The Sun. — London, England, 1802-08-07 00:00:00

vi . th !ople this Ong ntel ,SY: KENT ASSIZE 4. MAIDSTONE, AUGUST S.. 71s, Mr. tft' L;DI by the. will. De- after will •able /tl,O ;1 t 5 13ae n of is lil chAr nar )f i g wil° - n et ti Sl Ili le the ESP gfia ng° 0 isc' .14 le' fit I RrelftE THT- LORD CHIEF CARON MACHet. ALI). MoRGAN v. mANsitt ELI) AND °TRW: ' Thi3 was an Atlion of Trespass, and brought by IVIr • Motto A N aga i nst t h e D e f en d ant , the Bailiff of c j i°ollu lirg7 Esq. and several others, for midi tog, up and carrying away the .Posts and Gites of a certain Close belonging "to` 'the Plaintiff. Mr. GAttaow opened this ease. He lamented ext rem4, that he had not had his brief deliVered to him earlier ; 'if he had, he should certainly have advised his Client to have dispatched a Messenger tn Beckenham,. inorder to have introduced to, the Jal}' a person, who, since the death .of Lord Loos e• might justly pretend to pre-eminent celebrity ' the Annals Of Courtrs of justice—the Gentleman alluded to, was no other than Mr. John Cator, whose ha ute the walls of the Court had often resounded..H., 4 , l . "Ppily, God Almighty had 'get such a mark upon. ;nose who for'some inscrutable purpose he suffered to ve to plague mankind, that their machinatioos al ways recoiled upon themselves, and tended . ,to their 13wn injury- There would be found a most wonderful c"iocidence het weenthis Trial and one which occur_ red at the Last ; so it uCh so, that at first he al !: 'usileded his old brief had been deliVered to him o oy mi s t a k e. Mr. Morgan, the P l a i nt iff, ' was a k;entletnan of fortune, living in tile neighbourhood °l ,P' - uge Com mon ,, arid for ten years past had rented a ' 0, 1(.1 of M r. J o h n C ator , to w h om h e h a d un i_ tor Illy paid his rent personally; but for reasons, which would be explained. before he had finished his observatioos, he had at Michaelmas last paid-it to the Clerk of the' Attorney of the Defendant.-=- Z° the month of- December following, he was wa lking over his land, and was much surprised at. s eeing a man :in his field with. a horse and ca rt, shooting a load of dung. He thought such at of - good - neighbourhood astonishing—he could not conceive how any one could have been so kind 4 ‘ to manure his land for him. Accordingly he. accosted the man, and inquired the motive of- so Sinkular an att. - The man " I !mire taken , t his fled o f . M r . C ator ; my Landlord." The rlaintifr replied, " You had better go away t o ° ," Your business ; for the field is mime.','-- 4, rPan's name was Fox. The Mr. Cator, \o'nonliA;la mentioned, was a good Lawyer ; he ha ll had much -experience, and had paid dearly for 4 t ; and t he re f ore i t was diffi cu l t • to account fb r hi s letting land t o M r . F ox , w h ic h lie - had previously p let t to the Plaintiff: but, the real truth was, Mr.. was One Of those, who having a long purse, which he was conscious he could oot carry to the evil with him, wished to make the most of it in t ins world, by employing it in torturing his fellow- I cre atures. He was persuaded, when.he had deve rPed the whole of the case, the Jury would think •m justified in demanding exemp;ary damages, Pt to come out of the pockets of the De-- , er ' d ' i nits, who were the obscure instruments of " n°t t'er, but out of the, purse of Mr.. John Cator, Th eir , principal.. He.would prove Mr. joho Cator i v as the real Defendant, by sliming that he had h 'ee o n tampering with the Plaintiff's witnesses, and the th e Jury would put their hands deep in his full_ 4 " 11 4 puree of mischief. The circumstance of shoot , N _.; the dun g too k p l ace i n D ecem b er last, and no -4,1° og further w as heard of upon the subjett for some 1 ' "ths. I n t h e mean t i me M r . M organ, t h e Pl a i nt iff , ad desi re d hi s Agent, Mr : Ayliffe, to put a chain t i n t he gate. lii the month of April, Mansfield, an i . o Aend ant , W h o w a s t h e B a iliff o f 'Mr. Cator, d th e other Defendants,' who' wereD`iendant, the serva nts tni th e C arpenter employed by. that worthy Gentle dithought proper to set themselves to work, and e„,,,up the g ates an d posts b e l ong i ng to t h e Pl a i nt iff' s L i ' , and carry them, lilt° anothe r field belonging to tin t , W hat must the Jury think of such a transac land some of them undoubtedly