The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-02-11 00:00:00

A REMARKABLE CASE.

, The

The action brought by Mr. roynier, late Captain in
the 16th Regiment, for assault aud battery against Mr.
John Grey Vesey Porter, of Belle Isle, in the c ounty
managb, came on for hearing on Feb. 6, and attracted
& crowded audience in the Court of Common Pleat,
Dublin. It arose oi.t an axtrea riinary scone of vio-
lence, in which toe defendant avenged a supposed
injury by ptr,onal elms ieement. Ti... summone anal
plaint charged that the defendant assaulted the plain-
tiff, gagged and bound him, put him on board a boat,
wlrsie he was imprisoned for a htrgthentil period, cut
off his hair, and finally tied him up and bent him with
sticks. 1 d,mages were laid at SIO,OOO. The defence
leavened the plaintiff's avernients. A. itmng liar ap-
peared on both rid, s.

The Solicitor-GenoraLstatel the gag, rod the plaintiff was
exainlned to prove the Nal. Mr. Pointer is the son of a
gentleman of property In the comity of Kent. lie joined the
10th Rsidenent In Uri) and saw some active service. Last
yew while tho regiment woe at the Omagh he rent in Ills
papers with a view of retiring from the army, and while th, y
wore tinder the c matelsration of thenillitary authorities a
portion of the battalion went to 14 iLiskillen, and he was the
unlor clinker stit.o.ied Cure. Ile wan popular with the
gentry of the county, and made the acquaintance of the
defendant, a gentlem..n of position and of largo means,
who lives .1 71 piotoresque rpet on the margin of Laugh
Era.. After the plaintiffs commission had been sold
he remained tor home time at Enniskillen en • visit
with the riltic.ers of hie regiment, by wituns be was much
liked. int Mainstay, Ike d of December, he had made
arrangements with hit own on ripany to hove a photographic
group taken. At ten o'clock in the morning he was in his
own bedroom, when a man named ()iloran, the defendant's
butler, called and told tam that lira Porter had sent him to
may that she wished to see him on the Dahlia-road, near the
Model boo!, which loon tbe rustithmi ationt a quarter of
a mile from Eanlekillen, and to the directiou of Mr. Porter's
residence. He replied that he could not go. Oldoradt came
a .0, 0,1 time with a more pressing message, and again
he refused to go At two o'cl,.ck the butler returned
and mid that Mm. r.Pter was surprieed that Captain Prpnter
did not go to her, nod that if he went thou she would not
detain Illm floe minutes. The place to which ho was invited
was on the coach road to Dublin. When the third me s cage
, came he was engaged in the barrack square, and lie told
crhf t that he would go, and walking down the road be met
Cite bitter coining for him rgnit.. Olcicraf t told hint that
Drs. Porter w.ts in. 'mat under the bunk at Killshevlln, a
:7.115 country eat within a mile of b.miakilleu. A' ter he hid
• ab int 150 yards d we n hvenne leading towards
Olt be.,i'n, Her nnin sprang nit il* freer,
. ol shit , usetil bin, ciettivg • it liu retreat. O. el them then
I gagged him with a strap, amethe; garotted him, aciztg bim by
the throat from behind, and they aim find his a rids with a
rope. They carritd hint to a boat, lu which he saw Dr.
Porter wilh two guns. which he afSerwardv saw were capped.
tlavhnc thing liim to the bottom of I he hint they threw a
sag ion r him nod rowed away. The defendant held the strap
hicti served es a gag tie sucemded in getting the strap
from across his month and asked the defendant what that
treatment Wall tor ; Wit he dad nem lue him any hum.

