The British Press; or, Morning Literary Advertiser. — London, England, 1818-10-27 00:00:00

LAW INTELLICENCE. sEnniNrs INN , Orrosia WIL This day Mr. JassliVe BAYLKY, Mr..tvatle* As. sow , and Mr. Juslice HOLROTD. vet hive, fir the purpose of hearing arguments on application...lhr new inch, &c. which were tint decided in'the'hast Term. Lord Et.Latisotsernatt, who 1. we are concerned to state. in a very itl state of Ismlth, did not make his appearance. There was not a mama• rocs attendance of Counsel. WI LSO II V. 11111011. In this case, an intim, had been brought grind the owners of a ship, which had been lost or cap. Lured, to recover the value of the Gorge put en h o ed by the shippers. The cause had been re. !erred to Mr. Gawky, who hail made an award, subject to the judgment of the Court. au three points.—The master of the ship, it appeared, was one of the owners. and. by a specific Act of Par lisenent..the owners of a vessel were protected from cup tepoissibility, with reference to the safe keep ing of the curse, unless they were privy to the conduct which had occasioned its loss or deteritwa- Won, leaving to the shippers the right of looking to the master. for redress, sad silt to the posers oft shore. The brit point was. whether the action eigaient the master. its this instance. he beingooe of the owners, was mot. is feet. an woos to iiedes.► the ' 'whole of the joine-ownenrweve pearliest Second. Whether the claim of the skippers was to be esti mated by the value of the carp, at the time the contract was entered into, or as it stood at the period wheel the vessel was lost hod third. whether 40eaL which the shippers bad paid as freight ier advance, osght not to be considered as pert of the sum which they had a right to recover, in the event of the loss of the ship Mr. Itaectsuseir. for the Plaintiff, contended, that the shippers. to whom the goods belonged. had • right to *Gerrit against the master and owners, in this case, which differed considerably from others, as the master Was himself pan owner. With respect to the second point, it appeared gene clear to hien, that the ',tippets had a right to sue for the austioist of the cargo. at the tide the contract was entered into, and net, with a reference to the value, when the ship was lost. in the first inetanee, the amount was easily ascertained--abereas, in the bitter, it would be most difficult to discover it. As to the third point, he argued that the shippers had an un doubted right to claims back the lam of 1001. paid by them for freight, as the owners had nut fulfilled their cataract. Mr. Scuicrry. nom. argued, that, by the provisions of the Act of Parliament, no action could lie sgiinst the *wings of the ship, &awry act dune by the masters or satinets, of which they were not rognizani. Neat, that the claim should its made, not fur the value of the. goods at the time theater tract was entered into, but at the periodirhen the vessel was luet—hecaime, au essential alterastiou Wight have taken 'place. with respect to their worth, in the intermediate time. The Plaintiff. be ob served. had uo right whatever to see the owners st the vessel. as they were not privy to any wralvees►. tiou. The master, eri tsestioe. was respossuble to them—and their action should lie orient him. in hiss capacity of Capteith, not iu his chewier of owner. Mr. Justice BATIAT held. that the shippers had a fair groom, ul action against the Captain. as muster, but none in his capoeity of owner—that the value of the cargo ought to be estimated et the time the ves•e{ was lust, aml not at the peeled when the rontract was entered into—iond, that the Pinion/fa had- a right to cause the 400 i. which they bad paid for freight to be refunded. lu this decision the other Learned Judges con curred. A covey of seven partridges on Saturday mein iog alighted an Butli.square, on Portsmouth Point. rod from the direction they come. they must have flown from the 1.4 e of Wight, the neorert point of which is fire melee. without the possibility of their reitilig in the wry : one of them died immodiotety lions fatigue, the others were caught by various Mersin'. Several woodcocks have been killed this week in the neighbourhood of Penryii. • At Esqs two were shot on Wednesday list, and three more on the fol lowing dry. Great quantities of pilchards are stilt obrereed in tile Channel. mud at a shirt distroce from the shore. The d • • ig boots iii Aluueit's Bay have been very siicreaul during the present week. hoeing token about 4200 hogsheads. Souse seams 'hot were taken imp hive been put out again, and if the leenther pi too ld pr ove moderate some aim airy yet be speared. On the Deromihire enlist also mime shoots hove been seen between Bolt Head mind Torbay. mod coinideridste quantities of pilchards, caught in aluiving eirt9, isere last week brought to Exeter nruket.