The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-31 00:00:00

ESSEX SUMMEH ASSIZES.

CHELMSFORD, JULY Q.
CIVIL SIDE.
Befure tlie Ibis. Biwa' GAILItOW, dia i fa
Special Jury.
SPRING GUNS.
SLOT O. WILKE%

This was an actin,' against the Defendant, the
present High Sheriff of Essex, by the PI 11, the
son of a respectable farmer, in the pari-lo of Elm.
tin. in this county, to recover a compensation in
damages for an injury sustained by the explosion of
a spring-gun, alleged to be unlawfully set in the
Deresidsta's close, called Chrishall Park Wood.
The declaration averred a right of way over the
grounds in question, and that the Defendant had
unlawfully set spriug-guns thereon, loaded with
piorder and shot, without sufficient notice thereof,
inconsequence of which the Plaintiff trod upon
one of the wires of the said guns, which exploded,
and monocled the Plaintiff in the leg, whereby he
had sustained great bodily pain and injury. There
were seven counts in the declaration, alleging the
grievance in various ways, to all of which the De-
fendant pleaded the general issue—Not Guilty.
This Was • case whi,7ll rxeitril universal interest,
particularly amongst the preservers of game.

Mr. ADOLPHUS stated the Planitilr; CW4. to the
Jury. After some preliminary observations upon
the importance of the case brought now under con•
sideratinti, he said, that it involved the question,
whether, in r Christian community, a man might
as.utne to liiiiiself the right of dealing nut death and
deatruction to any of the K,tig's subjects, who from
Rodent Or debigo, might be deeilled trespassers en
his bind ? The Learned Commie' was proceeding
to state what he conceived to be the law of the case,
when

Mr. Baron CARRON iuternoiied, and said, he
conceived it unnecessary iis this place to enter into
any detailed discussion u;wu the law of the case,
because he deemed it to be r 'natter nut likely to
rest here, whatever might be Ins direction to the
Jury upon the subject. The better course there.
lure to be adopted, was to confine the attention of
the Jury to the facto, and leave the law to inure de-
liberate discussion elsewhere. Ile thought it or-
crusty. however, to state in the onset, that he
should charge the Jury in ',tout of law, that the
Defendant nor any other per bail a right to
set *I g guns, olr soy other deadly we4poitS, in
bis grounds, more especially in grounds where a
common right of way was claimed and exercised
bv.the Kiag's iinhjecia. 'flue question involved in
this ease had occupied a good deal of the attention
of the Judges in Wrotinioster-ball, and had been
fully discussed in a late cime iii the Court of
Common Pleas, in which Sir V. Giulia, Chief-
Justice, and the present Chief-Justice, Sir Robert
Dallas, were of spinioli iiifrvour iit the right Wiwi
slog spears in private grounds. Tait other Learned
Judger of the Court, Mr. Justice Nark and 31r.
Justice Borrougli, weir of a volitraly opinion, and
consequently ssajmigthrait Ma.g vei.iii that case. U.
Lordship, howessr, confroiied bi, radar cutieurrrher
in the law laid down by the latter Judges; and in
coidurmity with that hr *Witold rule in the

present case *ohm' the Dafrodasit 111 point of hi*.
It was und•.ubtedly a ti million of vital importance.
and suppuassig the Jury stiouhl thAil their retdict

Vai..at the Defendant, tlc cputeion onigla be dis.
in any oll4pe the I•artirs 'tumid choose. in
order that it might he I ght to the most boletus.
end (I,liberate ailjenlicat ttttt
Mr. A DOLPIRIII. undidsting from any detailed
oitteerations open the law of the (14P, proceeded to
sh►ie the facto, which were proved in evidence ai
follow►; . _

Oa the Ittlo of September, 1818, in the afternoon,
about three o'clock, the Plaintiff. •nd two other
young men, iuh•hitants of Elmdor► parish, agreed to
go together to get nuts is, Christian wood, the proper-
ty of the Defendant. The Plaintiff rood one of his
companions entered the wood by a cart-way leading
Will it by • shifting h or. They left the cart-way
about 9 or 10 rods, and whilst the Plaintiff was
reaching at • bunch of nuts he trod upon the wire of
• 'prong gun, which immediately went off, and a great
pert of its contents, consisting of No. 4 shot, lodged
in his Ira. He fell against r tree, bled profusely, and
in • mangled state he was conveyed to hi. father's
!mow, where he was confined to his bed for about
• months, and was not able to du say work until
the December following. It appeared dist there
had formerly been w pith through Clorishall wood,
but which lied since been stopped up by the De.
fesolant's orders ; that eight or nine bell-muar e
spring-gum, were set in the wood loaded, night and
slay, of which notice was stuck up in three places,
not conspicuous, on the outside of the park, in the

following words; —" &len- t raps end spring-guns are
positively s-t in this wood—Joist. Wilkes." The
wood was of considerable extent, about sixty acres.
On the cross-examination of the Plaintiff's wit-
nesses, it appeared that the Plaintiff was aware
that spring-guns were set in the Defendant's
grounds, and had been cautioned by his ther
end other. to be careful how he want into the wood
in question.
Mr. Lynn, the surgeon, of Parliament-street,
who happened to be subpoenaed in another cause,
gave it as his opinion fleet the Plaintiff might fur
the remainder of his days be affected, snore or less,
by the injuries he had received from the accident.
There were now a great many shot. in his leg. The
Plisititirs case being clo►ed,
Mr. MAILILVATT addressed the Jury on behalf of
the Defendant, and professing his unwillingness to
enter into the general question of law, for the reason
already alluded to, c.rtitended, that there were three
questions raised for their consideration upon the
evidence adduced by the Plaintiff—first, whether
there was, iii point of fact, ■ foot-path in the wood
in question ; second, whether the Plaintiff, at the
time of the accident, was in the fair exercise of any
right of foot-path; and third, whether he had not
had sufficient notice of spring-guns having been
set in the grounds to warn him of his danger ? If
the Jury should find all these questions in the
affirmative, he submitted that the Plaintiff was
entitled to extremely moderate damages.
SIG Baron GA ItROW charged the Jury in point of
law in the way announced in the beginning of the
case ; and upon the subject of damages, he was of
upiuuou that they ought not to deal them out with a
niggard hand.
The Jury, after considering the case a few
minutes, found for the Plaintiff—Damages SOL ;
and it was agreed that the Defendant should have
liberty to move to enter a nommit, and if the Court
above should be of opinion that the case ought to
be turned into a special verdict, the Plaintiff was
to have liberty so to do.