defendant replied, "Lie down, you blackguard, or I'll
strike you. You know what It is I. r ; the unfortunate
woman has confound." lie made no reply. The defendant
struck him repeatedly with his tint during the pausga
down the lake to Belle into. Both his eyes were blacken, d.
They were fully two hours to the boat The defendant called
for a pile of seiPsors, and, taking nem in his hand, said,
" Now, Jam going to put tile Bill Isle mark on you. At
tha' time he had pulled Mr. Poynter towards him, and had
his head flied between Ills knees. Ile cut off the plaiotirs
hair, and while so &paved remarked, "Perhaps y ,
like to und a lock of you hair to your lady fete,. Os at
Boullekdien " He wan then put back to his former povltion
in the bottom of the boat. The defendant !thug 5... t 'r on
him from a tin pannikin repeatedly during the passage to
Belle fete. ii, arriving there the man unfastened the ropes,
and walked hisu uo Lawson them to tin terrace In front
of the house, where two taro upright beans had been erected
with a tranverse one connecting them. Mr. Porter told hts
Servant; to keep the big bell ringing and that the bugler of
his band should sound the alsembly. The plaintiff was then
, secured to the transverse beam, his feet barely touching the
ground. Two whine were brought, with one of which Mr.
Porter nomad i need to flagellate him. Ile broke the whip
against one of the upright posts, and then got the semmi,
ilaytng as he took It, "Now I will show you what I am
going to do to a bl ickguard English officer." lie flogged
him for about ten minutes and that) went away, after saying
to his met', " Boys, this is the bent data work )00 bane
done yet; I will give you each £5, and, Micron. I will
give you £1.0." During the [toning one of the bistauders
said "Oh, Master John, that Is emugh." There were several
persons present In addition tether° who had come in the boat.
After the flogging was over he heard l'orter say, "It the
blackguard wants anything, glee it to him ; give him a glass
of sherry if he wants it." Me. Poynter said be would hive it,
as he was cold and wet, but he did not Ket it They said
there was none in the house. Be give one of the men money,
and he got some whiskey for him. Ile was driven towards
town in defendant's private car, and then 'proceeded by the
post car at bin own expense Ile Man very 111 after the treat-
ment he rem ived. Counsel commented strongly on the false
mess ige by which the plaintiff was decoyed and the subse;
quilt conduct of the defendant.

On croterciituthatlon by Mr Butt, Q C , the plaintiff ad-
mitted having received letters from Mrs. Porter, one of which
come after she had left her husband's house, on the 2dth of
Dom mber, and was in these terms :—"1 told the truth to try
and save them all. On, eear, do the same, and all may yet
be well. Forgive your little 11111 w; alone, gait° alone to.
day." Mr. Puytiter stated that he had not Om slightest idea
wnat she meaut. He sent no answer to that letter. Ile was
to lee alone in a room with Mrs. Porter alter a ball On She
last occasion he was over two hurl with her. Ile admitted
having said that he believed she was trying to seduce him.
lie °l:posted to go and see her on °emulous when she
was alone. He did tint like it, and thought she was
gAng on foolishly. Ile knew that Mr. Porter would
not bo at home on the occasions when he remained
alone with her. The doors might have been barred, hot be
did not think they could have been from the inside without
his knowledge. He disliked Mrs. Porter speaking to him
about family matters, and told her distinctly that she mast
not do so. lie took core to act coldly to hot, tllld disabuse
her mind of nosy Idea, if she had any, that he regarded her
otherwise than anon acquaintance. He had met her at Mrs.
Greer'e home and at her father's, also on the road walking
with her maid and driving with's friend. He walked two
miles along the road with her. On sloe occasion of his last
visit to Bellehle she told him that she was living unhappily
w.th her husband. Ile admitted having reLeived the follow.
lug letter :

" Oda er

"Dear Captain Poynter,—lf there was the least domes of
our meeting without my surcesting a way, I cersalnly should
not Ia toe lint to write, but you know very well there is
1101.1 P; so i wrote to you on Tuesday and Wednesday, and
asked you to come on either of thosa days; but, ace!
you neither wrote nor cans. Ah! dear love, have you so
soon forgottan the last afternoon you spent here, and
last seurday,—how you faithfully promised you wnoll see
me again? I cannot believe you can be no crust as not to
keep your promise, but this suspense is fearful. You
would pity me more if you knew how unhappy I felt when
Tuesday and Friday passed and you never Come. It It is
oa .I.'s account you will not come, I now let you know that
he is going from home to-morrow, and will not be back tdl
Thursday. You may think me very wicked, but what can I
do, as II I do not let yon know, how can you tell what to
do? Alt ! dear love, do write to me to-night !In the enve-
lope encloseo and lot me know tomorrow mornieg ; either
say you dent want to see me any more, or else say you will
come Monday or Tuesday, between 3 and 4, and put me out
of this misery. If you come twill not repeat what I said on
Sunday, nor ever ask to see you again. Alt! darling, don't
be angry with poor little Eine."
It was after the receipt of that letter that be had the two
hours' interview with her. Ile had met her by app dotment
in various places, and ho received the I allowing letter from
her:—

