The British Press; or, Morning Literary Advertiser.
London, England, 1803-03-10 00:00:00

HERTFORDSHIRE ASSIZES.

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MARCH 7.

This day the assizes for the county of Hertford
commenced before Mr. Justice Heath. There were
but five causes on the civil side, and of them three
were nonsuits ; one was a Sphial Jury cause, upon
the Game AEts.

LUCAS V. DEA TON.

Mr. Serjeant SHEPHERD stated, that this was an
anion to recover three penalties ; first, for shooting
without being qualified ; next, for shooting without
a licence; and lastly, for having exposed pheasants to
sale. The Jury, he observed, were many of them
men of landed 'property, and perhaps some might be
Lords of Manors ; but all the comforts and advan-
tages they received from their situation as land-
holders would be nothing, if the manner: of the De-
fendant in this case could ever be tolerated.
gentleman who had a charader to sustain in in;;
neighbourhood would conduct himself with pro-
priety in his sports, and must also pay the duty
to qualify him to enjoy field sports ; but thy• any
whereians residing near the skirts of London, sported
Ml round the home counties, as fir as horse and
buggy could carry them, without either licence or
qualification. The Defendant in the present case
was of that description. There was a party of them
of five or six four legged dogs, and four men which
came down to Lawrence Ayes, in this country,
on the ld of October last, and went all round that
part of the county, killing not only the cock phca•
sants, but the hens also, which was most unsports-
manlike conduct.—The Defendant on the record,
Mr. Charles Deaton, was one, his brother another,
and a Mr. Tailing, a hay salesman, a third, with a
fourth, whose name they had not yet learntd. He
should prove the fact by the ostler at the public-
house where they put up, and when he had done
that, he was entitled to the verdict of the Jury. lie
had nu doubt but his learned brother (Best) would
make. an eloquent speech on the other side, but he
was sure he had no legal answer to give to this
charge.
He called a witness of the name of Sherringtcn
to prove these fads, who stated that four persons
came down to his master's house, a public-house, in
Odober last, and that they went out sporting. They
went into Mr. Gerrard's wood, and they fired seve-
ral times. He hunted their dogs. The witness,
however, could not state any thing very particular.
He could not tell who tired. He could not tell how
many birds they killed ; they might kill some. He
did not count them, &c.—He did not know who
they were, and all he knew of them was, that they
called one of them Charles Deaton.

R. Nash, a sawyer, stated that he saw the last
witness in company with four men, on the 2d of
Oaober last, hunting their dogs; he heard several
shots, but did not see any birds killed.
Mr. Serjeant B/ST, for the defmce, was proceed-
ing to comment on the insufficiency of the evidence
as to identifying the person of the defendant, and
observed, the Jury did not know who the plaintiff
was, the Mr. Lucas, who appeared in the Court as
the prechein amy of the game of Hertfordshire ; when
he was interrupted by the learned Judge, who said,
he did not think the identity of the Defendant was
sufficiently proved. He recolleded the case of z
subscribing witness to a bond, who had never seen
the party who executed it but that once, and it was
held not sufficient proof, without some further evi-
dence to stew that the party who executed it was
the same party who was sued.--Tne Plaintiff was
accordingly non-suited.