The Express.
London, England, 1857-09-25 00:00:00

THE EXPRESS, FRIDAY EVENING, SEPTEMBER 25, 1857.

THE DRAMA.

DRIJRY-LANE.
Mr. Roberta, the American actor, ham appeared in
the clam, tee of King Loar,—• character which hem tumid
to the abeam the powers of our greatest tragediens. Mi.
Roberta I. not a gnat tragedian—he la not a Herablik •
Lean, or • Ma ready ; but he hae awry considerable milett,
sad, as actors go, may be accounted • good actor. He le
well made ap, and, with his muted features, Over babe,
and Sowing beard. looks the aged eo•enlgn escordbily
, though his stooping and tottering walk indicates •
degree of physical decrepitude net quite collision
with the !madmen of his voice and the moray
of his gestures. to the earliest phase of the eb•-
r•oter, the old king's hot and impetuous temper, and
bents of sodden parkin, are well szpremed. The wane,
la particular, where, falling on hie Immo he invokes curer
on the heed of his uanstural daughter, hes • powerful effect.
Hie and somen consist too much of violent and continuous
raving, and lark those gee end delicate touches of nature
which are Indicated by the teat. He is too emphatic and de-
clamatory thsoughoet, and his acting, consequently, meats
somewhat setiacial end conventional. Greater simplicity
would be aeon pathetic. On the whole, however, his King
Lear la a meritorious perfunnanoe.

The play, as acted on this oreseion, can hardly be called
Shakspeare's. It n Tate's adaptation , one of the most im-
pudent of the attempts, made it an age when dramatic taste
was at its lowest ebb In this country, to improve the text of a
pow whose greatness was not appreciated and whose cha-
racter was not understood, Mr. Nahum Tate, one of the
moat stolid of poetaster, oinesived hinerif capable of making
fey Lear AS to ho prinadad to • phis redisnes, and with
this howlablo impose nainglad the play most nomaralhally—
tannging the per, rat*. oat ebaractiwa, and stufilag his
own Instins and nenabylennby into ',my Kans. In these
dapt, wins einkspanro is so wed known and understood, we '
sower expeinsd tow snob an abortion brought upon the
nog% or loteratal by the public. Were Mr. Phelps
to do soh a thing so Islington (which, however, las
weld new imam of doing) the whole of that chancel re-
gion wouM rise in " a flood of mutiny- against him. And
yet this II dons by a Theey-hike sower, and peseta current
Vigil a Deny-Isse

The actlai of moat of the parts b respectable. Mr. A.
Tsang% as the Earl et Imet, give. a plowing picture of the
half emote homeaty and blantnem of the King's old and WM-
fal memst. Mr. Stuart plays Edmund with boldness and
NOM; and Kr. Italton'e Edgar is very good. especially in
the some at Maned madness. Miss Morell and Mr.. Vickery.
as Oa he& sod Rep" am tall, stately, and cold, such as
them two amiable damask, might be imagined to be ; and
Mir Potties• snakes • pretty and interesting Cadet*
though the eharactar is cruelly maltreated by the folly of Mr.
Nahum Tate. The Fool—that boantifid creation, 'which is
Macmody's day waa sada so starting by the fine acting of
Miss Horton—is hit out altogether!

lab Initlligmct.

INSOLVENT DEBTORS COURT.—Ben: 24.
(Bdure Yr. Comisissioner Murphy.)
IM 11 SAWEI.II7.LDIM9 syLeceir.

