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London, England, 1825-07-23 00:00:00

recover the sum of 1101. paid as the purchase money of a house,
and the expense of his keep, amounting in the whole to 1311.
Mr. Dove& opened the pleadings. The defendant pleaded the
general issue.
tile. STORKS stated the plaintiff's case, and it appeared from the
evidence, that the horse, a long.tailed bay gelding, was sold at the
fair of paten by the defendant Mr. ryshe Palmer, to the plaintiff',
with a warranty of his perfect soundness. The fair took place on
the last day of January, and two days afterwards it was discovered
by the groom of the plaintiff, on hie Sttempting to put the horse
into a gallop, that he was lame. The lameness he found to be in
the fetlock joint of the off' leg.
There was other evidence corroboratory of the groom's statement.
It was proved by Mr. Sewell, a veterinary surgeon, that the
lameness was not the effect of recent inflammation, but the result of
disease, and in this opinion another gentleman In the same proles*
Sion, who was also examined, fully coincided. The horse, according
to the testimony of these witnesses, was decidedly unsound.
On the part of the deleure several witnesses were called by Mr.
Rontasog, to prove that the horse was decidedly sound at the
time of the sale and for some time afterwards. The Marquis of
Tavistock was one of the defendant's witnesses, he said he did not
like the action of the horse; but in his judgment he could not be j
said to be unsound. I

tort t) murder, then with an intent
lan intent to do a grievous bodily
eitl.d that, in order to
.make the off
Injury to be inflicted (he epee death
Dent, tool Dot merely tempered,.
'opinion of the Twelve Judges le..-
noneideretion under a charge very
(Jury having in that case found that
was only with • view to obstruct and
not to do the prosecutor a permanent
the case did not fall within the act, I
Pow, in tha present ease It appealed
a common penknife With which he
vital parts, but In his hand and arm,
been only to make the prosecutor '
then the prisoner must be acquitted
indictment. There was, however,
the prisoner with having cut and'_____
intent to prevent:llia lawful apprehensiok
.on a late Act of Parliament, which w
heious trespass, a right to apprehend
tyrant, and to take them before • lif
them in a penalty, not exceeding .
evidence, that the prosecutor was Justified,
bending the prisoner, as it IltliS clearly -'
been committed. Can this count, s'
went, the prisoner be thought;- t
question would arise, whether this
good, inasmuch ao that the offence ft
hended the prisoner was not set forth. _ __ was t
the Jury to consider, they had only to dedde-on-ige facts, the
point of law would be decided elsewhere.
i The Jury acquitted the prisoner on the three Grit Moil* sod
found him guilty on the 4th.' ..
• The twinned JUDGE—It strikes me at present time the last
count is bad is point of law, rod not setting out what the ofllmae was
for which the prisoner Was arrested..
I' •1 C. wage ConteteU. aged 53, Wall capitally indicted with felonloody4
',wilfully, maliciously, and unlawfully stabbing and muting George
Mears, the eldor, of King's Chile, in the county of Notthamptotli
licensed hawker, in the perish of St. Swithut, In the tray of
Lincoln.
This prisoner ohhllned-an Habeas Como*, in ordt to !tomes
him from the city to the county of Lincoln, upon an affidavit, that
as the silence was committed in the city, he should not be able to
Obtain a felt and unprejudiced trial. 'l'lle indictment contsioed
three counts. l'he first count charged the prisonef with haeleg
'committed the offence with an intent to mnrdert in the second
count he was charged with doing the act with intent to disable tho
Said George Steers ; and on the third count, he was charged teiils
'committing the offence with an intent to do him male grievous
bodily l:artn. •
There was a second indictment againet the nelsons., (ot having,
on ilie same day, violently assaulted the said Gorge Mears, by
stabbing him in the back, with intent to murder hint.
• The prisoner was a respectable-iooking man. aod ag.hast bodily
strength, being upwards of six feet in height, and remarkably stout
anti muscular. • -
George Shears examined by Ilt. iliatlrit...-3 am airCetts6d
hawker. I know the. prisoner ;beis • licensed hawker au I n•
and I were at tide city )ho the 15th of April. width was Iskfore the
fair. I had a booth in a place called Tindall'a PaddOei 1 it loin
Betchery-lane, but I do not know that iris within the idly.
