The Sun. — 1865-12-06 (London, England)

EXCITING SCENE IN COURT.  Frederick Moore was indicted for violently assaulting Police-constable Ogborne, with intent to kill. The assault took place in the neighbourhood of Struttonground, Westminster. The prisoner, with other persons, was creating a disturbance after being turned out of one of the public houses on a Saturday night, and when the constable went up to take him into custody he put his hands in his pocket, and immediately after he received a violent blow from the prisoner, which caused him to fall to the ground in a senseless state. The prisoner escaped, and then it was found that the policeman had sustained the most extensive injuries, as it appeared that the man had, at the time he struck, a knuckle-duster on his hand.  Police-constable Morgan apprehended the prisoner a a fortnight after the assault, and when Ogborne was able to go to the station-house he positively identified him as the man who had assaulted him, although previous to his identification ho had changed a portion of his dress with another prisoner. The jury returned a verdict of guilty. Judge Payne asked if anything was known relative to the prisoner. One of the constables then stepped forward and said the 'prisoner had been formerly twice convicted. One of his terms of imprisonment was for 18 months, and the other three years' penal servitude, which only expired on the 17th of last month.  Mr. Payne asked Mr. Cooper, who prosecuted on the part of the Crown , whether there was not a section in an act of Parliament by which he could sentence the prisoner to three years' imprisonment ? Mr. Cooper replied that he was not aware of such a section, but the object might be obtained by sentencing the prisoner to two years' imprisonment on the first indictment, and one year on the other. Mr. Payne said he felt almost certain he had seen such a section as the one referred to. However, he should like to ask the surgeon one question, which would decide him as to the sentence he should inflict.  The divisional surgeon to the police then entered the witness box, and in answer to the judge, said he had no doubt whatever that the wound had been inflicted with some blunt instrument. He had no doubt about the matter.  The learned Judge said in that case he should give the prisoner the severest sentence the law allowed him. Society would not be damaged by the prisoner being sentenced to penal servitude ; on the contrary it would be benefited, especially as it appeared he was an old and wellknown thief, upon whom former punishment had had no effect. The previous sentence of three years' penal servitude only expired a few days ago, and now again ho stood at the dock convicted of a murderous assault. It was quite a mercy of Providence that the constable was not killed, and, under all the circumstances, he should sentence the prisoner to five years' penal servitude. The prisoner seemed momentarily surprised at the sentence, but his sister, who occupied a seat in court, immediately she heard it, shrieked out in the most Piercing and agonizing tones, "Oh, my poor brother ! Oh, my poor brother! Oh, his poor old father !" The prisoner seemed overcome by the cries of his sister, but he recovered himself in a moment, and then, as the jailor was about to remove him from the dock, he closed with him, and made a desperate struggle to escape, by jumping out of the dock. The struggle was a most exciting one for a few seconds, as the warders of the prison, who were in the court, rushed to the assistance of the jailor, but such was the desperation to which the prisoner • had worked himself up, that he resisted for some time the combined efforts of the warders. During all the time the struggle was going on, the girl kept screaming " Oh my poor brother," " Have mercy on him," " Oh don't send him away." Two or three of the constables of the different divisions, who were in attendance as witnesses, then jumped over the side of the dock, and finally the prisoner was overcome, but not subdued, as he continued to struggle during the whole of the time he was in court. As he was being conveyed down stairs ho shouted out to his sister "good bye, my girl," which seemed to increase the agony of the poor girl, who was led from the court convulsively sobbing and exclaiming "Oh my poor brother." The scene, although of comparatively but short duration, created the utmost excitement in court.