This iosiltrent, • retired commander in the Navy on
belf-pay, wee omosed by Mr. DORM for Mr. Cure tailor,
sad by Mr. Reed for Moms Prater, army outfitters. Three
creditices opposed in person—Mr. C. V. Luria, Mr. Fenian,
sal 11.. Coverdale. Mr. gar. onworted.
In 1841 the insolvent was Meths.•rgid under the act, when
the dab were 17,4004, end semis is 1847, when they ex-
ceeded 10001. He now owed 611,7 and had 68 creditors in
the inhabit. Hie half-pay was 1201. a-year, and 401. had
been deducted render his last insolvency, which had been
paid for some years, and was reduced about two years ago
be IN. Iffie said be bad • wife end nine children. He had
two saes is Ike militia who were supplied with uniforms
by Mr. Curistris sad Metes. Prater. Mr. C. V. Lewis,' debt
we, for getting the am set aside in this court reduced ; Mr,
Penton'e was a debt ibr tuition to one of the sons, and Mr.
Coverdale for board sad lodging of the insolvent and soma
females, whom he introduced as hi. " sisters," but the cre-
ditor said they were females of smother c whom he de-
nominated prostitutes ; and Xt. Vernon also that the
ineolvail bad been keeping • woman at Tu -green,
who pained as • " sister," but filled • very difforent position,
and was a second Mrs. BlllkFleY. In addition to the ipso'.
vent's eau pay, he bad received from friends shunt mi.
year. He denied that his wife had a separate inmate. One
of hie sons had been called to the bar.

--171r.nrwee went over the schedule end elicited that when
the insolvent contracted the debt with ILL Curlers, in I&S6,
he was owing a number of small debts, which he admitted
he could not pay.
Mr. Commaskiner Murphy rid it was a CM for • pro-
posal or for • long judgment. Without enterinc into the
extraneous matter. mentioned by the two i reditore to pecan,
it was evident that debts had been oentracted without rerun-
able expectations of payment.
A discussion arose, end the learned Commissioner thought
m the radare were willing to accept a proposal, that 2.51.
a-year should be paid, in addition to the IS/. under the former
insolvency. Per ft would be the bet thing for the
iasolvent to take the judgment of the court, as he might
soon oome again if he had to pay 401. a-year under the two
estates._

Mr. &mood meld Mr. Commie/tow Phillips had Mitred
it from 404 to 161.:""---
Mr. COMlldllikeW Murphy remarked that the court was
not aware that than were several Mn. Beasley@ at the time.
tildarataly the Judgment was taken, and the court gave
one of is ,sadanstratits at the sit of theoppceink coeditors
from the noting ceder on the 18th of August, remarking that
nth. ineolnat went to pram in June, it would keep him
congaed skeet nine recede.

IX II TIUMIRICZ BARTO,r.
Ttai Easelvied, • tailor arm beard as Wednesday. He
area opposed by a Mr. Pallett for 13/. damages smd=
in an unioa for Wag lopriainatant. The era was
on • brow occaaion.

iWomangswajAmmadalmostimi.

CLERKENIVELLICOUNTWOURT.—Serr.'22.

(Bei;re Sentient Jere.);

