The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1849-04-24 00:00:00

ASSAULT ON TEE POLICE

Peter Duff and 111`Connochie Williams, two men of
bad character, were brought up, having pleaded guilty, to
receive sentence for an assault committed on two police-
officers at the north end of the town. In consideration of
their having served two months in prison already, the
sentence was a lenient one, namely, two months, with
hard labour.

THE CHARGE AGAINST THE WEST OF ENGLAND CO.'S

MEN.
John M'Donald and James Burns

Two men, in these;;i;-07 the West of England In-
surance Company, presented themselves for trial for an
alleged assault, committed on Ambrose Aspinall and John
Douthwaite, two men attached to the fire brigade, on the
occasion of a fire in Blackstock-street, on the 31st nit. ;
the defendants were committed by Mr. Rushton, but ten-
dered bail which was accepted. Mr. Blair was counsel
for the prosecution. The defendants retained Mr. Ser-
geant Wilkins. The clerk of the peace read the indict-
ment, which charged John M`Donald with assaulting

Ambrose Aspinalkii police-officer in the due disci

. - .
his duty, on the 31st of March last ; in a second count,
both defendants were charged with the common assault
against Ambrose Aspinall and John Douthwaite, on the
day in question.
Mr. Blair stated the case, which in substance is as
follows:--On the morning of the 31st of March, an
alarm of fire was given, which turned out to be in Ford-
street, a street leading from Vauxhall-road. One of the en-

riven to the place.
The engine was drawn up in Blackstock-street, but it
being found that it would be of more s_ervice in Fore'-3t.,
in which the premises a-e situated, it was about to be
moved into that

eines belonging

ie was d

street when, in consequence of the ap-
proach of one of the West of England engines, just as it
was turning out of the street, a collision took place, re-
sulting in the damage of the borough engine Subse-
quently s ci and-

one of the complainants, TAspinal, wa
ing on a ladder directing a branch pipe into the burning
building, through an aperture in one of the windows,
the defendant, M'Donald. pointed a jet at him on the
window, having been cautioned not to play upon that
part of the premises ; the man on the ladder, in:conse-
quence, received the water on his shoulder. The com-
plainant, Doutlivvaite, seeing this, turned M'Donald
round, so as to prevent any more of the water going upon
Aspinall, and this led to the alleged assault. Douth-
waite was knocked down by M'Donald, who was aided
by Burns, and in the scuffle the first-named man was
injured, having his ankle dislocated, &c.

Mr. Sergeant Wilkins here interposed, and pointed ou
the trifling nature of the case, which he contrasted wit]

the serious tendency for all concerned, the fact of a trial
must have, to lower their reputation with the public as
guardians of life and property. _ _ _

Mr. Blair fully adniitted tlie truth of these observations.
The Recorder was also of opinion that an amicable ad-
justment of the difference would be the proper course.
Mr. Sergeant Wilkins proposed the withdrawal of a
juror ; but the counsel on the opposite side would not
quite accede to this : he thought the right course would
he to stay proceedings at that stage, dismissing the de-
fendants under their re ognizances, and he trusted nothing
more would be heard of differences between the two bodies.
The Recorder would not assent to the proposition of
Mr. Sergeant Wilkins, and the case was allowed to proceed.
Hugh Roberts, a horse-keeper, called :—Occasionally
drives the fire engines belonging to the fire brigade. On
the evening of the 31st March lie drove an engine to a fire
in Blackstock-street. The engine was on the off side of
Blackstock-street, when he was directed to back out down
Limekiln-lane ; just as he complied with these orders, the
West of England engine drove up and backed into his
engine before he had time to back into Limekiln-lane.
Burns was driving the West of England engine: he drove
his horses in such a way that the two engines became
locked together, the engine which witness drove being
forced against the wall, and ultimately crow bars were re-

quired to separate the engines.
In cross-examination by Mr. Sergeant Wilkins, the
witness admitted he was not in the employment of the
brigade ; his master, Mr. Fletcher, being a contractor for
the supply of horses to the bmough engines, To the best
of his knowledge the West of England came in at a trot of
15 miles an hour; he had not time to tern before Burns
passed, when he did turn be took the direction of Ford-
street, up Limekiln-lane. Was at the fire a quarter of an
hour before the West of England engine came up. Burns

kept at the left side of the street, not close torthe foot-
path ; there were two feet to spare. Should consider the
width of his (witness's) engine, from axle to axle, might
be six feet.