—(Corosea Gazette./ _ The person who, we lament so state, had both legs broken by the upsetting of the light Bath ClOdell, it Langley Broom. a (ew evenings **nice, proves to be a *errant in the Household of Prince I.coros.o, at elareninitt, and had been nu a visit to sumo friends at Bristol. At the Sessions for the conat!.• held in Penrith. on Tuestlry, only seven Niagisieates were in a ttend. Major YATES. Chi/Annan. thallsaat sot, ohms lock o/' the Forest, wait sentenced to befell rears trasisportation. for striding a evil, and oilier articles, front a person at Great Corby : he living an old offender. it was determined to semi loco oat of doe king.lorat. it bring the third time lie wad commies' for similar offence's. A iwtitiosi predeoltrol try Air. COURTIEN Alr. Counsellor. to the Clidnall4s and Magistrates, signed by thirty. •Ix darting, piei nig for adjourned nessions. in or der to prevent the seecessity of taking the insolvent iltlitors to the general Sessions. The petition. we understand, was favourably received, and left fur• our eonsiderati of the 11iegistrirtes to decide. s'Frost u (nrneapuirriessi.)-140r.e-rtritling shout twenty yeafil UKO was sO Very common ill the north Englasoll mod throughout Scotland, as to he , 't• slimly regarded as au illegitimate metros of sub- PlitenCe rather than a serious crime ; but, until %Ilio n the two last yew*. the nae►lsrr of onfencsra of this description lord Kraduelly decreased. it is tines, however. ru commute in the rhovesmentioned that upon an average Owen via hionirs sieltulini weekly, scarcely tone in twenty of which 'r roawtttr.d. 1111)DLIISEX SESSION'S, llearsa v. OCTOBER 26. 'TRIAL OF MR. HUNT. Thip ,morning. the Mithilesex &seisms cent monad at Hicki'S Hall, before 1/1411Cil Coo*. Esq. (the Chairman). and a fell Bench of Ma gistrates. The first came was the trial of Mr. Heat for .an assault upon Mr. Vincent George Dowliog au the s'h Septenthei,'ise.St. Clement's Church-yard. Before the trial come iso Mr. Hunt, who ,sat at the Barrister's table. toss and addressed the Court in the following terusti:— r • . Mr. ClAlaillall e lam here to day to stand my itrial fur an emelt, and I have sn.upplicatiou to mike to the Court foe my own protection. A per sow who sits opposite me his just made use of the frilliwring expression: * tare the demagogue. Haut. is first on the list, I hope he'll, be tretioported: therefore apply to the Court. whether such leo. gouge is to be tolerated. when applied to a man who is here broeight befOre a jury of his canopy. un derstand the person is a barrister. Ido not know whether he is or sot; but I appeal to the Court whether I am not to be protected from 'itch lan guaw., Mr. Attire, who was of Counsel for Mr. noir ling, rose and said. that say expression which% might have fallen from his Learned Friend, who emit a Barrister, mold not hare been iateuded for Mr.finnt's Mr. /use*. who was the Gentleman alluded to, and who sat at the table, but was not dressed in his wig sod gowns, said. that he did not mean to be overheard by Mr. Haut in any thing he might have said; whatever had been his coaversation, it was not, he assured theCoart, intended for Mr. Hunt's ear. Mr. Hunt—" I think you did address your lan gasp to me. It certainly was uttered loud enough to he beard by all around here." Mr. Ai.Lay interposed, and desired that Mr. Hunt should not interrupt the proceedings of the Court by complaints of this kind. Mr. Hunt—" I sin addressing the Chairman, and not you. Sir; and it is to his instructions, not to yours, that I shall pay deference." The CIRAIRMAII—" Mr. Rant, you most be aware that nothing can arise is year particular case which could justify the slightest indecorum towards you, standing as you do. The Court is always most anxious to accommodate every Defendant, as fee es it can be done with propriety ; but, on the other bend, it cannot well take notice of private conversations, whatever they may happen to be; and I am sorry that the seat in which you sit had placed you near enough to overhear any this, which might have been said by the Gentleman op posite to you. It is true, that the Court generally allows a Defendant to sit at the table, either fir the purpose of being neer his Counsel, or any par ticular friend whose salaams be may want. I thigh. ou mintiest. you must be of that such expressions as those yes ham alltsdeg is could not, by possibility. have been Riess* fee