The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-05 00:00:00

ASSIZ•^•, INTELLIGENCE.

OXFORD ClRCUlT.—Ge.oocerega, Aram 3.
(Before Mr. Justice Pang.)
CIVIL NINE.
JONES V. BEADY.
This was an anion brought by the plaintiff against the defendant
to recover a compensation in damages the an alleged assault.
Mr. CAMP/it:Li stated the case to the Jury. He said that the
plaintiff. who was formerly a sergeant-major in the Tenth HUS.OII'4,
in which regiment he hail honourably served his country, and di.-
, tinguished himself at IVaterloo and other battles, was now the
landlord of the White Linn Ina, at IVotton-under-Edge, In this
county. The circumstances of his having been in the army and
the particular regiment that the Learned Counsel had mentioned,
were important, as this assault was in some degree connected with
throw facts. On the 21Ith of April hat, which was the duy on
which the assault took place, the plaintiff returned home tp his
house from a journey, and on entering, the defendant, who was
sitting there, thought lit to say, in a jeeriag manner, " Here conies
, one of the Tenth. Here conies • Waterloo man." The plaintiff
made some eivi reply to this • on which the defendant, mimicking
the voice and manner of ColAbentin, who formerly commanded
the 10th Hussars, told art anecdote about his having once sworn
at • man, and severely reprimatoled hint for having his foraging
jacket unbuttoned. The plaintiff took no notice of this, though
it was evidently meant to insult hint, and the defendant then burst
our into invectives against the 10t11 Hussars, saying that the whole
regiment were coward., and had never drawn a sword at the battle
of Waterloo. The plaintiff, 'icing conscious from his own ocular
observation that such was not the tact, contradicted a statement so
libellously reflecting on a regiment that he had been with at Wa-
terloo. The defendant then seized • handful of toloicco pipes,
which lay on the table, flung them In the face of the plaintiff,
and knocked the pipe which he was smoking out of his mouth.
I 'nder these circumstances but two courses presented themselves.
Ordinary men would have resented the insult on the spot by per-
sonal violence ; but the plaintiff, with no less self-possession than
intrepidity, as he had left the army and moved in the ranks of so.
ciety as a citizen. thought the better course would be to appeal to it
Jury of his countryman fee that redress which the Learned Counsel
was sure he would receive at the hands of the Jury on the present
occasion, in such an amount of damages as might teach the de.
fentlane he could not wantonly hurt the feelings or assault the pet.
son of any man.
. . _ . . .

Ann JOnes, the daughter of the plaintiff, whose beauty attracted
the gaze of the whole Court, stated that her father kept the White
I Lion Tavern, at Wotton•under•Bdge. On the 28th of April last,
while her father was absent from home, Mr. Beady the defendant,
I and Mr. !lecke. his attorney, came there. A Mr. Chaffing wax also
there, and they had all been drinking in the bar for about an hour,
when the plaintiff came in about seven o'clock in the evening, and
sat down. Mr. Beady then said, '• there is one of the 10th. The
plaintiff replied, " tell me what I am, anti not what I have been."
An attempt was now made to compromise the case.
Mr. LUDLOW, as Counsel for the defendant, said, that as all the
parties were neighbours, his client was ready and willing that all
matters of difference should be settled out of Court. The offer,
however, was not accepted, anti the case proceeded.
Witness, in continuation—Mr. Beady then went on talking, and
said a friend of his had told him that, as the 10th regiment of hug.
sacs was once marching on their route from Brighton to London,
nn an exceedingly hot day, some of the men unbuttoned their
jackets to cool themselves, whereupon Colonel Quentin rode up to
them and said " button up your jackets, you scoundrels." At
this part of the anecdote the defendant tried to mimic Colonel
Quentia's voice, he being a German. The plaintiff said " who-
soever told you that. Sir, it is a wrung assertion." Mr. Beady, the
defendant, said •` Do you mean to call me a liar ?" The plaintiff
replied, " I don't mean to call you a liar, Sir, but it is a wrong as.
section." The defendant then hesitated a few minutes, od which
111 r. Berke said, " it is right, uncle; the 10th never drew a blade
in their lives ; they were not at Waterloo." Me. Beady then took
up some tobacco pipes and threw them at the plaintiff's head; one
struck the plaintiff, and the rest flew on a shelf where there were a
great many glasses placed. The defendant then seized a large
glass, and was in the act of flinging it at the plaintiff, when his
arm was stopped by Mr. Chaffins, who said, " don't throw a glass
at the man. or you may seriously injure him." Beady and Chaffing
then left the room, and after about a quarter of an 110111'S absence,
they came bark again. when Beady reached over the shoulder of
witness's mother, and struck a pipe which the plaintiff' was smok-
ing out of his mouth, saying, "getup and fight, you China Tenth."
After that he said he would have some brandy and water, which
the plaintiff's wife refused him, and lie was then going, as he said,
to mix his own grog, when Mr. Chafflns took him away.
Croas-examined by Mr. LUDLOW—Witness did not recollect
that Colonel Palmer's name was mentioned. Did not hear any one
say " That is a (1--d lie." Never heard her father swear. Never
heard that he did not wish to bring the action ; nor did she ever
hear her father say it should be the last pipe Beady ever threw.
James Young was the next witness called—Said lie was a brewer,
residing at Wotton-under.Elige. He remembered the evening'
in question. and was in the tap-room Of the White Lion that
evening. lie heard the defendant abuse the plaintiff very much.
The abuse then muted for about a quarter of an hour ; after which
witness opened the tap-room door, and saw lir. Chaffins. Ile heard
Chaffin( say, •, Beady, you are quite in the wrong." Mr. Beady
pressed forward again into the bar, and knocked the plaintiff's pipe
out of his mouth.