Mr. Sergeant Wilkins himself remarked that the width
of the street at this part is not more than 12 feet 6 inches.
The West of England engine hind wheel was locked be-
tween the fore and hind wheels of witness's engine. His
engine did pass over the parapet : it was forced into that
position by the other engine. The consequence was that
the splinter-bar of the Borough engine was carried away.
Thomas Earl, a turncock, fixed the ladder to the win-
dow of the first storey of the burning premises, in Ford-
street. Douthwaite ascended the ladder. Another lad-
der was placed to the second storey, near a door. Aspinall
ascended this ladder, and broke the casement of the win-
dow. Witness then took the hose from Douthwaite. and
handed it to Aspinall, he (witness) remaining at the foot
of the ladder. At this time M'Donald, who was with the
West of England engine, charged hi; engine, and played
upon Aspinall, who was at the window with the hose.
Dowthwaite here took hold of M'Donald, and turned him
down the street. Burns, who was coming from their en-
gine, leaped upon Donthwaite's back, and, while in that
position, there were three of the West of England's men
upon him. Witness assisted his companion up, and the
latter complained of his ankle.
William Thornton, an inspector of scavengers, called.

He placed the ladder up, which Aspinall ascended. A
hammer was handed to him, and he broke about four
squares, and put the iron through the aperture, which
was at the lower part of the window. M`Donald here
came round the ladder, and pointed the branch up to the
window at which Aspinall was engaged. He held his
thumb near the muzzle of the pipe, and called out to
Aspinall to " look out," immediately allowing the water
to rush upon Aspinall's shoulders, although witness had
cautioned him previously not to operate upon that part of
the fire, saying he could not do so without wetting the
man at the window. Saw three or four men on the
ground.
By Mr. Blair.—The large ladder went on to the roof,
did not see any one ascend it. The window which he
pointed out to M'Donald to play at was on fire, and he
would have been as useful there as at the one at which
Aspinall was placed.
John M`Wade, also an inspector of scavengers, was pre-
sent, and was sent in charge of a ladder which was placed
opposite to a window on the third storey. Witness went
up another ladder with a branch hose, which he subse-
quently gave to Aspinall. Before this the latter was play-
ing into a lower window. Saw four men, three of the
West of England men, and Douthwaite, on the ground
previous to this. Two of the men were the parties
charged with the assault, the third man was unknown to
witness. Saw the West of England men playing the
branch hose at the window at which Aspinall was engaged,
but as there were only two squares broken, it was impos-
sible he could be playing into the room ; he played up to
the window, but whether with the intention of wetting
Aspinall or not, witness could not say. Witness's reason
for telling 11`Donald he could not go up a ladder, up
which he (witness) was about to ascend, was because he
considered that two branches would not play effectively
on one spot.

John Heaton, another inspector, gave evidence to the
John effect that, when M'Donald was prevented ascending
the ladder spoken of by the last witness, he (Heaton)
took his hose and pointed it to Aspinall, who was playing
at a lower window. His evidence also went to shew that
this procedure could not be effective in suppressing the
fire, and also went to corroborate the preceding testimony
as respected the assault on Douthwaite, who complained
of his ankle as soon as he got up, before the cat-head at
the top of the building.
Ambrose Aspinall, 344 in the fire brigade, gave evi-
dence also, which went merely to show that his body
occupied the whole of the aperture, the upper part of his
person being through to allow the effective operation of
the hose ; consequently any attempts made by a person
below to play into that room must be vain, so far as the
object of extinguishing the fire was concerned.
Thomas Waring, a man in the employment of the
proprietor of the premises, was called, and stated that he
saw several of the police ascend one of the ladders, and
come down again without doing anything. His account
of the fracas tallied pretty nearly with that given pre-
viously, being decisive as to M`Donald throwing Douth-
waite down, and Burns subsequently placing him self upon
the prostrate man's body. According to this witness,
Aspinall's head was not within the window at the time
he was played upon.
John M`Ginnis, a porter, who was present on the occa-
sion of the fire, was next called. Saw one of the West of
England men playing upon Aspinall ; conceived that the
latter would not have obstructed the man had he wished
to play in at the window.