CNAPItAIf C. RAPTATILE.—A DIRIBT TrIIN OUT.'
This was an action to rezone tnemay paid to the defendant.
Mr. Orridga, the barrister, appeared kr the plaintiff, and
stated the nature of the claim. The sum sought to be re-
covered wee 91. 2a. ed., of which 62 6e. was paid to the de-
fendant for hire of a phaeton and pair of horses to convey the
plaintiff and flea trim& to the Derby, Its. for expenses on
the mid, and the reminder for the value of some wine left
In charge of the peetboy, which was not forthcoming when
that worthy strived in town.
The plaintiff Mated that the defendant wair-• livery-
stable. keeper, and a few days before the Derby he agreed
to supply a pair of good hones and phaeton to con-
mslknaself (pkintiff) and en friends, including four
to Epsom Downs in Ant-rate style, and upon the
faith of hi. praline he paid the sum required (62. In ad-
vance. On the morning of the eventful day the " trap" made
appsaranes, but with trey suspicions-looking cattle, and
by the lime Bleekeriars-bnige wm reached the pan became
m wretched that it was doubtful whether they could precool.
However, by dint of perseverance and unflagging exertion of
the postboy they got as far m Ewell, but one horse was
''dead ban," and had to be removed from the vehicle to •
stable. The journey thence was ;informed ingloriously—cme
hone to the pole. Witoess did not mind the pace, but the
running-der of "chaff" to which they were exposed was
" awful." Arriving st Epsom after the that roes
wen over, waited till the great event of the day had none
off, and then, is • mond hone waa not forthcoming
they left the course is dry came, with one only, amidst the
shoots of derives of the "noble sportsmen" by whom they
were surruunthd. They were at last only too glad to abandon
the comers, and eventually made their way home by rad.
Ths wine they had not consumed was left in charge of the
postbny, and waa never seen again by wither. Whether it
evaporated in the heat of the weather or RN consumed in a
jollitication on the road, was • mystery, Hui invent of which
we. hidden in the pombny's or rime one else's beset. Curtain
it MY, rata never SSW It more.
Mr. aye, a publican, one of the party, confirmed the
shove, and spike to the disappointment of the ladies at the
shableinem of the tuna-out and the failure of the "saver" of a
hone. He also deposed to having supplied the wine, Its
nine, sad the mate of the hamper when left in charge of the
faithful powtbny.
The witesean were erothemninad by Mr. Jay, elicitor
for the defendant, who endeavoured to show that it we. un-
likely so math wine would be left unconsamed as stated, sad
that the failure of the horse was attributable to the heat of
the weather.
No witnesses were called ler the defence.
.

The Judge gave judgment in favour of the plaintiff, incept
ea in the ciao, about chill he wad aot dear. There had
hem s breech of contract, end the plaintiff was citified to
the 6f. esand the expenr on thyroid. Thedebadenthavien
peed 61. Into court, he should ceder ea addftiosal V. to be
pled, with ousts.

Mr. Elliott remarked thattie case had been remodel In
order that it might be shown, if such was the fact, that the
statement made by the prisoner that he had taken the snicks
by the eathoeity of his mother was correct. If the mother
wss la attendance, she ought at once to be called.
Mrs. Elisabeth Andrews, a care-worn looking lady, mitered
the witness-box, and mated that the prisoner was her mon. It
was with her comsat that be had taken the property in vase
Moe, far at the time the family was without food, r indeed
an=agbm eat.
both Andrews, a lady-like girl, who gave her
evidisme in the clearest meaner, proved that .he was liter to
the primmer, and corroborated genteelly her mother's testi-
mony with respect to the neglect of Ler father to provide the
family with proper food, and fully proved the statement
originally towie by the primer.
Mr. Elliott remarked that the son had clearly acted on the
authority of he mother, and therefore no charge of felony
could be sustained. The inquiry had presented a painful
end melancholy picture, but the prisoner must be Imme-
diately discharged.
The accused then quitted the dock.
Harry Hell, a young man of fashionable exterior and de-
portment, wee brought up on remand for further examina-
tion on a charge of uttering forged cheque well knowing
them to be forged.
In the first came the pr Boner asked Mr. Colnaghi, an
artie, residing i ding n Camden-town, to procure him change for •
cheque on the London and Coned Bank. The cheque par-
ported to Le drawn by • Mr. William Green and wee for the
sum of Mr. Cohisghi procured the change at • feeler'
and gave it to the prisoner. The cheque Ma diabououred.
Similar charges wereproved against the primmer.
Mr. Lewis sold the would reserve his defence.
He was fully ad for trial on all the charges.

CHR4P ASSAULT.
(Pi tba Brwl post'? Mowry.)

BRIDGWATER BOROUGH POLICE, Beer. 19.
F‘TRAORDIZAIT ApAVIA CAB►.

Magistrate; pmt K. 404; Both, RN.,
Dr. King, Dr. Sewell, Tho‘ana Sully, Esq., and John
Sealy, Esq.
Mr. Henry Upham, secountati.'• wee eboeged Upon $
warrant with haring, on the lith of September, maliciously
Indicted grievoua bodily harm upon the Pemon of Mr.
Samuel Selfe. Both parties occupying si2perior position. in
society, and being well known In Bridgwste.-. the court was
crowded with Femme =Moue to bear the
blr. H. Lovibcnd woe retained for the compbtinant, and
mr.l9neo:Trevor. for the defendant.

