB.—Are you sure it was not a Scotch
fiddle you gave him ? (Laughter.)
the witness went on to state, that having neither
received back his musical instruments nor the balance

of the guinea he bad advanced to the defendant, he
refused to give up the music-books, until he did so at
the suggestion of the Magistrate.
The warmth of the Lieutenant (who was nearly a
foot taller than the defendant) while under cross-exa-
mination, gave birth to much pleasantry in Court.
His sister and his female servant corroborated his
testimony ; the latter adding, that the defendant got
in over the outer gate. •
A surgeon was called, who stated that he had at-
tended the prdsecutor, whose mouth was much swollen
and hi- eye discoloured, in consequence of the assault
of the defendant. Witness ordered a fomentation of
warm water, which he usually did in cases of bruises.
Mr. PHlLLD's.—Warm water was a favourite pre-
scription with Sangrado, also--(Laughter).
After an address from Mr. Phillips in reply, the
Jury returned a verdict of guilty st and the Court
sentenced the defendant (who came here from Chester
to take his trial), to pay a fine of 3s. 4d.
Arnold id Heath was indicted for wilful and corrupt per-
jury. It appeared that the defendant had been a client
of Mr. Mowbray, an attorney, of Charlotte-street,
Blackfriars-road, who issued a writ against him for
costs created in a cause, " Heath v. Middleton."—
The writ was issued on the 6th of April, and a fur-
ther process was served on the defendant on the 6th
of June) who made an affidavit that he was from
home from early in the morning of that day until the
15th of June, whet his wife gave it to him.
Mr. Am:mews, for the defence, submitted, that the
Indictment was imperfect, because the word " from"
was omitted in that part of the indictment setting
forth the affidavit, and which stated that the defend-
ant was absent from the 6th to the 15th of June.
The COURT held the objection to be valid ; but
4 the defendant wished that the trial might proceed ;
and Mr. Thomas Job Mowbray proved, that at his in-
stance the writ was issued against the defendant.
Henry Brewer, from the office of the Clerk of the
' Rules, produced the affidavit of the debt.
Mr. Mewbray was again placed in the witnesses'
box, and stated, that a process had been served upon
the defendant on the 6th of June.

The affidavit was then read, which averred, that
the defendant was not at home from early in the
morning of the Gth to the 15th of June.
Edward Middleton, of Kennington-cross, deposed,
that he saw the defendant on the 6th ofJune, at three
o'clock in the afternoon, standing at the door next to
his awn, in Kennington-lane.
in his -cross-Examination, by Mr. ANDREWS, the
witness admitted that he was the prbsecutor in ano-
ther indictment against the defendant. He had never
had any quarrel with Heath, until he prosecuted wit-
ness for an assault, and had 611. 10s. costs to pay.
Mr ANDREWS.---." Is that the Mr. Mowbray who
advertises no cure no pay ?"
' Mr. WALFORD (who conducted the prosecution in
the absence of of Mr. Curwood, who had been re-
tained) objected to the question.
Mr. ANDREWS then handed the witness a card, and
asked, if that was a card of the terms upon which
Mr. Mowbray did business ? He also passed a paper
over, and inquired if that was a circular of Mr. Mow-
bray's office ?
Mr. WALFORO objected to the card and paper tieing
put in as evidence.
Mr. Mowbray was a third time called. He was
cross-examined by Mr. ANDaews.—He was a solici-
tor. The card and paper produced belonged to his
office. The defendant had been a client of his jn one
cause. He 'lid not undertake no cure no pay. He
was to conduct the cause against Mr. Middleton for
five pounds. Defendant had called upon him for 291.
Witness did not go to Middleton, but the latter came
to him. He became the attorney of Middleton in the
next indictment against his own client, Heath.
Mr. ADOLPHUS (who was Rot in the cause) submit-
ted, there was no averment in the indictment, and
that it was only wasting the time of the Court to
proceed with the trial.
The CHAIRMAN acquiescing, directed the Jury to
find a verdict of Not Guilty.
The defendant was then arraigned at the suit of
Middleton, for wilful and corrupt perjury, in making
an affidavit of the costs of his action against the pro-
secutor, for an assault. Among other items of money
paid to his several witnesses, there was, according to
the affidavit, a sum given to Susannah Tier, the wife
of William Tier ; but in the indictment Wm. Tier
was called •' Mr. Tier," which Mr. ANDREWS con-
tended was a fatal error.

The COURT so held it, and the defendant was ac-
quitted on the second indictment.
Joseph Lees and Thomas Cato were'placed at the
bar, charged with having assaulted Thomas Francis
and John Brandley, two of the dismounted Bow-
street patrol.
Francis being called by Mr. Anowws, swore that
on the 23d of June, about half-past twelve at night,
his partner and himself were on duty at Islington,
where they saw the prisoners pushing every respect-
able person who passed them. 'The officers followed
them, and at the end of Islington they pushed wit-
ness against a shutter. When they got near to High-
bury Barn, the prisoner Lees struck witness on the.
side of the face, and loosened one of his teeth.
Mr. PHILLIPS, for Lees, asked the witness if his
partner and him had told the prisoners they were of-
ficers ? To which he replied, that they did not, until
Cato got Brundley's staff from, hina. They conveyed
the prisoners to Islington watch-house.
Brundley confirmed the evidence of Francis ; and,
in addition, in his cross-examination, he said that he
believed he had cut Lees with his cutlass, but not
until he bad wrested his staff from him. e had not
his umbrella into the eyes of either of the pi.
They had not at first made themselves known
as officeis.

...

The Learned Counsel for the defence maintained
that the count in the indictment charging. the priso-
ners with obstructing officers in the execution of their
duty, was net made out.
The Jury found the prisoners Guilty of the assault,
and they were sentenced to pay a fine of 40s.
An elderly Gentleman, Captain Thomas Pearce, of
the Royal Navy, addressed the Court. He said, al-
though labouring under severe indisposition, he was
forced to attend this day to remind the Court, that
three years ago he had preferred an indictment against
his own brother, for a series of scandalous and foul
libels published against him (the complainant); upon
which the complainant himself interfered in his behalf,
vequestiag he might be treated leniently; and the
Couit hitt ditatikd • that the defepdant koala, enter

into his own recogn(zances, in the stim of 1001:
keep the peace towards the prosecdtor. Since then,
it turned out that the defendant, in breach of his re.
cognizance, and in despite of the obligations laid
upon him by the authority off' ti.ii Court, had been
in the habit of writing the most scandalous libels of
and concerning the complainant and Iris family, hi
the shape of newspaper paragraphs and pamphlets.
Mr. ANDRZWB explained, that Captain Pearce now
applied to the Court to bring the defendant up fei
judgment, in order to estreat his recognizances.
The COURT directed Captain Pearce to serve the
defendant with notice of corning up for kidgment ,•
and upon an affidavit that the defendant had repeated
the offence, the Court would then issue the warrant
to have him brought up in custody.