Al r. READER—We shall prose that presently.,
-. The COURT
rtand that by an Act of Puliathent k Jhrisdiction had been given
to them, notwithatanding the offence was committed withiu the
city. -
. . ,
IVitness—The prisoner had a booth there also. He hod two, one
of which joined mine, and the other was about thirty feet distant
front it.. On the 15111 of April, about ten o'clock in the evening,
I was coming to :sty booth in the paddock, I met one of Dry sons
at the gateway, he gave' me some information respecting the con.
duct of the prisoner. A few munites after I saw him come out at
the end of one of his booths ; I stepped up to him, tied asked him
why he should insult my people in the way be had been doing that
night ; lat the same time took hold of him by the collar. lie
called out, " Ileigh ! halloo I what now ?" He was trying to get
away from me, when he slipped and came with ids buds upon the
ground. I loosened him; he then got upend walked into his booth; as
he went in be said, " bl—t you, I will be reedy for you." I said.
" very well, George, let's have it." I then took elf my coat and
hat, he was then within the booth. In the course of one or two
minutes he came out again, and said " come on, I am now pre-
pared for you." I expected he meaneto fight ; he stood in a po.
I!Won for fighting t his hantls were placed as &guard, and I went
up to him, and struck him ; he closed on me, and stabbed me as.
feral times; he never attempted to strike me with his 11st. I could
LINCOLNSHIRE ASSIZES, Ltsteour, JULY 20. not perceive what it was he was stabbing me with. Re stabbed me
three or four times before I suspected it; when I found he was
CROWN SIDE.
doing so I made an attempt to get hold of the instrument, but
Before Mr. Justice HOLROYD. missed it. and received a hurt in my thumb. I then caned out
John Royte, alias Roite, aged 30, was capitally indicted for fe. "Canterell is stab Ling me." Some persons immediately came and
geo
loniously asuulting John Bellamy on the King's highway, in the assisted me into my booth. Mr. Boustield, a sur n, was sentfor, who ordered Die to be taken away and put to bed. I walked
to the Old Crown, in Butchery-lane. Mr. Bonsfield looked at ma
parish of North Hykeham, putting him in fear, and taking from
while I wu in the booth, and he said I woe root, dangerous],
hit person three country bank notes of the value of. 11. each, seven
half.crowns, and some shillinp, to the amount of 41. and upwards, hurt titan might be expected. I was hurt In the chest, 10 the pa
his property.
of the stomach, and in my tight aide. I had three wounds.
J. Bellamy examined—On the 28th June last I was at the
troll that night he was coming out of his own booth. I 'hart not
Croats examined by Mr. Batour When 1 Ant saw Can.
Plough public-house at Bracebridge. The prisoner was there, who
been waiting for him, our meeting was accidental. I wit coming
proposed a wager to me, and I accepted it, and produced three one
down the lane back to my own booth. It was in the direct lino
pound notes. The prisoner saw them, but did not show any money
from the Bull's Heatlyublic.house to my owe Wolk. I slid not
himself. He then left the house. I put my money into my
poFket,_and went away about nine e'eloek in the evening. The .
maze any turn out of my way for the purpose of getting to Can--
prow when he went out took a large stick with him. He was terelPs booth. I believe I spoke to him first, and heetras foe pass-
dueled la an old blue short smock-frock. A person named Hod- hog me without taking any notice of me, and I then laid bold of
his collar. I believe he would have gone on if I had not prevented
son went some war with Inc, towards Ilykeham. I proceeded on
the latter part of the road home by myself. The prisoner met me him by thus laying hold of him by the collar. A stunk then el-
m the way, and asked me if I was scared; I turned round.to look sued, he struggled to get away, and I struggled to keep him., The
at him, and as soon as I got sight of him he struck me a severe struggle might have lasted a n.inute, it continued till Canterea
blow with some weapon across the jaw-bone. I staggered a little, fell, during the whole of which time I held him fart by the collar-
and then fell on the ground. When I was down lie swore some No words passed between us during the struggle. I can take upon
oaths and rifled my pockets of all the money I had about me. This myself positively to say, that no angry words passed at the tiling..
was before ten at night. I tried to get up twice but could nor, I I loosened him immediately. This took place close by his Own
was so much stunned by the blow. I had swooned in consequence booth. Mr. blether came up to and said, "31r. Mews, 4on'e
of the blow, but was sufficiently recovered to know he was taking be in a patia,,,, I don't know what made Mr. Menhir interfere. my money out of my pocket, I was not in liquor at that time any I deny that I used any such words as " Bi—t you, I will murder more than lam at this moment.
