The British Press; or, Morning Literary Advertiser.
London, England, 1805-04-04 00:00:00

WARWICK ASSIZIOL—Mmectt

JOHN STUBBS JORDAN V. ROBERT W. SHIRLEY, W. H.
WARD, ANT) THOMAS HAWICRS, ESSIRS.
This case, which was tried by a Special Jury, ex-
cited a very considerable degree of interest. The
Court was uncommonly crowded.
I' was an anion brought by a sash-window mann-
faifturer in Birmingham, to recover from the De-
fen.lants a compensation M damages, for an assault i
committed upon his person on the evening of the
29th August, in the Birmingham Theatre. The
Defendants are gentlemen of the first respecability
in the county of Worcester. Mr. Shirley is the son
of the Hon. Washington Shirley, brother to Earl
Ferrers ; Mr. Ward, a relation to Lord Viscount
Dudley and Ward ; and Mr. I lawkes, a gentleman
of great property at Dudley. The damages were laid
in the declaration at 5001.
The first witness called, was a man named Thomas
Bagnell Lowe, who stated that he is acquainted
with the persons of the Defendants and Plaintiff ;
that he was present at the Birmingham Theatre, on
the evening of the 29th August, to see the play of
The Mossntaineert, in which the Total Ituseiut sus-
tained the charalter of (Marian. The house was
much crowded, the play being bespoke by the Bir-
mingham Volunteers, who on that day had received
their colours. The boxkeeper introduced him into
the box, No. 8, on the second tier, that the box-
keeper told him the places were disengaged. (These
were the 4th and- sth raw in No. 8, which Mr.
Shirley had engaged and paid for). The first aa
had just begun, when the Plaintiff and three Ladies
came in, being first told by the borkeeper, that
the sth row was not engaged When the first a&
was nearly over, the Hon. Mr. Shirley and a party of
Ladies and Gentlemen came and demanded the 4th
and 3th row, saying, " You must all come out,
we'll be d—d if we won't have you out." The
Plaintiff said, he should not stir, for the Box keeper
had told him, the 4th and sth seats were not en-
gaged. Mr. Shirley then went for the box-keeper,
who confirmed what Mr. Shirley had said, desiring
them to quit the places. The witness then positively
swore, that the Defendant used a considerable deal of
ill language ; the Hon. Mr. Shirl.y called the Plain-
tiff a d—d blackgnard ; they insisted upon having
him nut of the box ; young Mr. Shirley, he swore,
laid hold first, Mr. Ward seized hold of him by the
breast, and Mr. Hawke: by the back part of the
neck ; he resisted for some time by laying hold of
the door, but at length was dragged out and thrown
upon the floor ; his waistcoat was torn and also his
shirt.

On this witness's cross-examination by Mr. Ser-
jeant VAUGHAN, he positively swore that the door
was left open after he had taken his seat : when the
party began to drag the Plaintiff, he caught him by
the leg in order to assist him. Upon being remind-
ed by the Serjeant, that he should prove Mr. Hawker
was not present at the assault, but was proteCting
the ladies of Mr. Shirley's party, at some distance,
he positively swore that he saw Mr. Hawke' assisting.
This witness's evidence was confirmed by several
ladies of Mr. Jordan's party, and also by a Mr.
Warren, who occupied the front row in the same box.
On the part of the Defendants, a plea of justifi-
cation was entered. It was contended, that the
places were Mr. Washington Shirley's, that Gentle-
man having paid for them, and deposited 2s. with
the box-keeper, to keep them safe, and that there-
fore he was justified in taking possession; with re-
aped to Mr. Hawkes, he was not present.
Tht Defendants' Counsel, Mr. Serjeant VA to if A N,
observed, that so for from Mr. Shirley having be-
haved in the manner sworn by the witnesses for the
Plaintiff, he had conduaed himself with the utmost
forbearance, and in the most gentlemanly manner.
A great number of the most respeCtable gentle-
men were called to prove the custom of the theatre,
and civility with which Mr. Shirley treated the Plsin-
tiff. They all concurred in stating, that he civilly
remonstrated with him on the impropriety of his
keeping the places, and at length went and fetched
Mr. Sanderson, the Box Book-keeper ( Mr. M•lteatly
being engaged), who desired them to give up the
place. They, however, still refused, and then Mr.
Shirley requested the Plaintiff to make room for the
Ladies, and the Gentlemen would shift for them-
selves. He however positively refused, saying he
did not care whom the devil they belonged to, he
would retain them. The lower Box-keeper proved,
that when the Plaintiff came into the Theatre, he
asked for places, and was told they were all en-
gaged ; he replied, he did not care; he had paid for
places, and he'd bed— if he did not have them.
Derby, the man under whose care No. Y was, swore
that he did not let him in. Several Gentlemen stated
that they did not see Mr. Hawks present.
Sir ALAN CH•MBRI6, in recapitulating the evi-
dence to the Jury, observed, that the conduCt of the
Plaintiff WAS gross in the extreme ; and that the
couduel of Mr. Shirley being suds as became a
gentleman, he was consequently much concerned,
that, upon the law of the case, he could nor dime the
Jury to find a verdiEt for the Defendants.
The Jury, after considering a few minutes, found a
verdid for the Plaintiff, with Ferry Slidirigs Da ris e'er.

PRICE OF STOGIES TIESTERDAY.
9 per Cent. COll.Ol. , .A 57111/
per Cent. Nat,
Imperial 3 per dent
OnaMore
Euthequer 11111, ... 14.3 s preen.
Eng. Lowry Tickets ' IM. 184.
T. Wit, Stock-hcoker,
Nom. 4, Cornhill, and No. 9, atanni

---
Gov. Deb M per Ceat. I March 26.) re 4
Lleb. 3 per Gaut. (Mash
Grand C,aaaJ Lou, 6 par Cent. 971
R°64, Canal Lew% 6 per Cali.. 63

COURSE. Ur ILXCHAN
A matalsta.n $ WC.
OYU, at Slight •so o
Rotterdam l2 3 2 U.
Ham Wirth 95 5 eV/
' Altana • 3S 6 241,
Pant 1 day'a date SS 15 Lie.
UAW 26 3al U.
Sourdeaux •l6 3
Cadet
Ditto
Madrid .... in paper
Data ski effort.
354
Leib°, n SO

IGt.TVISIDA•. Aran.,
Genoa 4tiv•Pice.
Vonice 'obi Dan.
I,labnn 6Ol
°ports 6l
Dublin l2

euiLion. I. • •
Portugal Gold in Coin
and Bars per os. . 4 0 0
Drialencot, . 0 0 0
Now Dnllars
Silver an Kars 0 0 0
New Louis each 0 0 t•
Agin nn the Bank of Holland
5 per Cent.
29. )..
I.)
Ci; it day..

Nagle.
rooMin on Lon,4q,n (Myth'
Selast on Loudon ( March 21
MDual* (ditse.)...