The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-27 00:00:00

FIT

4f.

LAW IXTELLIGENCF.

COURT OF KING'S BENCH, MoND•Y, Aran 26.

at IVestmbuter,
.14,re the Loin CHIEF Just ici and

Coimmes Jaeics.

WIIITESIDZI r. WZITON•
)h. 811100411• M said, this was an action brought to recover the
sum otl4lll. paid foe a hone, warranted sound, but which did not
z 0111147 the warranty.
Kr. be contended, that the animal sou perfectly sound
at the lime of ails, but was materially injured in the feet and lamed
i.y the hard riding of the plaintiff. The hone had been driven a
tong journey at the rate of nine miles an hour, and from undergo-
ing hardship of this descrip,ion the animal sou injured.
After the examination of witnesses on both sides,
The LOaD CU irr Jusritz charged the jury.
A verdict was returned for the defendant.
ASSAULT.

ELSE r. BEVAN.
Mt. SCARLETT stated the case, and called the following wit-
r CMS.
Anne Rattles lived in the Burlington Arcade ; recollected the
::9th of July last • knew the plaintiff and defendant ; they also
Dyed in the Arcade; saw plaintiff's children; they were playing
about ; they made no noise ; saw defendant beat one of them
named Arthur, a child of about eight or nine years of age ; the ,
child cried bitterly ; the defendant followed the child and continued
to beat him.
Cross-eserr.ined by the COMMOV-SEIGZAWT—Wei in the op- ,
polite window; believed defendant's wife was after her lying.in
noise must have affected her health; witness was positive she'
heard no noise whatever.
Jane Wells lived also in the Arcade ; saw the children playing
and running up and down ; they made no noise.
Ebtabeth Crawford was servant to plaintiff. Saw the child on
the day mentioned, without any mark ; saw him afterwards on the
same d with a mark on his arm. Heard her waster say, "If
you strikeay,
my child again I'll strike you." l'pon which defendant
struck her master a violent blow ; they then closed and fought.
The fight lasted for about two minutes. The parties were sepa-
rated by her master's sister-in.law. The blows inflicted by the
defendant were severe; they cut her master's lip, and blackened his
eye ; his mouth bled profusely.
_ Cross-examined..—Her master struck also, but it was in his own

defence.
J. 111‘Dowel proved the original assault upon the child.
Heater Illackhull prove! the assault on the plaintiff
The brother of the child who was assaulted proved that he and
his brother were playing in the Arcade; the defendant pursued
them, and beat his youngest brother severeli upon the back.
dir. John Marshall, surgeon, attended plaintiff; saw his eye
blark and his lip cut.
Cross-examine/I.—Am Trd a simple lotion. Was not sent for a
.:rand time. Did not r•ee plaintiff again.
r.e-esamined.—Plaintiff must have suffered severe pain from
the blows.
J. Mackintosh, the norte• of the Arcade, saw the children play-
ing; the., made no noise whatever.
The Common :AEGEAN? said, such trumpery CUM as the
present should not be encouraged in • Court of Justice; they
were brought merely for the purpose of serving some Attorney.
Were it not foe the management of some Attorney such an action
as this would never have been brought. and ;the two Aranliams
would have lived in peace and gond neighbourhood. There was no
evidence whatever to maintain the action ; the only crime his client
was guilty of was, his being a tailor; this was the gravamen of the
*au against him. The apothecary, with his live shilling lotion,
could net be considered as evidence—a drop of water and vinegar
would have effected the cure of the plaintiff: The truth was, the'
two parties fought, and the beaten man came into Court for,
viammtes, which he was certain would not be given him.
Mts. Anne Parey, for the defence, proved that the children
wade a great noise, and did not desist, though desired by the de-
fendant. The noise was parjeularly disagreeable to defendant's
will, who was
R. Johnson, porter, saw the children, on the day mentioned ;
they made a noire ; he sent them from his station; they went
lower down, near the defendant's house, where they continued their
noise.
Cress-siramined.—Was appointed to his situation by a Comm.
mitten of the inhabitants of the Arcade. Defendant is ono of the
Committee; plaintiff is not.
Jane ;Mason vas in the morn with defendant's wife on the day
alluded to. Defendant spoke to the children repeatedly to desist,
and at length went down.
Mr. BC•RLETT replied.
After a charge from the LORD Cuts? JUSTICE,
The Jury found • verdict for the plaintiff—Damages, 40s.