The Sun. — 1837-01-05 (London, England)

ALDERSON.) CUTTING AND MAIMING.--.John Foulkes, a German, was indicted for feloniously assaulting, wounding, and cutting Joseph Josephs, with intent to kill and murer him, in the parish of St. Martin-in-the-Fields, Westminster. The prosecutor deposed that he was a general dealer and the keeper of an accommodation-house. Mr. Baron ALDERSON said the business was most disgraceful, even though clothed in decent language. J. Josephs—On the morning of Jan. 1, he heard a noise in a room up stairs in his house, and went up to see what was the matter. When he got up stairs he saw his wife lying oe the floor bleeding. There was a girl also there, and the prisoner standing with a poker in his hand, with which he struck witness a violent blow on the head, which knocked him down. While on the floor he struck him again on the side of the head. Witness got up and tried to take the poker from him. The prisoner took up a jug, and broke it over his head. There was some further struggling, but witness was insensible to all that passed after till in the station-house, from whence he was removed to the hospital. The wife of the prosecutor, and Elizabeth Wells, gave their testimony as it appeared in the reports from Bowstreet on Tuesday—it was not worth repeating. The female calling herself Mrs. Josephs, received a severe reprimand from the Judges for keeping such a house at all, but more especially for having it open on the Sunday morning so late as three o'clock. A. policeman produced the three pieces of the poker. When he went into the room Josephs was sitting on the sofa ; the prisoner was in the act of dressing. The pri• soner said, " You wanted to take me in, and I took you in —serve you right." He made no charge of robbery against them, but said he had paid for the room, and they had no right to come in. The head part of the poker was covered with blood. Mr. Maule, the dresser at the hospital, described the wounds on Josephs' head as being contused wounds, and were severe, but not dangerous. There were several wounds on the head of Josephs which appeared to have been made with a sharp instrument, but (in answer to the Learned Judge,) they might have been made with a broken mug. The prisoner in his defence said he had stopped too late at a party, and could not get home. He accompanied the girl, and on going up stairs locked the room door. He undressed, but before he got into bed Josephs came up and burst open the door. He ordered him (prisoner), to get out, and would not even give him time to dress himself, but seized his clothes, and was going throw them out of the window. He then seized the poker, and broke some panes of glass, and called for the police. Josephs seized him, and said with an oath they would have no policemen there. He then struck him, in his own defence, and to save his property. Mr. Baron ALDERSON charged the Jury, and told them that to sustain the present indictment they must be satisfied that the assault had been committed under such circumstances, as if death had ensued they must have found the prisoner guilty of murder. He did not think there would be much difficulty in this case in coming to a conclusion. They must look carefully at all the circumstances, and say whether there was any room to infer malice. The Jury almost instantly returned a verdict of Not Guilty. The prisoner was again indicted for the assault upon Mrs. Josephs. No evidence was offered, and the Jury again returned a verdict of Not Guilty. Mr. Baron ALDERSON said the parties might indict the prisoner for an aggravated assault if they pleased, but he refused any expenses except those of the surgeon and the policeman. The Grand Jury came in, and returned a number of true bills, amongst which were two against George Forbes Atkinson for felony. This is the Captain Atkinson whose case occupied the attention of the Bow-street Magistrates or several days.