the public ear. The Gentleman Is whom yea ascribe deem cull not possibly lase publicly bearded them on the eve of a delessileat's trial. I can give you no essistaace under the circumstances that you say lame *enured." Mr. dimity 1 Mr. Hunt, as you have thought proper to overhear a private emsversation, and dun make it the ground of a public complaint. you mast now gait your scat and stood et the bar, as an other defendants usually d 0.." The CINIAIIINIAI- 4 am very tarry that any thing should have occurred to have made Mr. Hunt's application, or yours. Mr. Alley, necessary." Mr. ALLsw—" Mr. Ilea. you must go to the bor." Mr. Hent- 4 k *pin tell yse, that I shall at tend to the Chairman' s and not i• you." Mr. ALLatir—" Then, if you chooee to be inso lent, must move the dourt that you be placed at the bar. The Court will exercise its jurisdictiou towards you as it would to any other defendant." Mr. Itunt-44 I neither give nor take insoieocet I sin addressing the Court." Mr. Sub:Tomtit (one of the Magistrates on the Beucli)—“ I think .Mr. Hunt ought to be pet to the bar. It is au indulgence to allow a defendant to sit where he does--end, after what has just passed, I think he had better change his place." Mr. Hunt--" I shall bow with great submir. sion to the decision of the Chairman; and u Mr. Alley has made this application, 1, in toy turn, ask olthe Court to be permitted to moats where I am, so en iodalgence, sad not to be put to the bar. where I could have no convenience of taking notes of the evidence." The CHAlltall•II interposed, suill directed the Clerk of Arraigns to read over the indictuseut, and proceed with the trial. • The indictment was accordingly read. which charged Mr. Hunt with assaulting Mr. Dowling on the eth September. Mr. Hem pleaded Net Guilty. • Mr. At.t.av then rue, and io form repeated his motion, that Mr. Heist he pat to the bar. The CRAIIANIAIN-•-. 4 Then as the motion has beat made. Mr. Haat mud quit his seat, but I do nut think it • right he Aioslil be put to the bar. as Ise says he wishes to 'bike notes—let m ot th ere f ore remove to the end of the tiMe." Mr. Nom bowed to the Court, sold took his seat at the real oi the table adjotaiug the jury-box. Mr. CUSWOOLIP then opened the pleadings. Mr. A Lii.stv stated tile Plaintiff's case to the Joey. lit ullesiou to whet bad justeccurred in Court. he ebetterril that he aeeer should have thought of refw sing to Mr. Haut.that courtesy which was some times emended to deleadants, had it not been foe the ape which was iss the perste% inetance made of it. l'ltte offence with which the Defendant stood charged was for coaseetting an assault of a very egg?". sated character. The. kerisedVimusel said ► that althoegh he had a volume of iostructions in Iris brief, shewilig the utter falsehood of Mr. fleut's impetations epee Mr. Dowltug's character, and explaining very fully, end he thought very satis factorily, a t imelier of transoctioos net of very recent date. yet be oho ht it awn proper and decorous to ab.tein altogether fry matter which was not direttly connected with the lime and cocunistance of the assault. Tie. Learned Counsel then detailed !firm, precisely to the Monett they have Liceu already stated to the public. Mr. V. G. Dowling was coiled to prove the as- b / fault. ke was esan * Mr. Cvawoon. *le t ' stated. that•ow the Sth.Septeinher be isMit .to the shop of Mr. Clement, Strand. for .the Pow of letetniug a Newspaper. when he saw Mr. Hoot and wend other persons in the place. Mr. Hunt immediately addressed witness, and said, " Well, Mr. Spectacle, Spy, are you disposed to finish the horsewhipping .yeacommenced ii. Covent Garden?" Witness easwered. " I wish to have no altercation with ram," end then turned round to leave the shop. Olen Mr. Hunt repeated his offensive expression s..idinked him if he was dis posed to shew himself `st man and go oat to fight him in the street; witness replied that he was cuelonsed to such exhibitions, and certainly would not ; he also mid that 'be was not deserving the false Unpin/s,lnm which . 