-,-- —. .
Mr. Lovibotid said he appeared in this rue em behalf
of the complainant, who Is clerk to tho mortgagees of the
Bridgwater and Taunton Canal Company, having held that
office for 17 years. The &fondant, Mr. Upham, was clerk to
Mr. Farquhar a merchant of this town, and a jostles of the
poses. He Weir. Lovibond) came there to complain, on the
pert of Mr. Ile, of R most gross and brutal attack cow-
Knitted on that gentleman on Thursday morning—committed
under eirenmetancos of great aggravation—committed not in
the heat of portion, but in cold Wood—committed In the open
day, shout nine o'clock In the morning—committed Ina publit•
thoroughfare of that town, while Mr. Self, was walking
towards his usual place of business. Al the complainant
wee walking by the ride of the river, near the pottery a
person mine behind him and commenced a violent allack'by
striking him with a stick acmes the ahoulderelie: that Mr.
Salle did not know whether he was ant upon en Indian
Sepoy or a returned convict. Not satisfied with • stick, him
assailant lived his Bate, knocked him down, threw him to the
ground again when he attempted to got up and while he was
down cowardly ortniek him vela and again, until the popu-
lace, who came round, interfered to prevent further outrage.
Mr. Self, suffered, in consequence of the assault, great pain
in various parts of his body ; his upper lip was lacerated and
Wed profusely tho akin was knoc- kcd off his ankle, and be
felt so unwell that ho was obliged to consult a professional
man, and to stay at home the remainder of the day. Since
that time he had continued toc suffer horn the blows he had
received, and his face end lip .ere still swelled, am the ma-
"ideates would see. The canes of this weault he was at a
Was to underatand. Mr. Self. had had no communication by
word of mouth, directly or indirectly, with Mr. Upham for
eight or nine yowl. 1f the defendant had any grievance he
oould apply to that court, or any (~:Let in that country,
which were open to the humblest Individual In the land to
receive any complaint their., of being made. Mr. Upham
had not so acted, but had resorted to lynch law, repagemst
to the feeling, of all honed Englishmen. Aa a peaceable
Inhabitant, Mr. Selfe asked for the protection eta* law, and
he was quite sore he would not ask In vain.
The Town Clerk, who ailed as magistrates' clerk In the
absence of Mr. Smith, inquired on what charge Mr. Lori-
bead proceeded I'
Mr. Trevor said it was evident, from Mr. LovibonrEs own
statement of the COIN that there was no grievone bodily
harm. The pr./tentoe was in attendance, and did not show
any such injury.. The charge did not come within the legal
definition of gruesome bodily harm.
Mr. Ford—lt comes within the term " malicious assault."
Mr. Lovibend—This is a use of violent assault, over
sthieh the magistrates have no Jurisdiction, and moat mud
it to the quarter freebies. The bench, however, will have
to decide whether I have nude out a cams for committal.

The complainant Irma then sworn, and after he had rent-
numeral his eridenre Mr. Trevor, interrupting him, said, " Do
yuu consider an oath binding upon you Y and do you aspect
punishment hereafter if you break it t"
Mr. .:Sella-1 do.