were occupiers of of o i i . a nd were anticipating the a bundant harv est , fur the b ount y o f H eaven , i n sen di n g suc h fa o.l"le we at h er , a ff or d e d .a reasonable prosped. zhou'it,'lltist they t hink, if during t h e i r absence t h ey 2a 4 Lear n that their Landlords h a d taken off t h e sof their wheat fields. Such was the treatment -&„ qir had recei ve d, for which t h e D e f en d ants ' at 40.0 . baci insultingly . left them to their, remedy thi s I i t might he asked why Mr. Cator' had do n e Acquille could not te ll t h em exattly ; but he would thea," a " them w i t h some f a d s , w hi c h wou ld l et littl 3 intb the secret. Mr. John Cat or li ve d at ~deckenam, where fur mane years he had r e ig ne d ar c , P ara mount, till unfortunately for the cond os_ the - °bis domittion, a Mr. Jackson came toreside in vill and in a manner most honourable to him -1 a bout. t hat salutary reform in the affairs of the turcii'..h,),whichlong abuse had rendered necessary. His (4. tilt exertions naturally rendered him the enemy ' l ' l. .John Catjr. .Mr. Jackson, as well the, • plaintiffto, Mr. 'Morgan, held land, of Mr. John C 4-, Th t -w ho, irritated at the - interferenee of. the for- o,ser, resetite I it by thieatening to cut dOwn some 4`,na.r.nental trees before his house. - Mr. Jackson the 'Court of Chantery, for an Injury iota to him. Upon this occasion, the •present` - p :: e l e s ( t i r ti tut l iff had dared to adopt that course which Jos._ in e . , i t , e e rnanded of- him. ' He . had given evidence Court of Chancery, iri consequence , of ;tia r• ti, Cator f was prevented from carrying his f ailed ° cutting-down the trees into execution. He in that, point of injuring. Mt. Jackson. It . tvranl.d therefore be easily conceived that the present th e s r afti ° o had, in.a great mesure, grown out of lormer. There was .another circumstaoce.. whichre would clearly connect Mr. Cator with the he had to complain of; out spa h " Cator found fg Mr. Morgan's .Bailiff had . gone to live' L .? ; 11„0 Gentleman at Carshalton after this trespass 1j.e;.34.er eomMitted, to Willa place Mr. Cator -arid sent for him to come to an inri in the fiff t.te ' 4 ` 1 1 . :, De lny, ciltne ; d:-..2l;ll.e_rethe was waiting to see him. The Bai- Mr. Cator. desired him to .. glass of wine, and having primed him well, t o L " You *remember, • Mr. Denny, the J o te "tn• ‘• wricoaeltria ...Day last, you gave me pen_`'slon )3„o itt that held I lett to M. Morgan ?"' `fie a , " Indeed, Sir, I don't remember su c h' - (t ' T l / 4 ,1;. 40 ; yes," said M . atOr, ' 4 you t ake north er it will refresh your ie- - colle&ion. fou know I sent my 13ailiff to yoU, artcc you gave up the possession of the field ?" " I repeat," said the Bailiff, " that I know no such thing. The day after Michaelmas-day, indeed, a stranger asked me to shew him the way to the field let to Mr. Morgan, and' I did so, but i knoW of nothing more." ' Mr. Cator, finding he could make nothing of the Bailiff, but, on the contrary, that he ,was inflexible, left him in dudgeon: But (said Mr. Garrow) if this Miserable effort had succeeded, and ii could have been proved that Mr„Cator had sent his Bailiff, as he wished to infer, dia he 'think such a trick would have served him, even if the party so sent had dug up a piece of. the sea, and carr.ed it away in his pocket ? Did Mr. Cator suppose Juries were such drivellers as not to see through the trick ? If he did, he trusted he would be told ditfer, ently by their verdift that day.'When Mr. Cator found an anion had• been commenced• against his Bailiff for the Trespass, he ioterfered again, but in a different way, observing, that he was ready to com promise the affair, that it had originated in a mis. take, and he was ready to defray any expence Mr. Morgan had been at. Such an overture was very, properly ,rejeOed with the contempt it deServed and he would have Mr. gator know, that every man, however wealthy or opulent he might be, 'was amenable to the laws of the land, in common with the poorest labourer. But the condua he com plained of did not stop where he had left off—as an attempt was afterwards made to get. Mr. Morgan's Bailiff out of the way : he knew it would be said that Mr. Cator had not 'tempted the Witness him self; no--,he had read the Scriptute History of the Deceiver