The British Press; or, Morning Literary Advertiser.
London, England, 1808-12-29 00:00:00

sTAck

This was an actem to recover .dattadtgetit iker in
assmilt.
Mr. PAIL opened the case, and stated that it
was not an assault of a canrue,u kind : the parties
were both in a respei•teise line of life; they had
been taelesiiwn who had retired from butane* with
sufficient incomes to turn country gentlemen; they
both lived in tile neightiourhood of Rumford, in
the couaty of Essex. The Plaintiff, being fond of
snooting, took out a license ; but, tinfortutiately, iu
the mortis of Sept. last, he went with his gun into
a tield Which belonged to the Diffendatit, who
seemed him *pima shooting on his laud, but not
in the way that it would be supposed a tradees
man woobl address his brother tr,ttlesmrn ; no, it
was dune in that way tit* would disgrace the
commonest ruffian in the country. Lie culled
-the Plaintiff every opprobrious mime that rould be
thought of. The Plaintiff vere prudently retired
amidst the gust of abuse the Defendant %v as pour-
tie; on Minn. In a few days subset-tut tit, the Plain--
tiff WWI again out shouting, and was in a field iu
the polsesstou of Mr. IVilloughby, when he was
attacked by the Defentlunt, just as lie had
tired at a covey of hints. Illis gun being double..
turcleil, one fiat owl rentnine•J charged. l'he De-
fendivit struggled-with the Plaintil to deprive him
of les fowling-Meer, which he at last wrested from
lien, at the saint tine• cutting the IJ/elutes hand.
Not satis►ied with this abase, he followed it by
set, of greater atrocity, which would be more fully
explained in evidence, than it was iu his power to
state it. Tee .luny, in giving their verdict, ought
to take into consideration what might have been
the dreadful consequence of a huge, able man.
such as he was instructed to say the Defendant was,
attacking a leech smaller men, who had a loaded
gun in hi. hands ;to the stru4gle, the psi► sought
hare gone tie, and one ur both might have forfeit-
ed their lives. The fortune of the Defendant was
ample, and lie trusted the .fury, under the direc-
bon of his Lordship, would give such a verilki.
tet;zht be the memo of preventing his again coin-
witting such an outran. He then proceeded to
examine his wittnaseai

Joseph Westwood deposed that be was servant
to the Defendant in Septetnber last. On the :22c1
of September lie was in moment" with the Defend.
ant, ah.ai they row the Plaintiff in a field belong-
ing to Mr. Willoughby. The I.frfendasit said.
s• rhete, the i.essiitirlrel Uwarsied ofe my laatk-wl
wll shoot tits dog." • The• Defendant bad just 0* at
a ....awry of hurtle. Tie had wetly dischatsietiditie
bow el. The Defendant went up to itini—ctiled
lens a .co mart', Mid a; thief, and wrested the gut.
tett of hi. hands:.• • The Plaintiff salmi. who was
the thief th.*, on which ,the Defetislalot collared
him, Anil itiacged heat shout. The Iflaintitf es-
etuwd from him, and Ras going out of the held,
when he followed him, stied strut k him an the breast
with' his shut bond, which neserly knocked him
down ; hie lend appeared to hate been much out
in the stru•zgle with the, Defendant, when he took
th•gon from hint. The witoess sitrivd the gun
home to the Defendant's house. k'

'The Artoanwv-Gitrimur....as dMinsel for the
Defendant, observe& he hoped hi, Learned. Friend
did not intend tog* halo evidence us to the gun, us his
elient, the Plnietiff. bad Inc:night. bid action of
daesrat in the Coiivt of Common Pleas, fur the re-
storation of the gam.
Mr. Past raid, that he had not been instructed
as to that ciretitnrisiser ; bat lie was now info,tazied,
by the Attorney, that that act.ou was
on the gun's liking returned. anti-the Defelid.int
Pacing casts.
the svitinss Wail cross-examined .by the.Arrnit-
lerf-GeNigaAt.. and said, that he diet not hear the
Defendant sax flint the field was in his sminor,—.
He saw the produce hi. game certificate;
hr beard the 11;tititiff say, the Defendant would
not have u bird left by neat year, and that lie was
thick-headed black.

Mr. Pringle, Attorney for the 1'116104, fleposml,
that the two mutton* were brought, bt•nurae he CHll-
celvdd, at flat. that ell liCtiOti to Ireever the gun and
obtain 414 align' fur the :tumult, could uot have
been gust/glued.
On his eroest-etipmirtation he raid, that he bad
beat about twelity years in the profession, but it
war hir opinion. at first, that both objects could not
hare been accomplished by one at titan. Ue after-
wank offered to withdraw the one iu the Cowmen*

Ple,u, ou rwidition that he would he allowod to
alter the prereat remnll, by ediliug atiotlatr cottut
ta it.

'Phis closed the
I;he Artoit%Ee-t;enLtat., in defence,. stated.
that the Defendant was actually the Lord of the
Manor, cud had a right to have premised the
Plaintiff front shooting on it ; be did not sev the
Dilesulant was correct in making use of the
violence or this language that he did; but he
had suffered handsomely for it. The Plaintiff
went a shooting with a double-barreled grin,
and his Solicitor determined to follow the prece-
dent, for he instituted two suits. where cue inns
only necemary, and in different Courts, be.
cause he knew if they were brought iu one, they
would he both quashed. The Court of Common
Pleas haul silenced one, but they had no power
over that Ciiiirt. or else they would have silenced
both ; and how dui this Attorney expluin, when the
question was put to him, one very like that which is
reported to have been put to Joins
" Jokes (.14 is, why are you here without your
wig, or why are you here at all ?" The first
question put to the Learned Attorney way--
" did you bring 3 our two actions, or why
being your action at nil ?" lie was caatifirat tdea
Jury could not believe it was, because lie did not
kuow that one would have answered' his object.
No; it was that he might have two strings to his
lsiw. lie has made the Defendant eked in the
other Court, by the pm nieut of oosts, end he
hoped then to mike him bleed by their verdict. It
was well know cat tlii!re was nothing an Erglish
I.ountry gentle &a wan mere warefat of than his
stock of game:. and "resit to be surprised that the
Defiedaut &Wald be garaged lAA tht.Paiatiir,

othlcui: saw, threatened him, that hi? shoishttiot
rr a bird 44;4.114 neat yea' ? If he tist.l 6ress
irobunt, hit loan, there would nut have been so
sasuell to Gave been feared' Irons Inns : for part,
he wand sooner give a bun to a city spurtsinatt 1U
Anxstat than its September ; for the turn Ise could
do would Ise tofrisliten,the game, and wake them
sore shy. gust it was a dillrieut rase when the
Plaintiff was au 'expt-rt sportsusan. If tile Jury
did give a rel.:Ater areust hi* chtitt, it could out be
for more than the price of a pound of Bettie guts-
powder, wluch he believed wits three slidlitigs.
Loritchier Justice ELLEN SUOJV4III stianswerl up
the evidence with his usual perspicuity, and the
Jury reterned • verdict fur the Platittitf.-IJa-
mars tool. with colas.

pie. 27.

Before a Special Jury.