1111 r. Hunt had applied to him. Mr . B . then cha rged, him with publishing some false statements rispeciing a public transac tion in which he had been engaged—witness de nied this charge, and Mr.'flont resorted upon him. that if he had not done it, himself he employed @Me other pekoe to do ii. .Witness denied this also, and was withdneving irons the shoe. when Pr. Hunt said. he would Sind an opportunity of thrashing him. Witnesesaid he w••,there then. bat would not settle the dikter in the, manner pointed quit by Mr. Hunt. The latter then follow. ed him cut to the door. and struck witness • blow in the (see, and said, " Will yon resent that P'-- Witness replied. " Certainly wet in the way you seem to wish . ; for I should feel myself disgraced by noticing any thin* said wr done by a. MAUI who has disgraced himeelf as. you have." Several per sons were outside the shop-door at dine time, and Mr. Runt introduced him to them es " Puolkag. the Government Spy." Witness gave no provo cation whatever to Mr. Hunt F rew this treatment. He only received one blow. le had defied Mr. Hunt to prove in 'any degree the imputations he had cast upon him. . - - - Mr. Hunt then proceeded to crass-exasaias Mr. Dowling. Hunt-- , 1 Did I not invite you out to prove yourself a man. •nd when you said you were unac customed to this mode of proceeding. did I not observe that that was extraordinary. for you were active enough at Covent• Garden whew you were *unleaded by your coostables, cud what wade yoit so cool then r Mr. Dowling-44 I recollect your saying some ding about coastables, but what were the precise expressions I cannot now recollect. I bad heard that you and your brother meant to assault one i■ the street." Mr. Hunt—" Was that the** twee; did wit your conseieoce tell you that you deserved it ?" Mr. Dowling—" When 1 say I repotted to bear from you, I mean thit I thought I shiuld hear from you in • different nastier. I expected to have been called upon as one Gentleman would caM oa soother." Mr. Hunt—" Huw do you meats ?" Mr. Dowling—" Does not your - coascience tell you Mr. Hunt appealed to the Court whether a dig rect answer ought not to be given to his creation. The CHAIRMAN replied in the affirmative. Mr. Dowling then said, that after the public in sult he offered to Mr. Rant at Covent-garden, he certainly expected to have heard from in the only course that a gentleman ought is have resorted to. Mr. Hunt—" You mean to light • duel ?" Mr. Dowling—" Most certainly." Mr. Hunt—" Then the provocation you gave me at Covent-garden was with the view of gent% me to fight • Joel ?"—A. Certaialy." Mr. Hunt—" Then when I called you out, you say, to fight in 'Mr. Clement's shop, did you hear me say I wanted to box you ?"- Mr. Dowhug—" I inferred so certainly, for when you invited MN out to light. 1 could not imagine you meant to fight • duel in the middle of the day, in St. Clement's Church-yard." Mr. Dowling then admitted, that be bad said he should feel himself disgraced by taking notice or • man so degraded as Mr. Hunt, and that the blow he received was • very slight nue. which merely knocked off his spectacles—it did not give him the slightest injury. He did not recollect that Mr. Hunt after he struck him had said, that if he was so abominable a coward as not to resent a blow, it would be cruel to repeat it—no such eXpres lion was used in his hearing. He repeated his ad mission, that be went to the hustings to give Mr. Hunt that sort of provocation which he thotight would induce him to resent it by resorting to • duel. Mr. Dowling, its his re-examination, sold, that he went to the busting* after receiving gross provo cation from Mr. Hunt. No other witness being cafied— Mr. Hunt proceeded to Wakes' the Jury in hie defence. He said tbst he stood there as au Lug harnisn—es one of their fellow-ceuntrytoen, charg: - _ ed with the heinous offence of assaulting one of his Majesty's liege subjects. Had he stood there charged with committing a wantoa mid unprovoked assault upon soy man. be knew that both the Jury and the Court would visit his offence in the manner which justice would demand. He would not insult the underatiuding of the Court or the Jury, by re taliating upon the Learned Counsel who opened the case, fur the manner iu which he had endea wound to prejudice the Court against him. The Learned Counsel must, indeed, have had a flimsy opinion of their understandings, when he thought such a abasement as he had made could luau mice their judgment, He (Mr. Hung kttm tkey could not be so easily imposed upon--be Imees,filek he stood before twelve honest me., mod he wield with confidence. as au Englishmen, call for their verdict or not guilty when they had fairly consider. ed all the circumstance, of his case because he could contrioce them that he had abLdautjurtid- . anion fur his treatment of Mr. * use iu a condition to prove titet Mr. Dowling came and assaulted him behind his beck, while he was act. tog in • public capacity entice hustings. in Ceeenta gairJett-.while he stood there as a Caedidste. le• gally mod duly qualified to represent the (icy of Westminster in Parliament. end us such recognised by the electors who supported him. Standing is such a situation ' he .ought to have had (for he was legally entitled to is) the protection of the High Bailiff, and of flame persons whom he had designat. ed as constables. fostrod of hieing this, he could prove that the very High Constable hinsself-.