Star.
London, England, 1817-05-14 00:00:00

IUtUTAL ASSAULT.

Mr. BENNET presented a Petition on a subject,
i/rich, he said, affected the administration of justice
in this country. It was the P. titian of Thomas Gtif
nibs, a stationer of character and respectability in
Oxford-street. It would be recollected fiom the ac•
counts in the Public Papers. that a person styling
himself Captain Hay. or Hoy, hired lodgings in the
petitioner's house. The Captain, affecting great in-
-Iciest in the affairs of the petitioner, called at his
house in tkcember last, and committkd a gross and
violent assault on the petitioner's wile, who was preg-
nant at the time, and to whom it was productive of
alarming consequences. The petitioner took the pro-
per legal steps, and an indictment .0 a the offence
came on to be tlizd in February at the Clerkenwell
Sessions. When the defendant Was put on the trial,
to the astonishment of the Cram, the defence set Or
WAlt 411 aid,. The defendant brought forward a
young Lit I, his set vant, who Wel% 110Otell Out Of Court
for her revaticat ton ; and' their was a coach-maker
produced who swore the defendant was in another
place at the tiaae the offence was committed. After
the ui 41 had been gone tot ()ugh, the Jury immediaxely
returned a verdict of Guilty, ani the Chairman said,
in the whole couise of Ins experience he had not
known an offence more clearly made out, and was
shocked at the attempts that had been made to meet
it by perjury. Iu passing sentence on the defendant,
he said, the Court thought it right to make an exam-
pie of him, and accordins;ly sentenced him to twelve
months' imprisonment in the H use of Correction,
and a fine of £29. The Chairman, at the same time,.
hoped the petitioner nould prosecute the witnesses
tor perjury, which he had done, and they were now
sufferiug the punishment of their crime. In the se-
quel, however, Hoy was imprisoned in the apart-
ments of the Governor of the House of Correction,
as, being a rich man, he could afford to purchase such
accommodation; when, at the end of a fortnight, the
Court of Sessions, before they rose, discharged the
prisoner--(Hear, hear.) The petitioner, by his peti.
Lion, complained, that he had in vain appealed to the
laws of his country against a :ids man ; and after two
expensive prouctitions, one of which was at the re-
commendation of the Court, the man who had cut-
raged the sanctity of his house was parading in tri.
(mph before his door—(stew, mar.) one honour-
able Member said, it was his intention to move, that
the petition do lie on the table, and afterwards to make
a motion for a copy ,ot the order for the prisoner's
discharge—(Hear, hear, 4.4 r.)
Mr. BRAGGE BATHURST said, that if there
was no mistake with regard to the facts, there could
be no difference in opinion upon them, as they were
stated—(Hear, Hear.) It certainly could not be le-
gal for the Magistrates themselves to annul a sentence
which had been pronounced—(Hear.) And if they
had done so, he must suggest, that the party had a
remedy in the Courts below—(Bear.)
Mr. BENNET replied, he had offered the same
suggestion, but there were difficulties thrown in the
way of that course of proceeding. A copy of the
order of discharge had been refused, upon applica-
tion for it.

Mr. GOOCH said, he knew something of the per.
son who had been indicted, and he could say thitt he
was not rich, nor was he a Captain, he believed.
Mr. BROUGHAM contended, that alter sentence
had been passed, nothing bat a pardon from the
Crown could legally release the prisoner.
The petition was then ordered to lie on the table.