Cross-ekamined by Mr. LUDLOW.—Witness saw the pipe
broken, but did not see it fall out of the plaintiff's mouth.
Mr. CAMPBELL—When the pipe was broken, what would pre.
vent its falling to the ground by the laws of gravitation ?
Mr. Justice PARE—How should he understand your laws of
gravitation ? Do you suppose he has been to the London College,
or the Metropolitan University ? (Loud laughter.)
John Hunt, an auctioneer, at Woton-under-Edge, confirmed
the account given by the plaintiff's daughter, and in addition gave
an imitation of the manner in whieh the defendant mimicked Col.
Quentin's curse on his men, when he told them to button their
jackets, on the route from Brighton to London. The defendant
alleged that Col. Quentin, riding up to the men, exclamed, Yoo
dam sroonthrell buulonc yoo ?locket." The plaintiffupon that said.
" I am sure that is a false assertion, for I was with him thirteen
years, and lam sure he would not do such a thing." The defend.
I ant then said, " Do you mean to call me a liar ?" on which the
Pplaintiff said, "No but what you say is wrong." Witness then
elt the room, and did not see the assault committed.
Thomas Hunt gave the same account as the last witness.
James Price, a servant to the plaintiff, heard the derehdant call
his master a coward, and saw him strike him.

lklr. Ltatt.rtiv, for the defendant, said that u an assault was
clearly proved. he could not resist a verdict against his client, but
he submitted that it was a case which called for very ?rifting da-
mages. It appeared that all the injury which the plaintiff sustain.
ed was the imaginary insult of having his pipe knocked out of his
mouth, which was done rather jocularly titan otherwise, over the
shoulder of his wife, behir.d whom (very unlike a Waterloo malt)
he had entrenched himself.

Mr. Justice PARK, in general terms, deprecated the practice of
making public-house broils the subjects of serious discussion in
Courts of Justice. Hut here the assault was both aggravated and
uncalled for; and the injury was rather augmented by the imputa-
tion that the plaintiff', as a soldier who had fought for hi+ country,
was defended by his wife. In truth, it appeared that Mrs..lunes
had stepped in between this violent man and her husband, to pre.
vent a second disturbance; and though the case did not call fur very
heavy damages, yet it called fur some. Soldiers were respectable
men in their station of life, and they were not to have their feelings
wantotdy trifled with, by having officers under whom they bad
served, and to whom they were attached, unnecessarily abused in
their presence. It was true that there must be a verdict given for
the plaintiff, and the Jury would give such fair damages as they
thought the case called Mr.
Verdict for the plaintiff—damages 40a.
There was nothing more of interest on either side.