--. Mr. ALLEY here irsterliau d, mid said he could. not really conceive what emanation there was be. IPP: • • ;; :- - tween what any cconstable . hanidone at Coreaat-gir deu duriogthe late election egad the present case of assault. He hoped, therefore, the Court would interpose and prevent the introduction of matter so wholly distinct sod irreirehint. The CitAlelloli—" I certaiiily cannot see the propriety in' this case of introducing the conduct of others for particilsr epecific charges of misbeha viour which have no reference to the matter now et issue. You are entitled ,to make any comments which apply to the riatenient of. Counsel, or the evidence which has breicgiveis in the case. If Mr. 'Dueling has, with others, -by any l et combined to keep your mind in a stake of efferve'icence hens any Period anterior to the doe,of the piesent charge, ie may perhaps be a cirCionstance within the limit obsenrstiou to which, you err entitled. But .1 really do not think you ,will serve your, else by stating matter which hes reference to pr 091111 .Out before the Court, or by overloading it with other facet that are 'tot directly connected with the matter immediately at issue.. You may certainly in yeoe comments go so rot es to touch upon soy previous matter .which may haveglven you that sort of strung provocation that may . More, up to the time of the present charge of a ss a ult, according to the inirroity of human nature, kept alive a Spirit of auger and resentment. Being a layman, and enameled by Counsel in your defence, it is the custom to allow a greater latitude of observation to ■ Defeadent ; it is perhaps as well to refrain as much as possible from interrupting pod, and to leave you to the exercise of your own discretion in the selection of observatious which you may think of use to your defence." ~. Mr. Hunt said. that after the very hindsome manner in which the Chairman had sciilrersed hint, he could : assure him that his admonition should out be lost on him, Nod he 'nicer* thanked the Leaenedtptinsel for the abrupt interruption whiCh had led to the observations just made by the Chairs ma. He was certainly before the Court without the' imposing advantage of a gown sad wig in woks tug his defence, and. he knew he might be consi dered as fair game for the gentlemen of the long robe, as they were called. Indeed, it wis a part of their quirks and trick's to interrupt each other, fur the purpose of disconcerting the speaker while ad dressing a 3ory, and throwing him off his guard; and he. of course, was prepared to come in for his share of interruption. He had, however, made up Ms mind upon the matter, and even had the Chair man, instead of being so conciliatory towards him, adopted a different tune of admonition. he had, a little in Mr. Dowling's style, when lie coutemplated being assaulted. fully and coolly prepared himself for the maimer in which be would have received it. and, just as Mr. Dowling had done, made up huW mind as to the line of conduct he would have pur sued. He spin thanked the Chuiranan fur hiS politeness, and entreated, that it, is the few ohne. rations lie had to make, he should fall into any ir regulsrity, or the slighteit irrelevant matter (neither of which he intended), the Court would instantly interrupt him, and in an instant he would desist and acquiesce in the correction of the Chairman. He then resumed his address to the Jury. awl mid, that they had ketifil from the Prosecutor's own oath. that he had goer to the hosting* in Covent. garden. while he (Mr. Heat) stood there in a put tic capacity, and assaulted him, with the avowed cud premeditated nitration of provultiog him to commit one of the worst species of assault -And yet such a man as that now asked theta to find another guilty of a breach et the peace ! It had often beets Mid, that a 'Plaintiff should cease into Court with clean hands; would any man my that Mr. Dowliag tame into Court with clean hands ;They heard from the Chair Man that a natural allowance should he made for a short period of irritation and provocatiou. When Mr. Dowling was before the Alegistrate, thee the affair at Covent-garden, he unequivrocally admitted that he intended to have given him more bliwe thou he bad ioilicted on the hustings, and multi have dour so were it not for the interpusitiou that had occurred. Mr. Dowliag folly knew, that as he (Mr. Heat) was not bound over to keep the pence, the very s ent time he taw him out of the protection of constables he would give him en op portunity of Inishiag the horsewhipping he had begun at Covent•gardee. This. he 'deltas be wee flatly prepared to expect; and the first time he mat him happened to be when he (Mr. limit) hail jest finished looking at a Paper is Mr. Cleumeut's shop, full of infamous invective against him. Oat ob serving Mr. Dowling eater, what had he done ?