The Sun. — 1838-09-07 (London, England)

BENETT—How do you know it was the prisoner? Witness—Because I felt it when I took him off my back. Mr. Wooler—Pray how long was it after you received the wound that you gave the boy into custody ? Witness —About ten minutes.  Mr. Wooler—Will you swear that it was not half an hour ? Witness—l will.  Louis Worms, of Brook-hill, being sworn, stated that he saw the prisoner jump upon the prosecutor's back, and job him in the mouth with something. Mr. Wooler—Did you not strike his mother ? Worms —I did not.  James Hubbard proved having seen the prisoner jump on the prosecutor's back and punch him with something, tisit he coda not say with what. Tie prisoner used bad language, and his conduct was abominable. The prisoner in his defence said that he was at his father's door with a flute in his hand, and his sister was singing a song, when a quarrel took place, and Worms struck his mother. Nichols came up and struck him on the mouth, he did not know what he did after that. He put the flute into his pocket before he was struck. Mr. Wooler called George Welch, of No. 14, Brookhill—He saw Worms strike the prisoner's mother. He only saw a flute in the prisoner's hand. He did not know whether anybody struck the prisoner. Ann Buskin saw a crowd, and Worms strike Mrs. Joseph. She could not see all that the prisoner did. He rushed forward to protect his mother, who was used shamefully. Sarah Bianchi saw the prisoner and his sister singing and playing at their father's door. Worms and Nichols assaulted and dragged Mrs. Josephs, and the prisoner went to her assistance. He had a flute in his hand.  Policeman 102 G proved taking charge of the prisoner, when he found the pieces of a flute with keys in his pocket, but no knife.  Waddington, the gaoler, stated that he was passing by at a quarter to eleven o'clock ; there had been a quarrel, but the prisoner was not given into his custody, although he and Nichols were present at the same, and knew witness. Mr. BENETT said that this was a charge of cutting and maiming, under Lord Ellenborough's Act, which, if the party was found guilty, would subject him to be executed as in a case of murder. The prisoner's mother lid been assaulted and dragged, and he went to her assistance, and if he had intended murder in all probability he would have had a penknife, or some other weapon, in his possession. If he (Mr. Benett) were to send him before a Judge, he would never be convicted under Lord Ellenborough's Act. He would discharge him on the capital charge, but would order him to put in bail to appear at the Sessions to answer any cha_prre that might be brought against him. Mr. MALLETT suggested that as the parties were continually quarrelling the best mode would be to order the whole of them to put in bail to keep the peace towards each other.  The prisoner put in two bail in 401. each to appear a the Sessions, and was liberated.  Henry Blewet and James Dale were charged by Laing Thompson, a Scotchman, residing at No. 131, Saffron•hill, with having stolen two baskets, two pair of trowsers, and other articles, value 12s. The prosecutor, whose gigantic appearance excited much astonishment, was obliged to stoop when entering the office. He is well proportioned, and about sixty years of age, and his formidable presence caused everybody in the Court to appear like pigmies. He stated that the prisoners slept in the same room with him, and whilst he was asleep they stole the property. He traced them, and gave them into the custody of Clarke, of G division, who, on searching them, found some of the property. They were remanded.  Mr. BENETT inquired how tall the prosecutor was ? Inspector Dewing replied, six feet nine inches high. Mr. BENETT said he was an extraordinary personage, and inquired whether he had ever exhibited himself ? Inspector Dewing—Yes, your Worship, during the last fortnight.  Mr::