of Mankind, and knew that the Devil had not tempted our ComthOn Parent in his own 'per- son ; therefore, in imitation' of his original, he had sent his'evil spirits to praaiSe on'the who, much to his credit, was proof against s'edue_ tion, and could not be moved from the truth; and,' notwithstanding 'he had been' entieated to go to London, instead of coming to the Assize; he would be found to have withstood all such entreaties, and was theta present 6'• give his testimony...,Fle- had only one iiabre circumstance, he said, to remark on. It , might be argued that Mr. Cator had not commit. ted the Trespass for which the adion was brought, and that his Servants were alone to, hla . me ; yet, it the Jury should find him standing s behind his money bags, -ind sheltering himself. under the cover of his Bailiff,-he trusted they would clear away the ob. struetion, and bring the real D,dendant inch ; light, against whom he was almost induced to demand a verdiet artheir hands. .1-le,should, howeber,. leave his Client's cause in their haeds, and doubted not the issue would be honourable to :ttemselves, and, satisfaaory to the Plaintiff. Denny said, that at Michaelmas last he was the servant of the Plaintiff; who was in possession of a field called Goatherd Close, of which Mr. Cator was the landlord : he recollefted in Match last the four Defendants; Mansfield (IVIr. Cator's Ballingham, Norris, and Hume, the servants of Mr. Basset, a carpenter, coming to the field and digging up the posts and gate. The Witness left the Plaintiff's service, and went to liVe at Carshalton. He remem bered Mansfield, the day after Miehaelmas.day, say.. ing he had come to take possession of the field as a matter of form. The Plaintiff never gave him di. reetions to deliver tip the field. It was necessary to the Plaintiff's enjoyment of his other land, and he had ever iince been kept out of possession.—The witness was proceeding to state what passtd at car. shalton between him and Mr. Cator, but the judge did not think it evidence. - Mr. Serjeant BAILg said, there were two things he was particularly desirous the Jury should keep, distinft : the speech for the Plaintiff, and the proofs. He also wished them to separate, as much as possi. ble, Mr. Cator and the Defendants, for it wa s cer_ tain, that Gentleman neither bad entered into any bargain. to indemnify them, nor was he called upon to do so. He would, however, suppose this was a case in - which the Jury were to put their hands into Mr. Cator's pocket ; in such case, they ought to deal mercifully, because the 'Plaintiff had already received ample satisfattion, by the speech which had been made for him. He was persuaded, if, Mr. Morgan had been asked, whether he would have had tool. 6r Mr. GAattow's speech, he would have preferred the latter.. That the Plaintiff's obje4 was to have Mr. Cator held up to the ridietile OEMs neighbours,was evident from this—when Mt. Cator found there had been some mistake, .he apprized the Plaintiff of it, and said here are your costs, let the matter go no further. No, no, you have done wrong, I have you in my power, and I will take care Mr. GARROW shall give you a raring. This was not a case in . which it was necessary to enter into the history of Mr. Cator's life from the period of his birth ; the Jury were 'merely, to inquire what damages had been sustained by interrupting the pos_ session of the Close in question. The injury could not be very material, as the field was ptougbed, and lay fallow. If the Jury should be of opini o n the Plaintiff was entitled to a verdiEL he trusted they Would consider .that his °Neel was not damages, but to have Mr."Cato'r held up to the scorn and de tisioh • of the County of :Kent.. He had no doubt, they would deem nominal damages sufficient.' The LORD CHIEF' Betaota observed that the • Plaintiff had brought his A6tion to. recover a emit pensation in 'damage's ; for the injury done to him , by Defendants in removing his: gate, and forci bly'keeping possession of a piece of rand of which he was the -tenaht.' . The case had been - made our, and it was the province of the Jury;to say what da mages they would give for , such an injury. He thought Mr. Cator had extremely improper in taking possession of the. Close, under circum stances of such -violence- and 'rudeness. Had he wished to dispossess