—fie merely invited hint to finish his horsewhipping, and for the assault he had committed in Covent-garden he gave him • slight blow. which only had the effect of knocking off his spectacles. Mr. Rookie% then appealed to hie short sights and said he emaid.wit see to fight : he never attempted to follow the blow up by farther violence, or by any act which indi cated a disposition of strong hostility sir resentment. The Lenrued Counsel had said that he had a volume of instructions, and could prove his statement by variety of witnesses.. Where were they all! And was it not fair to infer, that became they were not called they had nothing to prove in support of the ' Learned Counsel's assertious ? The Jury must at once perceive that he had received more liberality from the Chairman than he had from the Leonard Counsel. The latter had said, .6 We will put you at the Bar." The importance of the we" re minded him of the assumed air of emasequence of the organ-bellows Mower, who mid, a How beauti fully we played to-day at Church." Su Tech fur the Learned GelatleinsiN consequence. Now re specting the laereet charge, they lied !weld from the Prosecutor himself, that he had goue and cow-. milted upon Inns a. prenseshiated assault, at the hustings. in Covent-gulden; they wens as capable of exercising in honest judgment upon right or wrung as Mr. Alley had done, and it was for thins to look into their own breasts, and soy if, under similar provocation, they would not have treated their assailant as he had done Iris in the grist place where they happened to inert biro. And whet wools' they have said if he stood before Own' an hiss trial for shooting Mr. Dowling iu a duel ? what scold they soy of a wan poirsaing another to Ins death who was so ahort.sighteol as to say lie could soot see ■ wan well enough to Mess hint! Woould they nut eoesceive he deserved the severest pionislinieut indeed. the person who had insulted isms before the trial ccn sitienced. and who was Su the gaols of* gess lima'', should souse out 14 Court and repeat his detersoluation to offend, he (Air. Hunt) would 110(41 .. let bin tee, that he was in ready as any man &Pre could be to piston, the 'course mien to al gentleman, when any person resonated to t.rer him arctic lie knew where he stotst, and was airfare tlin a Court IT Justice Wall not the place its alit 1, he should state what in Mich a tine he would do., he would therefore drop the iouhject. lielipecting Mr. pow - - ling, he would only posy, that hr bore no hostility or animosity towards him ; indeed. he thought, that if Mr. Dowling had consulted his owls feel. ingot, and not listeurd to evil inlisi•eos. he wool.' not have come ssuO, event this day. Ile we.. the original agg'srosor, and hid come oft with * slap its the face, in return 'for his woman with a horsewhip , . Ir, ithder such circiapastences . , the itily ;co t oailil re tort? • Verdict of guilty. agaitit a man who load been to treated, he should Certainly limy to their decision; though Ile was coomiosced when they after. wairds reflected upou what they laid don.., the recol-. • lectiust of it would not be pivahisik to them. lie an, ticipated f the impurtielity of the Chairman, than they Would hear hods 111#1 a recouttesen_ dation to dismiss altogether front their anions to the a t resent comanderation, whatever had beettlais public awl— r skaiticitl 'conduct; be that righ t or wrong iii their 'view of such Matters, was a noes. lion wholly irtelevant to the itimuity with which they Were, their oaths intrusted. If a marl conk, bp ed is he had been, sold then futausl . giiilty a Court of Justice fur retorting upon ipis assailant. theie Would be WI end to the exercise of the boasted feelings fund spirit of an 'Estglaidintlin. the Chairman would, doubtless h.s down to them the lay.he llr.lt.) would not there fore'retev them to the books of tiny great legal 1111thu any further than to say, thiit from the rime of Lord 'Coke downwards, It had been lido: that a mats was not only justified its 'repelling ((wee by force, bin that be was further entitled to bring an sctinia fur an stisinalt against the party Apo had 'first mi. sailed hint, tress thciiigh lie 'should have retorted blow for blow on ihe aggressor. lie would call no witnesses, but 'cheerfully left his 'case in the hands 'of the Jury. and NOteirt bow to their verdict. The C s aixtltilAN then summed up to tie Jury. Be litissetited that a mistake hadoaturreil early in the bisiness of the day, by eXprt-tsunt which had beessuver-heard by die Defendant. lie was sure the expression could never hive been seriously in tended—h 'War, however. 