The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-12
GALLANTRIES OF ENGLISH JOURNALISTS.
Assault on the Managing Editor OF the Lon
don Times.

don Times.
MDDLEsEX COURT OF SESSIONS.
LONDON, Dec. 23.-Mr. Thomas William Capron sur
rendered to his trial upon indictment charging him
with assaulting MIR. Mowbray Morris The indictment
Mr. Sereant Balantne and Mr. Giard were counsel fol
the prosecution; Mr. Montagu Chambers, O. G., and Mr.
Metcae were for the defence.
Mr. Baanne, in opening the case, said the prosecution
instituted against the defendant for assaung and in
ictng upon the prosecutor greyous bodily harm; and i
would be his duty TO aybeore them the by
which the investigation surrounded. The fact OF the
assault itself was without answer--it was admitted by
the defendant bimse and he would proceed to say that
the prosecutor was gentleman Of their profession bar
rster but for many avocatons Of different nature
years ago he became acquainted with the defendant who
was then fellow student in the Temple In 1857
their acquaintance was renewed, after the lapse
OF some time, and continued down to October IN
the Same year. There circumstances in the
case which would be painful and difficult to in
vestgate but he should not shrink in the least from the
fullest inquiry II was thought necessary 10 import them
into the case, which substantially was thisDd the de-
endan or did he not assault the prosecutor 1t appear
ed that the latter "a wdower engaged to be married
on the 9th Of November, and this having come to the
knowledge of the defendant the latter thought lit to re-
sort TO course OF conduct for which no Justification wha
could be suggested Upon the evidence there
was nconcstible proof of assault but it would be idle
10 shut their eyes the fact that circumstances which oc
five years ago related to the attack made upon Mr.
Morris by Mr. Capron Those circumstances had nothing
do With the issue here and Mr. Capron thought those
matters afforded him ground of complaint against Mr.
Morris or afforded him any Justification for the lawless
and brutal outrage which he committed on Mr. Morris,
why had he allowed five years to eapse without institut
ing proceedings in competent court OF justice, to
avail himself Of any remedy he might think the law
entitled him TOT Ii was hardly behevabe that it
to be brought up now. 1t was impossible TO con-
ceve that Mr.. Morris not to be protected by the
law from what he would again designate as lawless,
base and cowardly outrage 1t would be an attempt
to njure Mr. Morris by collateral means would be
suing dishonorabe course of proceeding, but If his
learned friend thought fl to introduce such TOPICS he on
the part of Mr. Mowbray Morris should insist upon full
and rigid investigation into the whole OF the painful mat
ters in question in which Mr.. Morris had acted as an
honorable q
way that could in the least convey reproach upon his
moral character However he once more protested
against their being made the subject Of discussion in
case which was in itself but question OF assault; but If
they were entered upon they must be thoroughly sied,
however painful the inquiry would then become.
James Ellis, examined by Mr.. Giifard-I am a police
constable 255 b. the night of November was duty
Buckingham gate half past O'Clock two cabs
drove up to No Is James street gentleman getou
of the first cab and MIR Capron got out instantly from
the second cab; | saw the defendant make rush on
to Mr.. Morris, the gentleman who got out of the first
cab; he struck him the head and shoulders with
light walking stick; Mr. Morris was taking pic
ture out of the cab at the time; | ran up and got
between them and laid hold OF Mr. Capron to pre-
any further assault; Mr. Morris said, 'Takc him
away he is mad, he is drunk Mr.. Morris then said
would give him custody then Mr. Capron got into
his cab and the complainant came up and asked me to
take Mr. Caprons name and address; Mr. Capron then
tried to strike Mr. Morris again Mr. Morris then sail he
would give Mr Capron into custody and took him to the
station house, at the station house he said 81 have given
him a thrashDg before and hope have given him
black eye TO 20 church with in the morning. Mr. Ca
prom detained for hour and Mr.. Morris did
come he was let Mr. Morris came ten minutes after
wards.
Cross examined by Mr.. NJ. Characteristic Morris came
accompanied by a gentleman; attended at the police
Office week after, and did not Mr.. Morris there
Mr. Humphreys, the solicitor, there; did Mr.
Capron there; was not examined; the summons
taken out in my presence on my complaint that had
seen an assault committed l was there afterwards,
when Mr.. Morris ana Mr.. Capron came; that a
week after; Mr.. Morris was there, but was not ex
amned; recollect Mr.. Capron being bound
bail; l hound over to prosecute Mr.. Morris
had the picture under his right arm, and as soon
hat ,fctnr that fr
striking at Mr.. Capron and interposed having
parated Them heard expressions that he mad that
he drunk; Mr. Capron had not got into the cab when
MIR Morris said he would not give him into custody Mr.
