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London, England, 1808-06-23 00:00:00

Ireland, which excluded them from attempting to
la ove that it took place in Devon.
Mr. 1-14RRIS followed on the saute side.
The Cot RT was of opinion, that the marriage hail
nothing to do nit the cause*, action, although it
was necessary oti the trial to prove that it had taken
place. The rule for changing the venue was
granted on an affidavit, that the criminal conversa-
tion, if any, did not take place in Middlcisex. but
in Devon, and in no other place- They thought
the Court had acted properly to granting the rule
to change the trace to Devon, under which consi-
deration they dismissed the present application.
The names of the parties were not mentioned.

Sittings or Nisi Primsbefire Lord Eu.ssiso-

ROUGH.
ASSAULT.
DON•LDSON U. ROGERS 414 d DOYLI.

This was an action for dainages.
Mr. TOPPING stated the case.
John Thompson. feather merchant, deposed, he
went, by the Plaintiff's invitation, to dine at the
house of the Defendant, Rogers, the Swan Inn,
New-street, Covent-Garden. The Defendant
Doyle attended at dinner as waiter • after dinner
they vaned for the bill, which amounted to 14$. &l.
'1 he Plaintiff gave Doyle a 21. note, and he brought
but Ss. tid. change. Witness told him that was
not the proper change out of a 21. note. Doyle
said it was not a 21. note, but a H. note, and com-
menced abusing the witness and the Plaintiff.
They rang the bell, and called for the Defendant
Rogers, who did not come np. They then went
down to the bar to him, and told him what the
dispute Irma that they had had with his waiter, and
asked him to rectify it. He made no answer. but
desired the Defendant Doyle to turn them both
out, as they were swindlers. Do) le laid hold of
the I'laintiff, and dragged Lim nut, and when he
got to the door, Rogers tripped the Plaintiff up,.
and he fell. He told the mob that they were both
swindlers, for they had called for a dinner, ate it,
and would net pay for it, which iticeased the mob,
and they abused them very much, tare the Plain-
tiff's shirt, and they were ob igtal to lake refuge in
the house of Messrs. Joiaft and Western, Bedford•
bury. who kindly admitted them.
Cross-examined by Mr. PAK.

Q. What time was it when you aact the Plointiff.
went to Rogeres to dine ? A. between four and five
o'clock.
Q. What time did you leave it ? A. About six
o'clock.
Q. You say, upon your oath, it was not later than
six o'clock ? A. I do.
Q. Did you see the note before the Plaintiff gave
it to Doyle T A. I did.
Q. Were you not intoxicated at that time?
A. 1 was not, I was perfectly sensible.
Q. What had you to drink at your dinner ?
A. Two bottles of port wine and a pot of porter.
Q. Upon your oath, did not Hog,ers say, come
in the morning when you are sober, and if there is
any mistake I will settle it ? A. lie did not.
Q. Was it not you and the Plaintiff that dragged
Doyle out of the House? A. it was not; Doyle
laid bold of the Plaintiff. and Rogers assisted him
in pushing us out.
Q. Did not you or the Plaintiff break a pane of
gl:isi going down Bedfordbury ? A. The
striving to get away from the mob, broke a pane of
glass in a shop window, and paid for it.
Q. Were you not taken on a warrant, brought
before a Magistrate, and obliged to find bail
for this assault ? A. 1 was ; fur when the De-
readmits received a letter from the Plaintiff's Attor-
ney. they took a warrant out against me, but never
prosecuted it.
Gill deisoseil, that he lived with Jones and
Western in Bedfonibury ; between eight and uiue
o'clock in the evening saw the last Witness and the
Plaintiff with a mob around them ; they seemed
much intoxicated ; the Plaintiff broke a pane of
glass ; went out, and asked him to pay for it ; the
last Witness and the Plaintiff came into the shop
with him. and paid Mr. Jones for the pane of
glass. and they begged to be let out of the hack
door to avoid the mob the Witness accordingly
let therm out the back way.
Mr. Tomes said this was his case.
Mr. PARA addressed the Court and Jury very
shortly. and commenced the examination of his

witnesses.
James Whiteman deposed, that be lived next
door to the Defendant, Rogers ; that about eight
o'clock in the evening he was standing at Isis own
door, heard some loud w ords in at Rogers's ; went
in, saw Rogers, the Plaintiff, and Thompson,
standing between the bar and the coffee-room.—
The two latter were very violent and much is-
toxicated. Rogers said every thing he could to
pacify them, told them to come is the morning,
whets they weresober, and if there was any mistake,
be would rectify it.—Doc le the waiter came in,
when the Plaintiff and Thompson seized him,
one of them by the peek handkerchief, awl pulled
him into the middle of the street. The mob called
out shame, do you want to chock the man ?" The
Witness assisted to extricate the waiter, who went
into the house, and the door was shut ; did
not see Rogers out of the house. The Plaintiff
and Thompson made a great disturbance in the
street, so much so, that the Witness was obliged
to pin two wen at his windows to prevent them
bring broken, and they threatened the men that
they would take them to Bow-street, because they
kept then► off from the windows.
Cros.v-ezensked by Mr. TOPPING.
The appli..ation, on the part of the Defendants,
was made subsequent to the letter of the Plaintiff's
Attoraey.
hue Pike, an evening patrole, deposed, that lie
opposite Mr. Rogers 's house, saw a mob ga-
thering, and two wen dragging out the waiter into
the street ; as he was trying to extricate himself,
one of them made a blow at him, which he missed,
and f. ll dow It, he believed it was the Plaintiff.
Lord EctLit nostoctir here interfered, an.) re-
(vomit-titled Mr. Topping to withdraw his action,
tow Inch he consented, and it was withdrawn Sc-