and Robert Brannon
were arrested yesterday on a bench warrant and brought before the Mayor
, charged with having committed a felonious assault on Elizabeth England
, on the 6th day of February. It will be remembered that the above parties were convicted last week before Judge Lyons
, of an assault on John Burns
, for which they were sentenced to short terms in the city jail.
They were undergoing punishment when the above process was served on them.
The Grand Jury of the Hustings Court had indicted the parties for feloniously causing Mrs. England
The testimony of Mrs.
E. showed that the affair was not susceptible of the interpretation placed on it by the Grand Jury
made some comments on the stupidity and ignorance of indicting the parties for a crime so entirely out of the range of the proof.
The assault made by the parties was clearly not a felony — nor was every knocking down a felony.
He would discharge them on the bench warrant, but would say nothing for the present of the assault which could be established.
, who was present, gave such testimony as sustained the Mayor
in his view of the grade of offence committed by the parties, who were sent back to jail.