'
The prisoner asked the witness whether he was not drunk, and II mean to swear that no such words were ever used by ma.
did not fall down in consequence? usedon. a threat, but not the word murder. I said " A nasty
great coward, a great pulk, I will tie up one hand and light him." Witness-1 was quite sober. It was a light night.
I said this to Mr. Melliar after the tut struggle, and while the
William Hodson was examined, who stated that the last witness
prisoner was in the booth, but I have no doubt it was to his Inot-
was not at all intoxicated when he left his company on the night in ing. I was angry enough at the moment, I dare say. All this
question.
took place within a very short time after Commit remained in the
Bellamy was recalled, and examined by the COURT. I spent booth. Directly he came out he said, "I am prepared for you,"
but 10itl. in ale, and was in the house three years. I had three and I immediately went and struck at him, and I hare no doubt 1 pints and a pot of ale. I gave Hodson a pint and a pot. (A pot hit him, but Ido not know whether I did or not ; and the prisoner
mains a half pint.)
Edward Homan) examined. I was returning from Lincoln to immediately closed upon me.
Inykeham on the evening of the 25th of June last. The prisoner
me that I went up tßy slr. READER.o—It was In consequence a what my son told
Cantrell.„overtook me about nine o'clock. He was going towards Hykehani.
George 31ears, the younger. examined. I know the prisons:.
1 saw two men about 300 yards before me. The prisoner asked me I saw hun on the 15th of April. He said something to my me-
where they came from. I told him. He afterwards asked me the thee and sisters, which I told to my father about ten minutee after.
way to flykeham, to which place I directed him. I am sure the wards. I raw the struggle between my father and the prisoner, prisoner is the man. He was dressed in a blue smock frock, and which was about 29 minutes after the insulting language was used had a heavy stick in his hand.
the prisoner to my mother. His language was extremely
The stick was then produced, and he, the witness, thought it suiting and abusive to her. When my father went up to the gyi-
was such a stick as the prisoner had.
soner he asked hint what it was he meant by insulting his wife &d
Robert stir as
am a labourer, living at Ilykeham. family in the way he had done, and my father at the same time
I saw the prisoner on the road from Lincoln towards the lane took hold of the primacy's collar. Canterell began to swear and leading to Hykeham. He continued to look behind him down the
called ter a light. After the struggle Cameron went Into hit booth. road leading to Bracebridge. He had a large stick in his hand. I and came out again with an iron candlestick in his hand about a
took particular notice of it. He appeared to avoid me. After ot and a half long, with a sharp point, used at fairs by sticking
walking • little way, he made an excuse for leaving me, and
them into the counters ; at the same time he exelaiened, " Come
Jumped over 'a gate, and I saw no more of him. The robbery oa, I •am now prepared for you!" I saw him and my father close,
was committed about 280 yards from the gate.
Charles Needham, a corticoid in the Lincoln militia, examined.—
and the prisoner kept striking at him with the candlestick. My
The prisoner was discharged from the regiment on the 22d June, father was brought back too the booth..
at which time he had only 94d. to receive. Ile owed me 101. for The Learned Juvoa asked. whether this would not be man-
washing, and said he could not pay me, but would leave a shirt slaughter if the man had died ?
In pledge. On the following Saturday, the prisoner produced two I. would.
slr. READER said, according to his present opinion be thought
Lincoln notes, and one Newark note, of 11. each, and six half "
crow By the COURT—Then, by the Act of Parliament, he must be
crowns. Ifs asked rue to read the notes for him. He thought one
ac uitted.
of them was a Si. note. When 1 told him there wasp° such note,
11r. READlE—Certainly ; I think so, my Lord.
le observed that he must have left it at Newark. He gave the
The Jury were then directed to find • verdict of ,dequi,tail
stlck which he had in his hand to me, and which was in my posses-
Dir. READIER declined offering any evidence on the second M-
elon about ten minutes.
prosecutor had been given in a most respectable manner, and in as
Thomas Pickering examined—The
croneprisone me to the George diettneut ' at the mme time timmalaff. that tb. inelmony of the
and Dragon on the 26th June, and changed
.pound note, and fair a way as ever he had heard in his life.
also offered another for that purpose, Ile had • stick in his hand,
Rano
which he left in the house. 1 gave it to IVhite the constable.