Mr. Lovas...lid—l am surpi Ord at stub on ohjecdot coming
from my friend.
Mr. revor —Let 111 know whether we are going to hear
what is legally binding upon • men's eonacienee.
Mr. Self. then depmed—l am clerk to then mortgagees of
the Bridgwater and Tsnnton Canal Company. I have been
t their employ since 15.50. My office is at the dock.. I
know the defendant by eight. Ham not changed • word with
him during the lam four or the. years—it may be Mwr.
On Thunder morning last I wee gving towards my office,
about nine o clock. When I arrived at the pottery. nee Mr.
Underdown's how*, I heard running footetepe behind me,
as if some one wee trying to overtake me I did not me who
it walk but lannedistedy efterwarda felt • viotent blow amass
the upper part of my back, neck, and Moulders. The blow
wee produced by • Mick, which I afterward. new in defend-
ant'. band.. I turned pound to see who it wee, and saw it we.
Mr. Upham, and observed that he held a stick elevated in
his right hand. He struck a back-handed blow at roe with
his stick, which !Ferried with my left arm. The Mick, how-
ever, struck my left cheek. I 'reaped the Melt, and endea-
voured to wrest it from him. Mr. Upham did not let go the
etiek, but amok me a blow on the cheat, sad a blow en the
mouth with hi. fist. The blow on the mouth caused me to
fall. and made my lip bleed profusely. The swelling and
laceration now perceivable were produced by it. After I wee
down defendant gave mo more blows with hie Mick on my
head. arms, and ride,. The skin I. knocked off my left ankle
by • blow I received front a akk while I wee upon the
. Dy thin time a number of women, men, :tad chit-
rrd had collected round me. Sea rah of them interfered,
and said, " It is not fur to strike a man when he is on the
ground." Mr. Upham said, "D--n you, I'll verve youout."
I was not stunned, but wee in a matured state of mind, and
don't remember accurately what took place around rue. I
was masted up by Nome tine. Mr. Upham left eis whom he
sold, "D- a you, I'll serve you out? I then went to my
office, stayed there Italian hour, and felt such pen from the
blow. I had received that I was unable to dice my
dome. I went to my modral man, and there Muted freest
the effect, of the ill-urge I had sustained. In. el went le
my own residence, and remained there the whole day, partly
from being unable to ge out, and partly from being di.*.
irund. I have suns, and now do, wrier pain in toy jaw,
my aide, and ley ankle. I fed in at night, and cannot
deep from the pain in my left mile.
Crosivelawined--When I wee walking on the river's bank
I did not see the defendant behind too. Until be cisme up to
me I did not know be was behind me. Where this took place
we. not exactly public. It was within view of Chiltno-road,
and in the broad fam of day. I ant quite ewe the first Wing
that happened was not Mr. Upham ...Mug and biking em
by the collar. Him did melee me by the collar it ern, simul-
tmenuely with the blow. Have no doubt the Mick produced
wee the one used. (A thick waking-cane.) I have seam
Mr. Upham walking with milt a mirk. I have the mark of
• weer, blow on my Mile. I walked to the dock alone, num-
eisted, and without any dia_rulty. The dimmest was some
300 or 400 yet. I was obliged to desist from work after I
had been in my office bait as hour, and then walked alone
to Dr. Sewell's house, about half • wile distant. I had •
feeling ,4 faintnom there, but wan not ectually inamiable.
I raw Dr. Sewell ; be ordered we to foment my lip, and maid
the cut thereon being inside could not be plaster...l. I had
rold voter for the faintness, and warm wafer for my hp.
He gave me on physic, but told no to keep quiet, and send
for him if I felt any extraordinary pain in rho head. I felt
no pot h pain in my head, but Dr. Sewell called to see Ma. I
walked alone from tho dortor's to my home at Salmon-
parade, about a quarter of • rode nets I ate my dinner with
difficulty. I had a little haricot mutton, end drank water
to it. Could not smoke • pipe or a cigar the whole of the
day afterwards. Ido awoke when lam well. I lay down
on the mots all day. When Dr. Sewell came to see me he
adored me nothing, nor did he send me any medicine. I
gloms tall • medical nun not to tend me medicine if regimen
rill do.
Kr. Trevor—A very sensible ova, too. (Laughter.)
Wilms onninual—The following day I walked to my
edam emematied, Met with great pain.
Mr. Tiemor--Tbst I eon readily underetind. A man who
los bed • good thrashing feels stiff and tore the next day.
(Wtor.)
es* continued—l transacted business the whole of the
41.1ir. Trevor—Yon my your ankle Is hurt. Ido not want
he give you too much trouble; but just stand on the table
mg show it to us.
Kr. Self, did ea ho was desired, exhibiting • red nark
"dean be stated such mark wee.
Mr. Trevor—Have you any other injury to point out P
Witnese—l could by stripping. (Laughter.)
Mr. Trevor— Describe what the other injuries are like.
Witnese---There is a mark on my left side.
Mr. 'Trevor- What is commonly called a " wale r
Wiltiess—Yes.
Dr. ILkag—The mimeos will describe the injuries better
MOM Mr. Safe.
Mr. Ttevor—Were you examined by a surgeon?
Wiener—No.
Kr, Trevor—ls the akin broken ?
Witness—No.
Mr. Tearer—Are you under medical treatment now ?
Witness—l do not know whether Dr. Sewell will pay me
another visit. Ido not want hint to do so.
Mr. Trevor—Do you know that the defendant I. breast vi
isi-law and clerk to Mr. Farieshar
Witness—l do.