"Dear Captain Poynter,—Perhaps people might make re-
marks If we both appeared at Inolamore, and mother aud
slater are to strict.; to I thick you had better come here at
three o'clock tooteil, and we can have as pleasant a walk as
Oil! lilt! Jahn went to Dublin this morning, and dires not
return until Saturday, so, of courae, I am rather lonely, and
hope you will came and give me an account of the ball, it:.
If you get this document to-night you might write me a Due
cy return of post, so that I may know it Is all right ; but If I
don't hear to-morrow I shall still expect you P."
flu believed be saw her on the occasion referred to. lie also
gut the f 'Hawing
• I have thought that you hal better come later, leave
linuisktilen at a quarter to three, so that you will be at the
gatehouse at four, and 11l meet you If you ride I know
a place where you can put up your horse withoutgoing up
to tbe house. I hope the rain won't stop 'on, as I don't
know any other place, so don't disappoint the poor little
woman."

Before one of the visits in which he saw her alone he received
the following:—
. The Belfast expedition has come off at list, and I am
alone in my glory, arid will be until Tossday forenoon, to I
h dye you will come to morrow between lour and ilea, as I
Waal to ask you tometlislug„ and we are really going away
next week."

He acknowledged having received the fell tering lengthy
epistle:—
" My dear Leon ard,—l have had a most sensational week,
and really must give you an account of my adventures. To
begin with last Tuesday. Accordmg to my convect I went
an an early hour to the parental roof, and tried to make
mother ' listen to my tale; but eke meld 1 wee humbugging.'
My father then appeared, and told me to leave the house,
and actually locked the hail door, so that I should not
enter tg tin Marion and I then (without one 'guardians"
knowledge) departed ha m Eunleklren, and then were
Induced to go on to the ' meet.' We had to got our
dinner at Gordon's, the grocer's, as we were afraid to
return to ludsmore. I. the afternoon mnther came
into town to make inquiries for Iter daughter, but no
one could give any Wet:mat:on. However, she did catch
Os, and nearly pulled Marion away from me. It was after
Hat a, saw you and J. lenndrum. Father was furious with
Marton when she returned, locked her in her r mm, and
made her apolehize for what he called her 'lenity etc
duct • In going with me. I did ry.t, venture a atcond trip
to Innismore, but came home. I returned at Midnight.
Ile CM)ne into my apartment, and sold, 'Hal Captain
Poynter been here ethos?" To which question 1, bet g
nearly asleep, did rot renew], end sae left to mrolf tor
the real of the ee'gtes. the wenneselsy Irvine brought me
word that I was to freakiest In cry own room, and that the
canine was ordered at eleven to couvey me to Inninnore. I
had no cp7oetonity given me of tiling that I had been en.
pelted from there the previous day. However, I made
up my mind to give them ell a good fright, and I told
Hell. to pack up some clothes, and that I was golng to
Dublin I wanted her to come, but she teemed quite
alarmed at my proton! At eleven o'clock I descended to the
carriage, KA told Kerr to drive me to the Eoniskilleu
statltin to be ii time for the one o'clock trAtt, but Kerr said
he had get strict-Orders front the ' master' to leave me no-
warn., but to proceed to EanMkittee. Of course, I was
late ter the midday train, and hardly knew what to do next.
Just as I was driving up the town I saw Nichol.. Archdall.
lie made Die re.ire Into MI. Gordon'. sitting-room, and gave
me shine lecture, as, of courts, I bad to acknowledge my
deeds. lie insisted on my returning tied to Innismore, and
while I wss getting another sermon there he went on to
Belleitle, and found J. in • frantic state, not of t.inger,, hut
. . .