Mr.
pest.
ter—Certainly he has ; there can be no fault found in
Sir. Whits the constable was sworn—At the time 1 apprehended that res
the prisoner, he said the charge which Bellamy had made against The prisoner was then discharged.
him was false. 1 had not then told him on what account he rat William Briggs was capitally indicted foe stealing, on the 13th
arrested. I showed him this stick, (the witness here produced a of June last, a gelding, the Property of John Armstrong Jackson,
very large bludgeon,) but the prisoner denied ever having seen it. of Newark.upon•Trent, in the county of Nottingham, wharfinger, •
The Learned Judge summed up the evidence, aid the Jury ins. John Key, servant of the prosecutor, deposed, that on the 13th of
mediately returned a verdict of Guilty. June last, one of his master's horses was stolen out of a close, about
Sentence of death was passed upon the prisoner, and the Learned half a mile from Gainsborough. He had ME the bone about ball
Judge told him to prepare for thd worst, as no mercy could be an hour ago in this city, in the custody of the constable.
shown him on this side the grave. Sir Jackson examined—ln consequence of my horse being stolen.
Janice Hayes, aged 21, WAS charged with cutting and maiming I went to Mr. Gee's, at Applewick, where I found it. I afterwards
Stockdak, of Al'aiefieet, on the 2d May lest. The pin- went and apprehended the prisoner. In consequence of inhumation
was indicted under hoed Ellenborough's Act, with that had been, given me. George Duny was with me, and said to
setting and maiming, first, with an intent to murder; secondly, the prisoner Briggs, I am come to you about the horse I bought
with an intent to disable; and th:rdly, with an intent to do a of you, at Thorne fair. Biggs said, What's the matter? Dusty
, grievous bodily harm. There was also a fourth count, charging the replied, it is a stolen horse. Briggs said, the D--1 lash ! and 1;e
prisoner, under the malicious trespass Act, with cutting and maim- then cursed Duny, and asked him, what art thee Righted at, neither
trig with intent to prevent his lawful arrest. thee nor I stole hint p I then asked the prisoner where he got the
George Stockdak examined.—On the 2nd May last the front hors*, and be said lie bought it at Thome fair, on the Idth of June,
door of my house was broken open about 12 o'clock at night, just of a catch man, who said he had swopped him that morning, at
'as I was going to bed. The prisoner end a man named Burton Littleborough ferry. Jonathan Appleby was present when lie
ran from the door as it burst open. I followed them. The pri- bought him. 11 hen the prisoner was taken to Newark, for ex-
saner hit me; but I secured him, and he was afterwards rescued by smination, lie then said he had bought the horse of a person of the
the other man. They both followed me to my house and buret name of Fletcher.
the door open a second time. I pursued the prisoner and again Coss.examined—l have traced this earthman, "lechers to York
seized him. I got him on the ground and held hits' by the collar, Castle ; fee I gave very little credit to what the
prisoner told one,
but did not strike him. I perceived a knife in his hand, and saw having before said that he did not know the potato's Dania of whom
him open it with his mouth. The prisoner had only one hand at be had bought the horse.
liberty. He then cut tne twice, in the hand and arm. The mars George Dun examined—l was at Thome fate, on the letit Juwe
are stall remaining, one on the thumb joint and the other on the last. I saw the prisoner there, and bought a horse of hito • It it!
wrist. A man minted Petchey then came up and assisted me in the same that has been mooed by the prusecutor.
securing the prisoner.
the
George Petchey said that he secured the prisoner as stated by theMatthewWhite, constable, deposed [o
his apprehending-
bought the home, and paid foe it in good
prosecutor. prisoner, who said id he
This was the ease for the prosecution.
Ms said it was from a man named Jobe
cu
The prisoner being called on for his defence, said that the prom- ,ought it, hut witaraa
said, a roused Dee was pre-
letcher, and subsequently he •persotutorhad thrown him down and trod upon his neck, and forced -
F the time. his knees on his stomach, in such a manner as almost to prevent sot at keeper of the city poi, ezernined—The psi.
Lincoln notes. He first stated that he did not know of whom he
him from breathing. Thomas Drury,
'Rao Learned JUDOI then addressed the Jury, observing
that Boner,
hint oo if in eau he could bring the man he bad bought the
when in my custody, asked as If they could hurt him 11 1
the pristine, had been indicted upon an Act of Parliament p , told
in the 43d ear of George 111, commonly called Lord Elleasaadnbo-;shoars•..o_,f. _ ,I,ar,ker),_h_tniginit
wilt:
tbityt
of milyeneehothwas•llma•Li.and he
rough's act. The indtctrnent contained three counts: the one
n I aghtnithoi
hor:erirah7
we he looked like a Doman Want,
Charging the prisoner Wifh cutting and maiming, tint with an i •

Mr. Barber, of BrOonte, Mr. Payne, and other ge'ntlemen gave
similar testimony.