Mr. Trevor (peodncinga letter addressed to Mr. Johan:-
qtthar)—Did you ever see that letter before P
Mr. Lorbond—l submit that th►t question cannot be put.
The letter Weathered to Mr. Farquhar, and signed "Schooner
Kent,.• apparently an anonymous letter.
Mr. Bath—Let us bear it.

ESQ. Lovibond—l object to its being reed. The defendant's
name is not on it, and unless it was addressed to him or re-
ferred to Wm, it is perfectly irrelevant.
Mr. Trevor—l submit that the letter is receivable in evi-
dence, to show something like a jtudification for the assault.
It might be no answer to a .winal proceeding, but it is en
extenuation. I have elicited that Mr. Farquhar, to whom that
letter is addressed, is the brother-in-law and the employer of
the defendant ; and it lea maxim of law that a servant may
protect his master, or a brother protect hie brother. I think
rigLt to oak Mr. flielfe whether he is any party to that
letter ?

Mr. Lovibond—lf this were a summary charge before the
court, there might be some ground for the production of this
letter; or if the defendant were on his trial at the Quarter
Sessions, Mr. Trevor's argument might bare some weight.
The bench is not asked to punish the defendant, but to take
evidence to send the case to another court.

Mr. Ford—lf we are to deride the cam to-day we may
hear the letter.

Mr7il;;;Llf this be • mere preliminary inquiry, the
magistrate., should hear all the facts.
Mr. Lovibond-1 have another objection to urge, if the
bench overrule the one 1 have already muted.
Mr. Ford, after the magistrates had consulted together,
said—We bare decided to have the letter read.

_ ---.-.
Mr. Lovibond then took another objection, which he aa-
sorted mast he fatal to the •dmiesion of the letter. It was •
well.known principle of law that every wiinesa under-
going examination *timid have protection afforded him, ea
that if any question were pot to him tending to criminate
him, or make him liable to en action, he was not compelled
to answer.

Mr.irevor—l can mak him whether he ever saw that letter
before.
_ . _

Lotiibond —I object to such & question. It may tend
to criminate him.

The magistrates again consulted, and Mr. Ford intimated
that they were of opinion the complaMant might criminate
himself, end the question must not tberi fore be asked.
Mr. Trevor-1 can ask the question, and he can amasser it
or not so he pleases. There is nothing In this letter which
will render him liable to the law or to any criminal pro-
ceeding, as you will perceive if you will allow me to road the
letter.

Mr. Lovibond—l object to the letter being read. It la not
in evidence yet.
Mr. Ford—We have decided that tho letter should be
received.

Ilir.tovibond—l protest spinet its being received. It has
only been tendered as evidence, and is not evidence.
The Teen Clerk—l am of opinion that it is not legally
receivable in evidence, sa it has nothing to do with the pre-
sent true. - .