Mr. Morgan, he should hav,e sent hiin word of his intention, and have taken the legal means. He- had not done , so, and therefore was to blame. , He thought it a case that did not require aggravated damages, thou a lOpe thin°. more than nominal damages ono,ht,:tb bp given. A man ,was not to take: the Law iotoh isow hands, anti bid defiance to its effeals, becalise he_ bad a long.pursc; or commit la violence and trespass upon another's propeety ; , feeling little or no con ..:ern for any 0 damages that might hereafter be iwarded for such Condna. The Jury would see the pose§sion of the Close in question was airs.olutelyne cesSary to the Plaintiff's. accolninudxrion ; he Could nest go over his olicTii fa r, shooM be he deprived of it; without trespassing. Lilian the gtotindi of his neighbour. They would Ao remember; that the Plaintiff had been kept out of possession for along time-, and would decide aeddrdingly.' The. Jury retired for near four ihourt, when they returned a Verdid' for the Plaintiff—Damages One thildred Pounds. • This Trial excited a considerable interest in that pail of the county where Mr. Carol- resided. The Trials at the Crown Bar, as far as they have gone, are by no means intereting : Daniel Anchor and John. Jones were capitally con vided of uttering Forged Bank Notes in the city of Canterbury, well knowing.them to be false and Counterfeit. It came out in evidence, that a con siderable number of Forged Notes were daily taken by the Clerks of the Bank, and that so exad the imitation, that very few, excepting the Bank Inspedors, could detet them. COURT OF CaNSERVANCY. ON Thursday the 29th of July, the-Right lion. Sir J. EAMER, Lord Mayor of the City of London, as Conservator of the River Thames and Waters of Midway, sailed down the River on a, view of the Eastern boundaries of the City's jurisdiction.. An elegant breakta,t, with fruit, &c.' was provided at Sir RoglciT PREsTON'S rooms, at Blackheath, and his' Lordship was received on the platform by his band ofmusic and corps of drums.- After partaking of, the breakfast, his Lordship viewed the Docks, Watehouses, and iinprovemen3 of the Isle of Dogs. At one o'clock his 'Lordship, accompanied by "the Lady Mayoress,, Lady HAMMOND, Miss EAMERS, Miss DE VINES, Lord SPENCER, LORI ALTHORPE, Sirs J. B. WAttittri, E.. NEPEAN, SIDNEY A. S. HAMOND; the Aldermen, Recorder, and City Officers, went on board the Trinity Yacht, pre pared for the purpose, and lying off Blackwall, under a discharge of 19 guns, and the Band playing " God Save the King." At two'o'clockthe Fleet sailed in the following order, and consisted of The Trinity Yacht, Captain Poulter, g guns, tz men. Sir Sidney Smith's Vessel, the Nile, Captain Jones, 4 men. Aiclerm . an Curtis's Vessel, the Ply:mix, Captain Putzler, 6 men. Sheriff Cox's Vessel, the Albion, Captain Baker, to guns, 6 men. The Princess Augusta, 6 men. Three otihir entle mire's - Sailing-boats. Lord Spencer's Barge: The Admiralty Barge. The Witer-Baihlt's six-oared Boat. The Principal Harbour-Master (Capt. Snow's), six-oared Boat. They proceeded down the River, with colours and pennants flying, and receiving continual salutes, by guns from both shores, and the Ships in the river, and arrived' alongside the Nottingham East Indianian, Captain BARFOOT, off Northfleet, at four o'clock, where a sumptuous dinner was proyided, under an awning upon the quarter.deck, under the direelion of Mr. BIRCH. After dinner the Lord Mayor returned to town, and arrived at the Man sion. House about nine o'clock in the evening.' The company remained "on board the Nottingham, and in the evening commenced dancing, which conti. nued till eleven, when . the Ladies retiread.on shore, and set off for Rochester., At twelve o'clock the Gentlemen went on board the different Yachts to sleep ) and the fleet immediately weighed anchor, and sailed to Leigh Roads, about eight o'clock in the morning. Alderman NI slows, in the absence of the Lord Mayor, ordered the boats, and went on shore to the City -Stone on the Beach, near Leigh, in Essex, where they landed with some' difficulty, froni the high wind and swell of the sea. The ac customed ceremony was then performed, the City Sword being laid upon thestone, " Prosperity drank to the City of London," and a quantity of new ver coin and halfpence distributed among the popu lace. At