Whitstable Times and Herne Bay Herald, 9 April 1870.

RESCUING A PRISONER FROM CUSTODY.

Joshua Case, 22, and Henry Clarke, 19, brick-makers, were indicted for assaulting Edward Ling, a police constable, whilst in the execution of his duty, and forcibly rescuing a prisoner out of his custody, at Teynham, on the 14th March.

Mr. Barrow prosecuted, and Mr. Ormerod defended the prisoners.

Mr. Everett deposed that he is a gardener living at Greenstreet. He knew a shop kept by Mr. Gambill, a butcher. On the evening of the 14th of March he saw a man taking sausages from a hook in the shop window. He afterwards accompanied P.C. Ling to the "Fox" public-house, and pointed out the man who had taken the sausages. Ling took him into custody, and as he went along the street the mob surrounded the policeman so that he could not take the man. He saw Clarke in the mob, and he held Ling's arms behind him. Ling called upon Gambill and himself to assist, and they together had the man in charge. He did not notice Case in the crowd, but he was with the man who stole the sausages. The man was rescued from custody, and he got away. There were about 50 or 60 people in the crowd.

Cross-examined:— The crowd called out that the constable should not take the man. He did not see Clarke do more than the rest. There was a general scrimmage, during which the man got away.

Thomas Gambill said he went with the last witness and P.C. Ling to the "Fox" public-house. Everett pointed out the man who had taken the sausages, and Ling took him into custody, and took him into the street. A mob collected together, and Ling gave the man into the charge of Everett and witness. He saw Case jump on Ling's back. The man he had in custody knocked him down and eventually the man was lost.

Cross-examined:— The man who stole the sausages was in his and Everett's charge when he got away. The man struggled to get away, and there were a great many people about.

P.C. Ling deposed that on the 14th of March he went with Everett and Gambell to the "Fox" public-house, and took a man into custody for stealing some sausages. He got the man into the street, and seeing a mob he called Gambill and Everett to assist him. Four or five times his arms were held behind him. He drew his staff but was unable to use it. He recognised Clarke in the crowd, but not Case. The man in custody was rescued, and he should say about 17 men took part, in the rescue.

Cross-examined:— He was bustled about in the crowd, but not hurt.

Mr. Ormerod submitted that the whole case for the prosecution had failed. There was no doubt that a feeling prevailed that the policeman had taken the wrong man; and the mob grew into an excited population; and there was much shouting and pushing about, all concentrating their energies in favour of the principle of liberty of the subject. As to the rescue, no doubt the man got away during the scrimmage, but that the prisoners at the bar aided in the escape there was no evidence to prove. Then with regard to the assault, was there anything in it at all. It did seem that somebody jumped upon somebody else, and that a kind of voluntary leap frog was going on. Really there was no harm in it, and if anything was done to the constable at all, was not the whole thing a lark!

The Chairman carefully summed up, and the jury acquitted both prisoners.