1111Treror (to Mr. 15•110—Did you ever toe that letter
bokre r

Witness—l may or may not have seen it before. If I an-
swer the quertiou in the negative or efgrenetive you may pre-
sent others. I beg that my refusing to answer the question
may not be construed into my having written tho letter, or
knowing anything about it.
Mr. Trevor—Have you ever circulated any anonymous
publications in reference to Mr. Farquhar ?
Mr. Lovibond—l object to that question. It is the urea
quo/n(on over again.
Mr. Ford—Mr. Trevor, we are hero to hear the statement
of the Assault tall I
Mr. Trevor —lf can justify or extenuate the assault in
any measure it will have great weight with you. If I met
• man in the street, and upon hie calling me a liar I knocked
bun down, Ws abase of me would be evidence in extenua-
tion.

Mr. Loribcad—The real home is the amsault committed by
Mr. L'pham. Mr. Farquhar is • stranger to this matter
altogether. It is a criminal proceeding, for which Mr. Far-
quhar is not answerable ; and this letter ia introduced merely
to prejudice my client.
Mr Trevor—lf a man ha's not a right to protect his tauter
or brother-in-law, it is a now doctrine to me.
Mr. Ford--We do not wish to enter into the affair with
Mr. Farquhar now.
Mr. Trevor—Well, I must submit to the bench.
Witness's crosaeraniination continued—When I went to
Dr. Sewell I told him what had happened to me. I did not
tell him the effect of one blow, because I did not feel the pain
from it until late in the evening. I expect to have to pay
Dr. Sewell for attending me in this matter.
Its-ssaminsii--My akin Wall broken in two pleas, on my
lip and ankle. I have aoffered ever knee in my aide and jaw,
Before Mr. Loviboad called his other witnesses,

Mr. Trevor ruse and asked p. rinisaion to interrupt the pro-
ceedings, as he did nut wish to occupy more of their time
than was absolutely necessary. After a long investigation
and statement of the facts of the case, it was evident no
grievous bodily harm bad been committed on the proescutor.
If the bench should be of that opinion, they would, of course,
think it a fit ow to be dealt with summarily. In their
weekly experience they had heard numerous cams of more se-
very &assails than the one under notice. forwhich• penally had
been inflicted. If they considered a penalty would meet the
I oslire of the present Promeddift, be should advise his client
to plead guilty of having committed an assault. It would
be melees to send the CAM to the masiona, for it would be Ina-
poribl• to get a conviction.
Mr. Loribend re joined that it was well known the Common
Ansault Act did not meet caeca of this deecriptiou. The
punishment under that act wee • tine, and, in default, im-
prianernent. It was proved that a penalty of 40s. or 01.
no punishment to a man in • respectable position in society
MA Mr. Upham wee; and therefore an act of parliament was
pouted, called the Aggravated Assaults Act, applicable to
amenity on WOUIPII aid children. That was found to be in-
sutliciest, and then the act was passed under which he now
proceeded. giving the magistrates power to se d the cam to
the quarter mseiona. If • penalty were imposed upon • poor
labouring man it would be to him • heavy punishment; but
a line to the defendant wee nothing; it afforded the com-
plainant no protection, and the assault might be repeated that
day or the next dec. Mr. Upham would my, "I don't rare
for M.; lor my relative- can soun pay that. If I can injure
Mr. 5.1 k, 1 shall ease nothing fur fines." Unless that ems
was rent to the ~ions, Mr. Selfe would not be protected,
nor would ane respectable inhabitant of the town be safe from
Ming cowardly asesultd.
-• " " • - - -

Mr. Treree'io&-rmed the court that Mr. Upham was a
young man d.ientlant upon hte own resources, serving as •
clerk, at • small salary. A fine under the Summary
Jurisdiction Act would be coneiderAble punishment to him.
Ile (Mr. Trevor) would stake his professional reputation that
upon the evidence adduced no quarter serious jury would
eunekt the defendant of inflicting grieeombodily harm. Mr.
Uphun, be repeated, was • young men, and had barn led
away in the beat of the moment to commit an unjustifiable
art. The public eapoeure, end a tine, would meet the cir-
cumatanees of the raw. If he again a-welted, or threatened
to narault the elmplainant, he could be bound over to keep
th;4l7.7o.nl—We Abell decide the CAW here.
• . .