ten, A. M. the party returned on board, sailed to the Nore, round the Light, and then made sail for Sheerness, where they were joined by the . Lord Mayor and Sheriffs, who sailed from Rochester, down the Medway to meet the fleet. • COrnmis sinner COPP IV, and the Officers of the men of War lying at the 'Nore,:.at Sheerness, and in the Med way, came on board and dined. The whole passage from the Nore, at Sheerness, and up the Medway, the yards of the Ships of War - were all manned, gave three cheers as his Lordship. passed them, -in compliment to the City and its Chief Magistrate, we believe orders having been received from the Admiralty for that purpose. The Ships in Ordinary displayed their Flags; the whole together, with the fineness of the, afternoon, had the most grand and pleasing effel possible to be con. ceived.. • ThF Fleet arrived off Rochester on Friday, about ten P. M.- and his Lordship and some of the corn. pang, landed, under a discharge-of cannon, and re. tired to the Crown Inn ; part. of the-Gentlemen preferring to sleep on board, where most excellent accommodation was provided. On Saturday- morn: ing the Lord Mayor Was waited on by the Mayoi and Aldermen of Rochester, to whom,- with the Com Mon Council, he -had sent previous cards invitation to dinner; but they were prevented .at. tending his Lordship to his •Jurisdietion, the .City Stone, near Upnor Castle, on account of the Session being then holden. Ac eleven A. M.• the Lord Mayor, preceded by the City SWord reversed, the Water Bailiff, his Lordship's Chaplain, the City Marshal, Mr. CAV ME R., and a Band of Music, accompanied by the 41. detmen, Recorder, and Sheriff's of London, Cham., berlain and Town Clerk, went froth the Crown Inn in procession to the water-side, 'and went on board the Yachts, where the Ladies atid•other Conn pany were already assembled. A discharge of can_ non saluted them from the shore as they went on board,: Which t Wai:retherned by nineteen guns. from the Yachts. The anchors were immediately' weigh ed, and the fleet SailedAown to the City bounda ries, near the corner of Cookham' Wood, a short distance from Upnor Castle. From Rochester they were accompanied by a vast number cf Pleasure boatst with Parties from that City,•which, with the Yachts, fitC. formed the appearance of a grand Re gatta; The cetlzronl7 at tOz ..stun! was )1-1 matniei as dr Leigh; and - finder 'the . tith.,rgc of can-, non, and at the return of the ride the Beet went back to ROCh6ter, - wi a' fine brecie :ifld fair wr..a_ ther, and landed order another discharge o eannort,, and moved from the shdreio proeessn to the Crown Inn. At five o'clock an elegant dinner was serveti up at the Crown Inn, at Ivhich were present :—The ,Lord Mayor, ,Aldermen . NEwNitAm,, Cua , rts, the Recorder, Aldermen SHASVi Le ICHTO'N, FLOWER; CL7IP.K, and RiGBYi the Sheriff; of London, Cha a n berlain; and Town Clerk. The Mayor, Recorder, Aldermen, and Common Council of Rochester; Lords SPENCEa t ALTHORPE, ;mil DARNLEY, Sir A. S. 1-lAmorip, Sir E. NEPEAN, Sir S. SPELL, Sir j. WARREN', Major Gen. BtIRRARD, Lieut. Gen. Rear-Admiral Rolv LE y, Commis,. sinners Corr Its and Hors, the Lord -Lieutenant. and Member for the County of Kent, the Members for the,City . of ROchester, the High Sheriffof the CoUn.. ty, the Captains of the several Men of War in Com mission, with many, other Gentlemen. Atter_dinnet, many loyal and appropriate ,Toasts Were given; among which were, " The King," " The City of London," " The Citjr of Rocheste4-," heavy discharges of. cannon taking place as those three .Toasts were' given, and the evening was spent with the greatest conviviality and harmony ; and aboUt eleven O'Clock, the party retired. The Ladies dined on board the Trinity Yacht, andveet. etP the Lord ,Mayor and his, Friends, with re peated discharges of cannon. Dean of Roches- ter politely offered to open the Cathedral Church, which is under repair, but which his Lordship de. dined, .and a Sermon was preached . at the Parish Church, on Sunday 4norning; the Corporation of Rochester attending in their formalities; accom. panied by the Members of the Corporation of London,- At two o'clock P. M. the Lord Mayor and his Company went on board the Yachts, weighed an.. chor, and sailed with a pleasant breeze to Sheerness, dined on board, accompanied by Captain Sutton, of