'cretaiiily not a palatable one. end he hoped would never iii any case be re peated; whether it wale or was riot worth mittens*. Wes another matter. trot the Jury had strictly us canine their attention to the real question of as sault. It was. he knew. quite impossible for them not to have head au hornier occa‘ioiss of the partivi in this cause; bat be trusted they wool,' follow Iris example, in butitlnog f their pr.-seta reiuollUs tiou, all previous Matters th it . truglii have crept into their 'nimbi. The Defendant. to Iris Able att.' dress, had endeavoured to impress upon 'heir at:. teution that the affair nit the IttiNbeigi at Covent garden. and the mu/la with which the Defeudant stood 'charged, were one mid the same transaction— that 114 that they were so mullet:tea, though. strictly speaking, occurring A darer. in times, us to present a continued transaction; the latter part of which Was jUstified by the event of the former. The Jury could not look upon the nastier in tails tight__ they must separate the two uccerrences if they be lieved the evidence fur the protects tilos, and he could trot see what possible reason they could have to doubt or to impeach the evidence of Air. Dowling—his matinee Was becoming, and his statement 'candid Mid sirtiple. It was true, tither wittienes might be caller, to speak in the taint fart, hut Cootie, gene rally eltrrctse their own discretini N mid do not un necessarily exhaust their time and that of the pub.. tic, where they think they have estabhshed their ease—it *is different with penults who pleaded their own cause—except when Hwy were governed by the discretion shewis by the present . Deleudint. they generally milled a mitaber of unnecessary wit nesses. The 3ury esStwiriered their verdict for 'boat See atinules, Nati thee 'rotting Air. Rout guilty of the assault. The Ca Ai KM Alt then pronounced the sentence of the Court in the following manner:— " Me. Ifunt—You stand convicted of Commit. iing an assault upon Mr. Vincent George Dowling. iu estimating the astute of your offence, it would be affectation for the Court to drily e knowledge Of previous trainectiosta, wlikh most gutturally have caused some irritation in your mud. But the tiers that lied elapsed between the attack made upon pro in Covent-genie:a and the litth September, ought, in the mind of i Moderate mail, to have cooled that feeling which might at first have been engendered, and been at the time very natural, and preveuted your committing thst violation of the law • for which you now stand couiricted..-a re sentment accouipsnied with such a breach of decorum at a distant period cannot be justi fied. It was ion so much in the blow, fur that does not appear to have been severe, that your of fence consisted—the blow was accoMpuiiid by se vere expressions, which no man of delicacy and honour could bear, 'without appealing to the lay" of his errantry for redress. Therefore. in the rye of the Court, you are guilty of a very aggravattit offence. But as it 'immune that Mr. Dowling had lei/erected towards you throughout, in contempla tion of being able successfully to provoke you to is meeting of a different tort from that which after wards occurred. the Court deem it right to give you the benefit which you are entitled to from his con duct towards you, mud will init. therefore. *entente you to oily punishment which Call degrade you as 44 g ewirm,ll. The offence, however, cannot be over looked, and the sentence is. that you pay a fine of live in. 4.1 be then discharged." Dlr. limit bowed ro diet:hansom. paid the fins at the tilde, and withdrew trona Court. May was indicted few assaulting Thomas Sudbury, osa the Wilt Anglia, The l'resectstor was a carpenter, in the shop I.l' Mew,. Menslield, of which the Defeentsnat fsweman. The Prossecutor mistaking a Jurca,s,a given by the Defendant, made two dam., instead a war. The Defendant c.:11•41 hint a fool—ha retort. led the apiiettalion, on which the farmer orstick tura with a bawd on the tired. ‘'erdict—Gritiii. tentleal to lily, r line of one 'shelling to the K ~.g . .frames lied, a very yisang gtri, w:as tat 51.4.1.4 fur au amatsit au Jaya a child of 1,%..1 s .robr. o ol -r ;~ %raw- - lEE