A group of groonis was exhibited for the defence, all or whom
denied the horse's unsoundness, although according to their judg.
ment his action had always been lame and clumsy, and for that
reason many gentlemen who admired the appearance of the horse,
which was exceedingly imposing; declined purchasing him, as, how:.
ever well he might suit in harness, he never could make a hunter.
It was admitted, at one part of %he defence, that the gelding had
at onetime a tenderness in his leg; hut% according to the evidence
of the groom of the defendant, that was ponfined to the near fore.
leg. This affection of the leg he had ditcovered in April, 1824,
and he then had the shoe widened, which removed the tenderness.
It was proved, that at the time of the sale and afterwards the
plaintiff had rode the horse, and expressed his perfect satisfaction
with his condition. The horse, the defendant's witnesses declared,
had never been sent to Tattersall's, although it had bet n exposed
for sale at the Horse Bazaar, and no purchaser was found for it.
One of the witnesses, who gave evidence to.day on the part of the
plaintiff; was said to have spoken highly of the horse's qualifica-
tions, afier he had exercised it In the usual way. It was attempted
also to show that the horse might have been lamed subsequently to
the !ale, and while in the plaintiff's possession, by picking up a
rolling stone, or p',liiidhg through streets which were iu a state of
macadamization. There was another topic of defence to be sure,
not quite consistent with the lameness ascribed to the horse while
in the plaintiff's possession--namely, that so late as last Friday it
had been seen by several ivitnesses, and that at that time it was
not lame.

•
The plaintiff's Counsel galled for a lette‘r whith they had given
the other side notice to produce.
This letter was then put in anti read It, Mr. ABBOTT. it was
dated the 14th of February, and written by the plaintiff, addressed
to the defendant. It stated that the horse was ascertained by a
• veterinary surgeon to be unsound ; that this surgeon had examined
•
him for the gentleman who had commissioned the plaintiff to pur-
chase the horse for his use, and that he hid therefore returned him
to the plaintiff. He, under these eircumstancea, called on the de-
fendant to take back his horse, and return the Fri:hese money with
the expenses of his keep.
The Loan CHIEF JUSTICE observed. in summing up the
evidence; that notwithstanding the number of the defendant's
witneriesi, and the unquestionable respectability of many of them,
no veterinary ibrgeon had been called before them to attest the
soundness of the horse. The animal might have been unsound
without the defendant's knowledge, but in this action his ignorance
of the horse's condition could nut remove or diminish his liability.
The evidence ah to the lameness of the horse at different periods
since the sale was conflicting; but the case of the plaintiff had
the advantage of being Supported by the opinion of scientific men.
His Lordship Concluded by telling the Jury, that in a case of con.
fleeting testimony, is was peculiarly within their province to weigh
and ascertain the nature and quality of the evidence, and to decide
upon its relative value. They would In the present in/lance con-
sider upon all that evidence which they had heard, whether in their
opinion the horse was unsound at the time of the sale, and if so,
to what damages they thought the plaintiff entitled. On the other
hand, if at the period of the sale they thought they could believe
that the horse was sound, then their verdict would pass for the
defendant.

The Jury returned • verdict for the plaintiff to the full amount
of the damages laid in the declaration.

MIDLAND CIRCUIT.

ent to disable : and thitalt. with
ily injury. Now, it had boa as.
offender liable under this 6st,, the
ith did nut ensue) mast be poise*
. • This had been the nseaimuus
•s. a case which Au "dense to heir.
rely &Alai to the Vona Mut
that the act dassasAidisk:ipiinner
and resist his and
went injury,. the udell Ms
act, and theerisoner wee ted. •
sled that the prisoneshoettlisett
he cut the prosecatettlet_ Shy
arm, so that his *ire Wilt have
or leave his hold., .If this wt's ee
ted on the three flin etttg;illl4ll
see, a fourth Count,
d maimed the erosion*,
rebension This eosin was
•
which gave persons, to ease of Ma.
!bend the offenders *Ada irele.
a Magistrate, who might elavlas
ling Si. how It appears, by the
justified, in this ease, ht app,-
clearly show, that a apt =het
it, therefore, u s die
must. be found gad* Bet a
this count in the indinallet end
nee for which the pteenentar wpm.
forth. That, however, wits set foe •

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