John Douthwaite, serjcant of police, who appeared to
be lame, came forward to the witness-box. Like the
preceding witness, he asserted that M'Donald was playing
upon Aspinall, when he (witness) remonstrated with him,
and then turned him aside, which act was followed by the
assault.

Mary Ann Scott, a young woman living in Limekiln-
lane, corroborated the evidence as regards the playing of
water on Aspinall ; heard the crowd cry " shame.'
Robt. Hodson, an assistant of the baths in Paul-street,
called. Saw Aspinall going in through the window with a
branch hose, and saw the pipe pointed by one of the fire-
men against him, and heard cries of " shame" from the
crowd. _ _ _

At this stage, the foreman of the jury inquired if that

were the case for the prosecution, and being; answered in
the affirmative, a verdict of " not guilty" was given
instantly.

The Recorder fully concurred in the verdict, and re-
marked that the police had given their eviaence in a very
commendable manner. He reprobated the jealousy
evinced in the refusal, by some of that corps, to allow the
West of England men the use of a ladder which did not
appear to be in use, and concluded by hoping that, in
future, there would be nothing like rivalry between the
ukrties, unless it were a rivalry of energy and courage for
the preservation of life and property.
Just as the case ended, Mr. Serjeant Wilkins observed,
that there was at that moment a fire in Burlington-street,
which would give them the opportunity of illustrating
their amicable feeling towards each other.

DECISION IN THE CASE OF SUGAR PAPER.
At the conclusion of the last case, the Recorder an-
nounced his intention of giving a decision in the appeal
case brought before him some weeks since, in which Mr,
E. Casson Hindley, the extensive and well-known grocer,
was the appellant, and the Mayor of Liverpool the re-
spondent. On the return of the learned gentleman into
the court after a short absence, he proceeded with his de-
cision. He referred to the case (particulars of which
appeared in our paper at the time) by saying that a tech-
nical objection had been raised which he considered invalid ;
but perhaps as the decision was an important one, the
appellant himself would prefer the case being decided on
its merits. By the 27th section of the sth and 6th of
Wm. IV., the Weights and Measures Act. it is lawful for
any inspector, duly authorised, at ail reasunat,le times, to
enter any shop for the purpose of examining weights and
measures, and if any parties shall be found to have weights
and measures incorrect or unjust, he shall be liable to a
penalty. According to the evidence of an inspector, duly
authorised, he entered the shop of the appellant, and
found his servant in the act of weighing sugar f

pose of making it up in parcels, and observed the
scale beam. At one end was a loose bowl, intended
to receive the article to be weighed. Under this,
and upon the prongs which supported it, was a piece
of paper of the weight of five drachms ; the effect of
this was that the article weighed in the bowl would be to
the extent of 5 drachms under the proper weight ; the
scale was perfectly correct and just. The question was,
whether this paper rendered the scale an "unjust and in-
correct" weighing machine, withir nrlring • "the r.ct

of Parliament. There co,. ue nc,
of the paper caused the scale in use to

weighing-machine, and the only qu

the use that_ was made of them, was there any

Evidence was

the article which wa

An incorrect

idering

gal posi-

being weigi

;ven that with reference to sugar,
ed, there has been an
in London, Bristol.

extensive, if not universal praci.ic
Manchester, Glasgow, Liverpool
, .

a paper wrapper with t

.nd other towns, of

modity, this course was reasonable. The scat
this paper was attached was used to weigh the su

was then put into a paper

weight of 111 i. ;.tbe question th
legality of this practice or custom
seemed to him (the learned Recor
say in that case there had been
the scale. Now, before a custo
supported by law, there were mai
to be complied with ; it was not
practice and custom in common pa

If it wer

and it was

le to which
Igor, which

lawful, it

to be too much to

illegal r

lopted or

11 portant requisites
igh that it be the

Ist be a cus-

tom of great antiquity, strictly speaking,
of Richard 1., who reigned at the close
titry ; and he (the learned Recorder)
turn out that sugar was not imported
century. It was also requisite
be disputed. Now, one
dom been disputed, but it v
at some time it had not bee

requisite t

d it would
the 14th
t the custom should not

of the witnesses said it had sel-
to him that

custom should

lot quite c 1(
it was, moreover

d, though he
ncipal

any of t

were not others
purity. If it be
iresent price of

took itly-

pound of any