Mr. Lovibond —lf the bench ao deride, it will be unless for
me to go on with the cue, as the defendant has offered to
pled guilty.
Mr. Trevor said his client pleaded guilty of the asnault.
In extenuation he would urge that the defendant coneidered
hie master had received provocation, and with that feeling's,
did not waylay the coni;dainant at night. but in open day-
light mot him, and with as ordinary walking stick, he mud
say, he inflicted upon him a good threihing. lie wse a light
young men. Coutplalcuoit wax older, end a beery weight ;
tend Au should have thought Mr. &Ire could have beaten
two Mr. Uphame. (Laughter.) There was nothing serious
in the transaction, and a medium tine would meet the cir-
musstanosa of the eau.
Mr. Lovibond—With all due respect to the bench, I must
ask whether the opinion just gives te the opinion of the ma-
jority of the magistrates auseubled. If not, 1 think the cue
meat go before the quarter amnions.
Mr. Ford—Three of us go one way and:thiwo the other.
Mr. Lovibond—Ae the beach is divided. 1 apprehend the
eau mast go on.

Mr. Trevor said the decision of the chairman must o tru
the trench, wliccially when he found ono of the magistrates
was • medical attendant of the toniplainant'a, and expected to
be paid. It woo a moat unusual thing fora gentleman to sit
on the bench under those eircumstanees. It was not an in-

stance Lord Cantpbell would be pleased to have brought be-
fore him.
Some further discussion ensued ; and Mr. Ford reiterated
that three magistrates still were for committing and three for
summarily fining.
Mr. Trevor—Then your decision should be conclusive, as a
taming vote. In peint of foot that is the rule. Such a rule
ought particularly to be adopted here, where one of the ma-
gistrates is a tuedind man concerned for the complainant.
Mr. Ford (to the Town Clerk)—lf the chairman has a
right to decide, tell me.
understood the Town Clerk to reply in the negative.
A delay here occurred. Mr. Ford left the court, and was
shortly afterwerde followed by Dr. Sewell. Mr. Ford re-
turned but Dr. Sewell did not, and the former gentleman
intounied that there was now a majority of magistrates is
favour of disposing of the case summarily.
Mr. Loeibond—Mr. Selfe ought then to have some proberties. The defendant should be bound over to keep the'
peers.
The Town Clerk—lf Mr. Self, will swear he is in bodily
fear of personal injury from the defendant, the wogictrates
will bind over Mr. Upham to keep the peace.
Mr. Trevor—Mr. 1. pham will pledge himself that he has
not the slightest intention to do anything of the kind again.
We won't thrash him again. (Laughter.)
Mr. Lovibond—We ark for protection.
The Town Clerk—The bench are satisfied with Mr. Up-

bases emiumeace.
Mr. Upham pledged hinitelf not to annoy Mr. Selfe in
future, and added that ha should not have done eo if the
complainant had not subjected them to serious annoyance.
Mr. Selfe said be was not aware what Mr. Upham meant.
Mr. Upham flailed the buainese with a threat, emnetlung
like a declaration of future ill-usages.
Mr. Trevor—] es, he said D— you, I'll serve you
out," end went away directly. (Laughter.)
Mr. Lovibend—Mr. Sells dove not come Isere from any
vindictive motive, and be will therefore take the word of Mr.
Upham that he will not again assault him.
Mr. Trevor—We will let you know if he intends to thrash
him again. (Laughter.)
Mr. Ford intimated that the magietmtes were of opinion
that the smolt committed was a most unjustifiable one, and
they therefore fined the defendant in the full penalty of
inclusive of the expenses.
Mr. Upham at once paid the money, and the parties left
' the court.