The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-10 00:00:00

AN EXASPERATED LOVER.

At Birmingham, on Tuesday, a summons case, Mills v.
Thomas, was heard before the magistrates, and excited a
good deal of interest among a bevy of fair acquaintances
of either party, who mus'ered very strongly in court.
Mr. Thomas Harding briefly stated the case. He
appeared on behalf of Mr. William Mills, who carried
on the business of a silversmith and jeweller in Howard.
street, and who charged Mi. George Thomas, the
defendant, wait an assault upon him. It appeared
that some years ago, Mr. Thomas and a young lady
named Perry, the daughter of a respectable licensed
victualler of this town, were on terms of intimacy
with each other, but their attachment had been ter-
minated. Oa Sunday evening, the 29th of March, Mr.
Thomas seeing the young lady returning from church with
Mr. Mills, caught hold of her without the slightest provo-
cation, struck her, and also struck Mr. Mills on the eye,
making use of the most opprobrious epithets towards the
young lady, which some day or other he would very much
regret. It was wished to put an end to the matter without
coming into court, but the insulting language used by Mr;
Thomas had not been retracted, and it was necessary to go
on. Mr. Thomas, not contented with behaving towards
Miss Perry as be had, thing an egg at her, which wreck her
'in the • face. Under these circumstaatee Nlids felt
himself called upon to bring the matter before the 'magiss
trates, and had summoned the defendant for the assault
upon him. Miss Perry had likewise taken out a surnnesns
for the assault committed upon her. He hoped the magis-
trates would visit a substantial penalty upon the defendant
for his totally inexcusable conduct, particularly' as he was
unwilling to make the least apology or ietrebtion. Mr.
John Smith said he appeared on behalf of Mr. Thomss, and
there were circumstances in connection with the case which
had better not come before the public. Miss Perry and
the young man whom he represented were engaged for five
or six years, and he was given to undersaaud that the
intimacy had not been broken off. He was not there to
say that Mr. Thomas was not guilty of the .assault, or
that it was justifiable, but his client considered that he
had been wrongly treated by the lady, and that the
young man had supplanted him in her affections, and under
great disappointment and excitement he did what was
alleged against him, although his friend (Hr. Harding) had
somewhat coloured the matter. Oa Mr. Thomas's behalf he
could only express his regret at the occurrence, which took
place in the heat of the moment. Mr. Thomas would give
his word that the conduct should not be repeated, and he
could not do more. As to the assault on Miss Perry, he
was instructed to say that the egg was not thrown at her,
but broke in the scads. Mr. Harding : The fact is, that
it rests entirely with Mr. Mills whether he will accept of
the terms you mention. They are certainly, offered rather
late. Ultimately it was agreed, with reference to the case
of Mr. Mills, that the apology should be accepted, and
that the defendant should enter into his own recegnisances
to be of good behaviour for the future. In the case
of the young lady Mr. Harding determined to pros-
ceed, and the complainant, Miss Sarah Jane. Perry,
was accordingly examined. She said : On Sunday
evening, March 29th, I was returning home from church
with Mr. Mills, and I saw Mr. Thomas pass me. He
looked rudely in my face. He returned as some as he pass-
ed, took hold of me roughly by the arm, and tried to throw
me down. He struck Mr. Mills, and then he deliberately
flung an egg at me, which broke in my face, and injured
my dress. Neither Mr. Mills nor myself gave him any
provocation Mr. Mills was a stranger to him, and did not
know who he was. Mr. Smith : Has his engagement with
you ever been broken off? Mr. Harding : 1 object to that
question. I don't think you have a right to put it. Mr.
Winfield : What we have to consider is whether it tends in
any way to justify the assault. Mr. Smith : In my opinion
it decidedly does. It was ruled that the interrogation could
not be put. Witness, cross-examined by Mr. Smith, said: Mr
Thomas did not ask to speak to me that night. I heard him
say words to the effect, " Madame, come here." Mr Mills
did not lift his umbrella to strike the defendant first. He
requested Mr. Thomas to put down the thick stick he held.
Mr. Smith : Did he offer to fight him? Witness : Of coarse
he did ; it was very natural when he had a lady on his arm.
Mr. Smith (producing a letter) : Is this in your handwriting?
Witness; It is. Mr. Smith, in defence, submitted that
although there was no apparent justification for the assault,
yet the position in which the young man, his Client, had been
placed, ought to be considered in mitigation of his conduct. He
was informed that the engagement was not positively broken
off between Miss Perry and Mr. Thomas, but there
was a coolness on her part, and Mr. Thomas had hoped
that it would not have continued. The young lady's
affections seemed to have been exclusively placed on Mr.
Thomas, and when he read such sentences as these—
(producing one of Miss Perry's letters)--Mr. Harding,
interrupting, strongly objected to any such course as the
reading of the letter, or any part of it. Mr. Smith: With
great deference, I shall submit it is evidence to show
that my client has been subjected to great provoca-
tion. I may use it for that purpose. Air.
Winfield : We do not judge so, because there was
no provocation at the time of the offence. Mr. Smith :No
one would attempt to deny the provocation on seeing
this letter. Mr. Whitfield : If you determine to proceed
with the letter, then we shall only speak more strongly.
Mr. Harding : It will only aggravate the damages. Mr.
Smith refrained from further observations, and! the
Bench, in giving judgment, remarked, tliat this mode of
putting an end to arrangements seas very unusel, and they
had come to the determination to fine the defendant 40s
and the costs; in default, fourteen days imprisonment,
The money was immediately paid.