'grief ' Wl:en I got back I played my cards in flee style,
and pretended to be highly indignant at having been sent
sway in such huts. be we are all now in a state of
serenity. I was rent foe to go to Kilekerry (my
father in-law'e) on Friday. M. nod I both went and gut
another magniflunt lecture. Friday was the day we ware to
hate gone to the meet, but Kerr got orders on no account to
drive us even to Euniskilleu Is it not a ahem. 1 We came
bide on Saturday, as I cannot stand mother.tu-law's lecture,
soy longer. Nicholas A. and one of my alders-In-tow came
over here and Nicholas told me I took the effete too easy,
and I curtit to be more repentant; but I do not Del the
Dant bit repentant. and I only wish last Monday were
coining again. What shall I do now? They won't let me
icto Eoldskilleu, and Marlon is shut up too, and you canuot
come out here, though, of course, you don't care; but I
should certainly like the prospect of some more pleasure,
hoeing been in such an agreeable state of anticipation for
the lent seven weeks. J rays he will coke me to London
the week after next. Cannot you turn up there, too? It
will be to 'nice • if it will give me something to look for-
ward to ! Ah prombe No one will know, as lam
going to teas good as gold for a long time, and should like
to see you again. J. does not blame you one bit. 01 course,
he knows it was all niy fault. I once told him I wrote to
ask you lo come. I did not, however, give any further par-
ticulars, and there will be no more said on the noblest.
NJW, I cannot know what you mean to do if you won't
send some kind of answer. If you are afraid no write,
cannot you, you are an clever, think of sonee plan ?
I have St an idea on the su,Jec: which will et,. Can't
you gel a piece of music, or anything star—they will
think is is something I have ordered, and so wilt Jollll—
will he as,e—nt same shop In Enniskillen, and let them
direct it to me, and you write a few lines to me, and pot
them inside, and toll me w hat you think of the Loneon
plan? I Men°, if we do go, how am I to kimw whore you
will be? I forget where you said. How much longer
are you going to stay 111 Enniskillen ? I thick it w.lt
be very unkind of sou if von don't let me hear from 3011
nolo in some way. Do thick of somata-Aug else if what I
suggest won't do, though I thick it is a capital Idea. You
will get thin epbtle to-morrow, and 111 don't got some kind
of an answer morn you I shall think you are angry with me.
really 'eel In a miserable state, though they don't know
It. It seems such a long time since Monday. Every one has
baen angry with um; butt don't mind (aucl they dried& know
all my affairs) ill than are you again.
'floa't tell of ine—llallow's Eve.. "ELLIE."
lie was crose-cxamined as to whether a lady and gentleman
did not leave Lie :lamer tablerat leolunore hall whoa he was

_
there, and al to his boasting that Mrs. Porter Was not the
that woman he hademade miserable. Ile denied Lb, latter state-
ment. Ile solemnly swore that be never enatke to Mrs.
Porter in an improper way, and never gas, her the least
occasion for supposing that he regarded her w ith affection.
The plainVif a ease t ming closed,
Mr. butt proceeded to address the Court and jury for the
defendant. It was certainly, he raid, a very serious cries,
and furnished an instance on the madness of human passion,
and ot the cens,quences of Inman w.aliness. The case
WAS a record of WOWIAII24 folly and man's terrible passion--a
record of man'sbrartlese cruelty. WA client committed the
assault. Pie admitted It. but it was nut an assault committed
bar4arity. 'Mel bad heard the doctor state that he was not
badly beaten. There were circumstances of indignity the
deepest that one man could heap u tton another. No doubt Mr.
Porter had acted wrongly in taking the administration of
the low into his own bands ; hut there were two things
to be considered by them in as‘e.cing the damsges Is, a
ease of this kind—namely, what amount Isight the defen-
dant to pay, laid what ought the plaint; ff to receive? It
Was the lowest of these two things that should be the
measure of the &magus they should give. The case,
As they Ind heard, would come before a criminal ttibunal,
and he wan unite sure it was not at the instigatlei of
the plaintiff that such proeemlings Mei been instigated.
His elient would be ewevicted of the ionnalt in that
criminal court Nu jury could return • s emict of "Nat
guilty " in the c Ise ; but he hail no douht tbe judge who
wenn] go down to try it would temper justice with mercy.
He s Oaid not forget that pension betrmed Mr. Porter into
a breach of the law for which he was now sorry; he
mourned for the 000USTOliC0 now himeelf. The duty, liow•
ever, which they hail to discharge was to say what damsges
Captain royntor was entitled to muter the circumstances
The lamed counsel then reviewed the evidence, and ad-
verted to the correspondence, and concluded by expressing
the confidence he felt that, in the bands of the jury he ad-
dressed, the case would receive a sales and a Lair cumuli na-
tion.
It being then hal-put five o'clock, the Cold ad-
journed,