the Amazon, who came on board the Trinity Yacht to pay his compliments to the Lord Mayor: In re— passing the Nore Lights some adMirable Fire.works were displayed, and they fell in with a Fleet of near 21.60 Sail, hound- for the River, by whom. they were cheered, and arrived at Gravesend at two o'clock on Monday, and dined on board. His Lordship and Family came on shore at Gravese,nd. at six o'clock, and arrived in town between eight and nine. - The fineness of the. weather, and/other concurring 'circumstances, rendered the whole the grandest - 4114 most pleasing aquatic excursion ever witnmed, and refleCted the highest credit upon the diredion, as well as evinced the dignity and opulence of the first city in the world. CONVICTS AT WOOLWICH. THE following is a correct account of the escape of some of the Convitas from Woolwich on Thursday last. From the confession of one of the men who escaped, it appears that the Convitas have some time had it in contemplation to attempt an escape ; and on Thurs&iymorning last, between the hours of eight and nine o'clock; they conceived a favourable oppor tunity presented itself for putting their plan in ex - - ecution. They were all on shore, to the number of about 120, and were confined within a building near to the waterside, where they are accustomed to' work, and which is fenced round with a high wall. The Keepers, who were - attending, observed no_ . thing more than usual in their movements, till on a sudden they rushed, out and seized some of theM, and others they knocked Own. The ring.. leader had armed himself with a large knif4, which he. had by some means procured,- and on finding that the Convias had secured :the Keepersr, he proceeded with the knife •to the outer gate., where a sentinel was placed, who heard a noise, but did not know the cause. To hi,n .the armed Convia, with several others, at his back,. addreSsed himself, and insisted upon the gate' being opened, that they might pass, or he would instantly run him through. The Soldier seeing him determined, back a few. paces, presented his piete i and shot the ringleader through the hehd. It appears that at the instant he saw the sen'tinel about to lire, he turned away his head, but.the ball entered the li4k,part and he died immediately. During the coalUsion 'circumstance occasioned, another of the C3oviCis was attempting to scale the wall, and was shot.it by another soldier, who with anany.othe,rs 'oy i tlps time h a d been summoned to the .place. The, h i ll from his piece entered the man's shoulder, but, 'LIL) ,doubt is entertained of -his recovery. Had they succeeded in passing the soldier, it Isys their intentidri to have seized ,those boats w:Lich are generally in waiting to, take the Conviasibn board the with which they would ha ' . e...cross....Td the liver, and by that means many of themw4(.l no doubt have got clear off. The alarm now, became genera)'; notice arras sent to the Garrison to the com Minding Officer .of the 'Artiilery, General LLOYD. Providentially both liorse and foot were out vu ditty that morn. ing, it being a geld day. lo les than a q,ttarter of an hour after the express arrived, the,whols .unitary force, abut 2000 men, was ,pl.lced at eyery avenue leading out of the tiwn. Tile horse were 'sta. tiomvd in Hanging Wood and its environs, iind.the loot marched instantly to the DOck.Jard. When the military arrived at the D iek.,yard all was quiet ; the great beidy of :he Convias were at their daily labour ; [nit 'the. ring -leaders, it was supposed, Fund eight or ten otherS, had .escaped, with the exception of two, the 'one' that was kiiled and the ,me wounded. After a very said search of several hours in Hanging Wood, and . the town, the whole were found concealed in different places about the TY:ek.Yard. the four supposed , tui,ave elciped-into the wood were found by the miiitary concealed under a quantity of timber the front yard, near- the principal entrance from the high road, and one , Of them refused to leave the plate of his concealment until a soldier man hi's bayonet tour inches into his shoulder. - The offenders werecar ried to 'the, dungeon and auiiim i down uiitii they receive their punishment. •No further d uhiance. 'took place, quiethess has ever' since reigned, and the Convicts go on with their work as quietly, as ii I nothing had .happened.