Morris wished to take Mr. Caprons name and address,
but instead Of doing Mr.. Capron tried to strike Mr.
Morris, and then took him into custody.
Reexamined-Mr. Morris was taking the picture out of
the cab when he was first struck by Mr. Capron Mr. Nor
ris had said nothing.
By the Court did not see any woman at all.
William Turner, 81 High street, Marylebone-I am
cab driver Mr. Capron the night of the 9Th of
November took him up in the Bayswater road, and
went TO Chester square; gentleman was in the cab until
got Chester square; young lady spoke Mr. Cspron
and walked away with the lady they returned in about
ten minutes and they got into my cab another cab came
past and Mr. Capron to me to follow that cab saw the
the other cab get out, and he got Mr.
Capron strike him with the stick
William Gibbons, examined by Mr.. H. Gifard-I am
cabman the 9th OF May drove Ar. Norris to James
street. Buckingham gate afterwards drove him to Eaton
made some inquiries; when Mr.. Morris came out the
gone then drove to James street, and saw
other cab following then saw woman get out of Mr.
Caprons cab and TO the iron railing opposte TO the
best Of my belief she the person who spoke to
while was waiting for Mr.. Norris Mr.. Morris got out
of the cab with something in his hand and then Mr. Ca
prom struck him with a stick; he lifting picture
Cross examined-Ie picture dropped from Mr.. Morris's
hand when he was struck
Mr.. Mowbray Morris was then called into the box The
assault taken proved and he was not examined in
chief.
at first refused to give Mr. Capron INTO custody but he
afterwards taken into custody by the policeman then
the brother of the lady to whom to be
narriedon the following day am barrster and prac
sed at Jamaica; knew Mr. Capron some years ago. as
studen, in the Temple in 1861 don't know for certain,
but believe about that tme-our acquaintance re.
pewed and he invited TO his house. ana introduced
me 10 Mrs. Capron; be went out hunting with me.
The Assistant Judge-This is objected TO; but Mr..
Chambers ask what relevancy this has to the
of ASSAULT
After some discussion as TO withdrawing the two first
counts of the Indictment the examination proceeded.
Wtness--I invited him to hunt with me- believe did
not say that was 10 cement our union IT was arranged
that Mrs Morris and Mrs Capron should exchange visits
in the year following the renewal of acquaintance
dineG together perhaps half dozen times, irrespective Of
his visits the country sent them opera boxes,
and also for the French and German plays, and
sonals perhaps down to June in that year sent Mrs
Capron bouquets Of morning.
SERGEANT Ballantine did not at all object 10 these mat
ers Of five years being fully gone into but he thought
right TO say that he should have TO produce documents
and alude to circumstances OF truly painful nature
After some discussion the learned SERGEANT said
he would not at all object let go on, and the result
would show whose feelings he most anxious spare
Wtnees-I may have sent bouquets when Mr.. Capron
out, but did know whether Mr.. Capron
from home or not when visited did not know whether
Mr. Capron out not; did not In june 1858, stay
alone with Mrs Capron in the drawing room, TWO, three
four hours at time, but in the summer Of that year
do not know the tmeI frequently visited Mrs. Capron
and her alone; wish TO speak accurately, and TO
give every information required, but cannot speak with
exactness OF which occurred five years ago.
In general shown up stairs and might have remained two
hours at time; did not to the best OF my recolec
ton, send any letters TO Mrs Capron under cover to
Bass; do not remember anything of the kind; Mr. ca
prons house in South street, hrosvenor square, In
July met Mrs Capron in the park sho did not ride down
TO the boat house in my carriage we went down TO the
boat house, and rowed on the serpentne; went TO the
Star and Garter Richmond with Mrs Capron;
not that returned at ten O'Clock al night took MIS-
Capron to the Beuah spa Hotel but do recoectlt
the day met her the park took her 10 Thames Dton
and dned at inn the side Of the also
her to the Trafalgar at Greenwich might have return
ed about ten at night late twelve; Mr.. Capron
out of town the LIST of August cannot say whether
went out with Mrs Capron that night don't recolect
whether the 81 OF August took Mrs. Clpron To the
theatre but admit that did take her to the theatre
don't know that Mr. Capron out Of town; DO not
J;,,,. NJ md Me- .fcplar